Attorney General Eric Holder flubbed a question from Sen. Mike Lee (R-UT) that is of vital importance to the rule of law.
While the Constitution allows – and sometimes requires – executive action on many matters, President Barack Obama has asserted executive authority in unprecedented ways. When Lee asked why one of Obama’s orders does not violate the Constitution, Holder – the chief legal officer of the nation – had no answer.
During a Senate oversight hearing, Lee asked Holder by what legal authority Obama suspended Obamacare’s employer mandate, which covers all companies with 50 or more employees. Holder admitted that he had no ready answer, that there were legal memos on this subject, but that he could not recall what they said. Lee sharply criticized this lack of an answer and requested that Holder provide to the committee copies of the legal memos making the case for Obama to be able to do this.
Video shows the details of the exchange, in which Holder said the President was on the strongest footing of taking action that changes the law governing the country.
Article II, Section 1 of the Constitution specifies the oath a person must take before he can exercise the powers of the presidency. As Obama has said twice, “I, Barack Hussein Obama, do solemnly swear that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
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