In unilaterally delaying Obamacare’s employer mandate to 2016, President Obama “is simply providing small businesses with the flexibility they need to be able to start adopting the law,” Rep. Xavier Becerra (D-Calif.) told “Fox News Sunday.”

“So if this were against the Constitution, someone would have sued by now, and the president would have had to stop.”

Becerra, who chairs the House Democratic Caucus, said President Obama is “just trying to make things work” despite an intransigent Congress:

“If you were going around Congress to rewrite law, that would be different than trying to use the flexibility you’re given by the Congress to execute the law,” he said.

“The president is not trying to rewrite. The president has never said I’m going to go it alone. The president said I’m going to work with Congress, but where Congress decides not to act — remember, this is the — perhaps the great(est) do-nothing (Congress) we’ve seen. You have a Republican speaker who said he will not — he will be the brick wall that will not permit the president to act.

“So the president’s trying to implement the law.”

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