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Friday, Dec. 19, 2014

Dan Liljenquist: President Obama has become a constitutional squatter

By Dan Liljenquist, For the Deseret News

Published: Thu, July 3 12:00 a.m. MDT

 During his administration, President Obama has aggressively and unabashedly taken possession of legislative powers by refusing to enforce laws he disagrees with, by legislating through executive fiat and by rewriting laws through agency regulations.

During his administration, President Obama has aggressively and unabashedly taken possession of legislative powers by refusing to enforce laws he disagrees with, by legislating through executive fiat and by rewriting laws through agency regulations.

(Charles Dharapak, Associated Press)

During my first year at the University of Chicago Law School, while wading through painfully obscure court decisions from hundreds of year ago, I learned that under English Common Law individuals who had no ownership rights in a piece of property could establish “squatters rights” by taking exclusive possession of the property and staying there for a long period of time. The courts of those days reasoned, correctly, that if a rightful property owner did not seek to exercise and enforce his rights within a reasonable amount of time, then he forfeited those rights to the squatter. The bottom line of this legal doctrine is that if you don’t stand up for your rights then you deserve to lose them.

During his administration, President Obama has become a Constitutional squatter, aggressively and unabashedly taking possession of legislative powers by refusing to enforce laws he disagrees with, by legislating through executive fiat and by rewriting laws through agency regulations. Congressional Republicans have been largely ineffective in stopping Obama’s power grab, primarily because Senate Democrats seem to be perfectly comfortable with the situation. For example, when President Obama announced this week that he would tackle immigration reform “on his own”, Senate Majority Whip Dick Durbin (D-Ill.) approved, saying “The President will borrow the power that is needed to solve the problems of immigration and shouldn’t be sued as a result of it.”

Since when does the president get to “borrow” Congress’ constitutional authority? Once borrowed, when precisely does this president intend to “return” such authority to Congress? The last time a senatorial body acquiesced such power to the executive was when Julius Caesar took full control of the Roman Empire. He never gave the power back.

We are in a full-blown constitutional crisis. We cannot afford to have a president who both writes and executes the laws. We’re not Venezuela. Congress and the American people should forcefully and unequivocally insist on the separation of powers envisioned by our founders, evicting this president and future presidents from legislative ground. This can be done in three ways.

First, we must elect legislators who will jealously guard Congress’ constitutionally granted powers. We need senators and congressmen who will stand up to presidential overreaches, especially when such overreaches come from members of their own party. Sen. Robert Byrd, a Democrat, was a fierce defender of the separation of powers. I have no doubt that were Sen. Byrd still alive, he would be an unabashed, outspoken critic of President Obama’s intrusions into legislative affairs.

Second, Congress must stop voluntarily outsourcing its legislative authority. Over the years, instead of safeguarding its constitutional right to legislative powers, Congress has delegated much of its authority to the executive branch, either by explicitly granting rulemaking authority to federal bureaucrats or by passing poorly constructed legislation that is open to broad interpretation. If Congressional leaders are intent upon reigning in the executive branch, they must start by drafting, reading, debating and thoroughly vetting every piece of legislation before they vote on it. Over time, equipped with clearly worded, tightly focused bills, Congress can slowly but surely reassert its legislative authority.

Finally, when one chamber of Congress refuses to stand up for legislative rights, it is entirely appropriate for the other chamber of Congress to seek redress through the courts. Given the several recent 9-0 Supreme Court decisions invalidating multiple actions of the Obama administration, this might be the most effective course for House Republicans to take to protect Congress’ legislative powers. This week, President Obama taunted Congress to sue him. I think they should, on this point, give him what he wants.

Dan Liljenquist is a former state senator and U.S. Senate candidate.

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1. Bob K
Davis, CA,
July 3, 2014

Somewhere in this article, the writer more or less admits that the President is trying to act, while the House has done nothing constructive whatever. However the basic tone is "How dare he try to accomplish for America what he thinks is right, when Congress shirks its duty?"

It seems the DN has no care for truth, quality of writing, or fairness, when it gets the chance to publish yet another tawdry derision of the President of the United States.

Where is the respect for the people that elected him in 2 landslides?

Where is the respect for the Office and for the USA?

Where is the respect for what Jesus said about loving our fellow men?

And where is the respect for fighting a clean and fair fight, rather than descending to bashing, half-truths, and rather smarmy innuendo?

Is the DN again affirming that the do-nothing, obstructionist Congress is just fine?

2. ordinaryfolks
seattle, WA,
July 3, 2014

Oh gad, the sky is not falling.

When Bush or any other Republican President abuses his power, it is all okay with Tea Party Republicans. When Obama exerts his powers, it is dictatorship. The author would have a lot more credibility if he turned off his hyper-partisanship.

Abuse of power is indeed a problem that exists in federal government, and indeed, in some states governments. It should be dealt with. However, to assert as the author implicitly does that it begins with Obama is ridiculous, and he loses authority in whispering so.

3. Mountanman
Hayden, ID,
July 3, 2014

I took my family to see Dinesh D'Souza's ‘America’ last night. I urge all Americans to see it and think for yourselves about America, Barrack Obama and the constitution.

4. Joan Watson
TWIN FALLS, ID,
July 3, 2014

Could not agree more.

5. Mike Richards
South Jordan, Utah,
July 3, 2014

Dan is correct. We have a Constitution. Article 1 Section 1 grants ALL legislative authority to Congress. The Executive and Judicial branches have NO authority to legislate. That means that Obama cannot legislate without breaking the Supreme Law of the Land. That also means that federal judges cannot legislate from the bench. The President is in violation and some federal judges are in violation.

The remedy is to elect Representatives that will impeach and Senators who will convict.

A rogue President will destroy this nation. He has already told us that me must buy health insurance. That is not a responsibility of the Federal Government. He has told business owners that they must pay for pills that cause an abortion. That is not in the Constitution. He has failed to implement laws, as written, and has changed laws (legislation) to suit himself.

The people are represented by the House. The States are represented by the Senate. The President is oath bound to enforce laws passed by Congress.

His popularity with the people is not a factor in his authority or his duties.