On the recordJuly 30, 2014
To begin with, H. Res. 676 seeks to solve a nonexistent problem because the President has, in fact, fully met his obligations to fully execute the laws. Allowing flexibility in the implementation of a major new program, even where the statute mandates a specific deadline, is neither unusual nor a constitutional violation. Indeed, in the case of the Affordable Care Act's employer mandate, the administration acted pursuant to statutory authorization granted to it by Congress. Section 7805(a) of the Internal Revenue Code authorizes the Treasury Secretary to issue any rules necessary for the enforcement of the Code, including the provisions that enforce the employer mandate. Exercising discretion in implementing a law is the reality of administering sometimes complex programs and is inherent in the President's duty to ``take care'' that he ``faithfully'' execute laws. This has been especially true with respect to the Affordable Care Act. The President's decision to extend certain compliance dates to help phase-in the Act is not a novel tactic. Yet, even though not a single court has ever concluded that reasonable delay in implementing a complex law constitutes a violation of the Take Care Clause, the Majority insists there is a constitutional crisis. In addition, a suit initiated under H. Res. 676 would itself be unconstitutional and would violate separation of powers principles.…





