[Congressional Bills 113th Congress]
[From the U.S. Government Publishing Office]
[H. Con. Res. 45 Introduced in House (IH)]

113th CONGRESS
  1st Session
H. CON. RES. 45

   Expressing the sense of Congress that President Barack Obama has 
  violated section 3 of article II of the Constitution by refusing to 
 enforce the employer mandate provisions of the Patient Protection and 
                          Affordable Care Act.


_______________________________________________________________________


                    IN THE HOUSE OF REPRESENTATIVES

                             July 10, 2013

 Mr. Garrett submitted the following concurrent resolution; which was 
 referred to the Committee on Energy and Commerce, and in addition to 
  the Committees on Ways and Means, Education and the Workforce, the 
    Judiciary, Natural Resources, House Administration, Rules, and 
   Appropriations, for a period to be subsequently determined by the 
  Speaker, in each case for consideration of such provisions as fall 
           within the jurisdiction of the committee concerned

_______________________________________________________________________

                         CONCURRENT RESOLUTION


 
   Expressing the sense of Congress that President Barack Obama has 
  violated section 3 of article II of the Constitution by refusing to 
 enforce the employer mandate provisions of the Patient Protection and 
                          Affordable Care Act.

Whereas section 1 of article I of the Constitution states that ``All legislative 
        Powers herein granted shall be vested in a Congress of the United 
        States, which shall consist of a Senate and House of Representatives'';
Whereas section 3 of article II of the Constitution states that the President 
        ``shall take Care that the Laws be faithfully executed'', which imposes 
        a duty upon the President to enforce the law, regardless of difficulty 
        of enforcement or displeasure with the statute;
Whereas the Patient Protection and Affordable Care Act was signed into law by 
        President Barack Obama on March 23, 2010;
Whereas such Act contains a provision commonly referred to as the ``employer 
        mandate'', which requires businesses that employ 50 or more full-time 
        employees to provide health insurance to its employees upon threat of 
        financial penalty;
Whereas section 1513(d) of such Act states that the employer mandate ``shall 
        apply to months beginning after December 31, 2013'';
Whereas the executive branch announced on July 2, 2013, that it would 
        unilaterally delay the enforcement of the employer mandate until January 
        2015;
Whereas the principle of separation of powers is a constitutional safeguard of 
        liberty as asserted by James Madison in Federalist No. 47 in which he 
        stated, ``The accumulation of all powers, legislative, executive, and 
        judiciary, in the same hands . . . may justly be pronounced the very 
        definition of tyranny''; and
Whereas the executive branch's unilateral decision to delay the implementation 
        of a law sets a dangerous precedent under which legislation that is 
        enacted through the passage of that legislation by the democratically 
        elected Members of Congress and the signing of that legislation into law 
        by the President will no longer have the force of law and will instead 
        be relegated to having the status of a mere recommendation, which the 
        President may choose to ignore: Now, therefore, be it
    Resolved by the House of Representatives (the Senate concurring), 
That it is the sense of Congress that--
            (1) President Barack Obama has violated section 3 of 
        article II of the Constitution by refusing to enforce the 
        employer mandate provisions of the Patient Protection and 
        Affordable Care Act;
            (2) the perpetuation of republican government depends upon 
        the rule of law;
            (3) the executive branch, which has no constitutional 
        authority to write or rewrite law at whim, has invaded upon the 
        exclusive legislative power of Congress;
            (4) the Patient Protection and Affordable Care Act has 
        proven to be unworkable; and
            (5) such Act should be repealed by Congress immediately.
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