On the recordMarch 1, 2011
Mr. Speaker, I rise to challenge this body, and I hope that my message is well received. This Nation was founded on the rules of the Constitution, not the opinions of Republicans and Democrats. Our decisions are judged in the light of the traditions of the past and the precedent that it sets for the future and the future generation. Mr. Speaker, according to our Constitution, a President cannot pick and choose which parts of the law he prefers. The executive branch does not write the law nor choose the law. It enforces the law. The basic function of every President is to enforce the law. Every executive branch agency has its foundation in a short and clear statement from the Constitution stating this: He--that means the President--shall take care that the law be faithfully executed. A President can petition for laws to be changed. He can complain about a law. He can encourage passage of new law. But he cannot just ignore the law or write new law. Only the courts can throw out a law, and only Congress can write a law. The President and the Department of Justice cannot unilaterally decide not to enforce the Defense of Marriage Act. For decades, the Congress has been donating their constitutional powers to the executive branch by giving increased rulemaking authority to the different agencies. Our agencies now write rules that look more like legislation than regulation. We have allowed people to serve in ``Cabinet lite'' level positions without Senate approval.…





