Shortly after being elected, it was clear to me that President Obama was unilaterally modifying the law and clearly ignoring the separation of powers as outlined in the Constitution. After carefully researching the standing the House of Representatives has and what action we could take, I introduced a resolution to STOP the President’s clear overreach.
H.Res. 442, the Stop This Overreaching Presidency Resolution, directs the House to institute legal action to require the President to comply with the law. This resolution does not require a vote in the Senate.
- Article II, Section 3 of the United States Constitution entitled, “Presidential Responsibilities”, states that the President “shall take Care that the Laws be faithfully executed." However, President Obama has chosen to ignore some of the laws written by Congress.
- The President has repeatedly ignored this Constitutionally-mandated duty, to include:
- His one-year extension of the “substandard” insurance policies.
- His one-year delay in Obamacare’s employer mandate.
- Granting deferred removal action to illegal immigrants.
- His waiver of the welfare work requirement under TANF.
In July 2014, the House voted to authorize the lawsuit challenging the Obama Administration’s executive order delaying the employer mandate provision of Obamacare. The lawsuit is a scaled-down version of the STOP Resolution. House leadership filed a case, listing one of the claims in the STOP Resolution.
In September 2015, the D.C. Federal District Court ruled that the House of Representatives has standing in its lawsuit against President Obama.
This lawsuit sets an important precedent for executive overreach and has the potential to reset the relationship between the executive branch and the legislative branch to that outlined in the Constitution.
H. Res. 442 Cosponsors (119):
Amodei (NV-2), Bachmann (MN-6), Bachus (AL-6), Barletta (PA-11), Barr (KY-6), Barton (TX-6), Benishek (MI-1), Bentivolio (MI-11), Black (TN-6), Blackburn (TN-7), Boustany (LA-3), Bridenstine (OK-1), Brooks (AL-5), Broun (GA-10), Burgess (TX-26), Byrne (AL-1), Calvert (CA-42), Campbell (CA-45), Carter (TX-31), Chabot (OH-1), Chaffetz (UT-3),Collins (GA-9), Cramer (ND-At Large), Crawford (AR-1), Culberson (TX-7), Daines (MT-At Large), Davis (IL-13), DesJarlais (TN-4), DeSantis (FL-6), Jeff Duncan (SC-3), John Duncan (TN-2), Ellmers (NC-2), Farenthold (TX-27), Fincher (TN-8), Fleischmann (TN-3), Flores (TX-17), Franks (AZ-8), Gibbs (OH-7), Gingrey (GA-11), Gosar (AZ-4), Gowdy (SC-4), Tom Graves (GA-14), Griffin (AR-2), Ralph Hall (TX-4), Harper (MS-03), Harris (MD-1), Hensarling (TX-5), Hudson (NC-8), Huelskamp (KS-1), Hunter (CA-50), Johnson (OH-6), Jones (NC-3), Joyce (OH-14), Steve King (IA-4), Kingston (GA-1), LaMalfa (CA-1), Lamborn (CO-5), Lance (NJ-07), Lankford (OK-5), Latta (OH-5), Luetkemeyer (MO-3), Lummis (WY-At Large), Marchant (TX-24), Marino (PA-10), McCaul (TX-10), McClintock (CA-4), McHenry (NC-10), Meadows (NC-11), Messer (IN-6), Mica (FL-7), Candace Miller (MI-10), Jeff Miller (FL-1), Mullin (OK-2), Mulvaney (SC-5), Neugebauer (TX-19), Nugent (FL-11), Nunnelee (MS-1), Olson (TX-22), Palazzo (MS-4), Perry (PN-4), Pittenger (NC-9), Posey (FL-8), Tom Price (GA-6), Ribble (WI-8), Rigell (VA-2), Roby (AL-2), Roe (TN-1), Hal Rogers (KY-5), Mike Rogers (AL-3), Rohrabacher (CA-48), Rokita (IN-4), Rothfus (PA-12), Salmon (AZ-5), Sanford (SC-1), Scalise (LA-1), Schweikert (AZ-6), Scott (GA-8), Sessions (TX-32), Shuster (PA-9), Simpson (ID-2), Jason Smith (MO-8), Lamar Smith (TX-21), Stewart (UT-2), Stivers (OH-15), Stockman (TX-36), Southerland (FL-2), Tiberi (OH-12),Walberg (MI-7), Walden (OR-2), Walorski (IN-2),Weber (TX-14),Wenstrup(OH-2), Westmoreland (GA-3), Williams (TX-25), Joe Wilson (SC-2), Womack (AR-3), Woodall (GA-7), Yoho (FL-3), Don Young (AK-At Large)