GOP resolution: Obama delay of employer mandate violated Constitution

Garrett’s resolution, H.Con.Res. 45, says Obama violated Article II, Section 3 of the Constitution by postponing the provision requiring all companies with more than 50 workers to provide health insurance or face a fine.

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While delaying any provision of ObamaCare might be seen as acceptable by Republicans who despise the law, Garrett said this delay raises serious questions about whether the executive branch can simply ignore laws passed by Congress.

“Our government depends upon the rule of law,” he said Wednesday. “President Obama is in violation of Section 3 of Article II of the Constitution by refusing to enforce the employer mandate provisions of ObamaCare.

“The executive branch, which has no constitutional authority to write or rewrite law at whim, has usurped the exclusive legislative power of Congress,” said Garrett.

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