Obomination: Ten Reasons Why the Obama Administration Has Defied the Rule of Law

Published Fri, Apr 20 2012 8:23 AM

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Today the Republican National Lawyers Association hosts its 2012 National Policy Conference in Washington, DC.  The conference, titled “Restoring A Government of Laws: The Constitution v. Obama Administration,” features several panels and speakers who will analyze many relevant legal issues present this presidential election year.  For those of you who cannot attend the conference, listed below are the top ten reasons why the law is at odds with the Obama Administration.

10. Obama’s Support for Corrupt Organizations

In 2011 Obama’s Office of Justice Programs awarded a grant of $138,130 to the Association of Community Organizers for Reform Now (ACORN) in order to “sustain the efforts of the organization.”  This action was taken despite the bill Obama signed in 2009 prohibiting federal funds from being given to ACORN. 

9.  Obama’s Spoils System

The Foreign Service Act of 1980 states that “contributions to political campaigns should not be a factor in the appointment of an individual as a chief of mission.”  Nevertheless, 24 Obama fundraisers became ambassadors to foreign countries.  Susan Johnson, President of the American Foreign Service Association took issue with Obama’s spoils system and said, “We think that the pendulum has swung a bit too far toward the patronage side of things.” Additionally, more than half of those individuals who gave over $500,000 to Obama’s campaign now have a position in the administration.  To the victor, come the spoils.

8.  Hiding the Disenfranchised Military Voters

The Department of Defense declared victory and reported a large increase in military voting efforts following their Federal Voting Assistance Program’s 2010 survey of the military.  However, as the Heritage Foundation’s Hans von Spakovsky properly identified, the DOD cooked the books to hide its failure to protect military voters.  The FVAP announced a 21% increase in military voting from 2006 to 2010.  However, the FVAP combined active duty members with reservists (for the first time) in their biased analysis, significantly overrepresented older members of the military, and was criticized by the U.S. Government Accountability Office for the survey’s low response rates.  Additionally, the FVAP’s report revealed that 29% (approximately 120,000 members) of the active duty military did not receive their absentee ballot in 2010. 

7.  Fast and Furious

Attorney General Eric Holder admitted that “Fast and Furious”, an operation where undercover law enforcement officials sold guns to drug dealers in Mexico was “wholly unacceptable.”  One of the sold weapons was used in the murder of a border patrol agent.  However, Eric Holder has not held the department accountable.  As Rep. Patrick McHenry stated, the AG’s mishandling of the matter reflects “incompetence in terms of management.”  (See RNLA’s previous post here) 

6.  Recess Appointments

Last January, President Obama directly violated the American Constitution when he made “recess appointments” to the National Labor Relations board.  The appointments were made while the Senate was still meeting and conducting business during pro forma sessions.  The President’s actions bypassed Article II Section II of the Constitution, which requires the Senate’s “advice and consent.”  Senator Mike Lee declared Obama’s appointments to be an “exceptional and unprecedented attack on the Constitution’s balance of powers.” 

5.  Obama’s Office of Legal Counsel

After President Obama disregarded the Constitution and made recess appointments while the Senate was not in recess, his Office of Legal Counsel released a memo attempting to retroactively justify the appointments.   The OLC’s memo gave the President authority to “properly conclude that the Senate is unavailable for the overall duration of a recess,” even if the Senate is still meeting and passing legislation.   The Americans for Limited Government (ALG), who filed a complaint with the DOJ’s Office of Professional Responsibility, said the DOJ’s memo “leaves no constraints on the appointment power of the President…”

4.  HHS Mandate

The Obama Administration continues to move forward with its Health and Human Services mandate, which would force many religious institutions and employers to pay the costs associated with contraception, sterilization, and abortifacient pills.  As Speaker of the House John Boehner announced, the mandate “was an unambiguous attack on religious freedom in our country,” and it is in direct violation of the First Amendment of the Constitution.  The Becket Fund for Religious Liberty has filed three lawsuits challenging the law.

3.  Intimidation of the Supreme Court

When discussing Obamacare, President Obama said that “for years what we’ve heard is the biggest problem on the bench was judicial activism or lack of judicial restraint, that an unelected group of people would somehow overturn a duly constituted and – and passed law.  Well, there’s a good example, and I’m pretty confident that this court will recognize that and not take that step.”  However, judicial review has been a key aspect of constitutional law since Marbury v. Madison in 1803.  As Senate Republican Leader Mitch McConnell said, the President’s remarks on the Court “reflect not only an attempt to influence the outcome, but a preview of Democrat attacks to come if they don’t get their way… This President’s attempt to intimidate the Supreme Court falls well beyond distasteful politics…”

2.  DOJ’s “Politicized” Voting Section

The Department of Justice blocked the implementation of Texas’ voter ID law just days after seven individuals were indicted by grand jury for illegally voting in Texas.  The DOJ has combatted the voter ID laws of many states’ by attempting to discredit the presence of fraud and raising claims of disenfranchisement.  However, vote fraud is a real and prevalent problem (See RNLA’s Vote Fraud Map here), and states’ already enforcing voter ID laws have shown no indication of voter suppression or disenfranchisement. (See RNLA’s previous post on this here.)  The DOJ ignores vote fraud, even when someone pretended to be Attorney General Eric Holder and was given his voting ballot (DC has no voter ID law).

1.  Attorney General Eric Holder

More than 100 congressmen have officially demanded for the resignation of Mr. Holder.  As the United States Attorney General, Mr. holder has the responsibility to uphold the pillars of law and justice.  However, he has done nothing but uphold President Obama’s politicized agenda.  Holder fails to accept the realities of vote fraud or make efforts to protect our voting process, and he fails to take responsibility for the catastrophe of “Fast and Furious.”  



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