Wednesday, July 18, 2012

Enumerated Powers

The U.S. Constitution enumerates (or defines) specific powers for each of the three branches of our government. Congress has the exclusive power to pass legislation which then must be signed into law (or allowed to sit for 10 business days while Congress is in session to automatically become law) by the President. (Of course, the President has the option to veto.)

The Supreme Court (or lower courts) is the only branch that has the power to void laws and this must only be done based on the constitutionality of the law in question.

Temporary Assistance For Needy Families is a law that went into effect on July 1, 1997. This is a welfare reform law that put emphasis on putting people back to work. People were required to work 20 - 30 hours per week or participate in preparing to go back to work in order to receive financial aid. This program was very successful in promoting greater self reliance. It moved 2.8 million families off the welfare rolls and into jobs so that they were providing for themselves. Child poverty fell, and single-parent employment rose.

Congress deliberately shielded or exempted nearly all of TANF from waiver authority. Obama through an executive order, has now essentially rewritten TANF by removing the waiver  restriction that those receiving financial aid must work or prepare to return to work.

No where in the Constitution is the President given the power to rewrite or void existing law. Those powers are exclusive to Congress and the Supreme Court respectively. If we are a nation governed by the rule of law, then why isn't Obama adhering to the law instead of rewriting it as he sees fit? Is there anything more dangerous than a government that doesn't abide by its own laws?

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