Attorneys General Join Forces to Call Into Account Illegal Obama Administration Violations

via Republican State Leadership Committee (RSLC)

 

The following is a report published by the RSLC summarizing some of the Obama administration’s flagrant and continued violations of the US Constitution.  These abuses, coupled with recent questionable Executive Orders, confirm the man is a delusional child who thinks he is a leader without boundaries.  Top cop, Eric Holder, is doing his best to thwart all efforts of states trying to implement voter ID laws and to secure a second term for his boss.  Liberal judges are continually overturning laws that states and their citizens voted on and passed.  What has happened to ‘we the people’ or ‘representatives of the people’ or even states’ rights?  Since Congress has done nothing to stop Obama, we will have to. This will be the most important election in our lifetime – we need to roll up our sleeves and do all we can to defeat our narcisisstic delusional President — Kasey Jachim

 

MEMO:          A Report on Obama Administration Violations of Law

FROM:           Attorneys  General Tom Horne, Arizona; Pam Bondi, Florida; Sam Olens, Georgia; Bill  Schuette, Michigan; Scott Pruitt, Oklahoma; Marty Jackley, South Dakota; Alan  Wilson, South Carolina; Greg Abbott, Texas; Ken Cuccinelli, Virginia

DATE:            March 5, 2012

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Introduction

As chief  legal officers of the states and commonwealths, attorneys general are the last  line of defense against an increasingly overreaching federal government.  Attorneys general have a duty to uphold the  laws of their respective states and uphold the U.S. and state constitutions.

One of the  ways in which attorneys general protect the integrity of state laws and  constitutions is by carefully reviewing the actions of the federal government  and responding when they break the law or overstep the bounds of the  Constitution.

Federalism  is the division of authority between the federal and state governments that the  Founding Fathers created to provide a check on federal power so that the federal  government would not become destructive of the very liberty it was instituted  to protect.

While some  naïvely argue that the Constitution should “evolve” due to the fact that our Founders  could not have foreseen the issues faced by our country today, they forget that  the Founders faced tyranny firsthand and understood it well.  This led to the creation of a Constitution  that relies on limited government, precisely to protect our citizens from  today’s unprecedented overstepping of the “division of authority.”

The Landscape

While each Attorney  General has policy disagreements with the Obama Administration, those disagreements  are not what serve as the basis for this effort.  For example, this Administration makes many  decisions and takes numerous actions that Republican attorneys general find  politically ignorant or flawed from a policy standpoint.  However, that does not make those decisions  or actions illegal.  The purpose of this  report is to outline actions taken by this Administration that are violations  of law.

The obvious  example is a federal health care overhaul, passed against the will of the  majority of Americans and more importantly in violation of the Constitution,  which is now being challenged by more than half of the states.

While the  Patient Protection and Affordable Care Act (PPACA) has received the most  attention, it serves as a representation of a much larger picture that  demonstrates the continued disdain for the Constitution and laws shown by the  Obama Administration.

Through the  collective review by a committee of Attorneys General from nine of the 50  states, the group identified more than 21 illegal actions from this  Administration and is highlighting the effects of the federal overreach on our  citizens and states.

The Impact

Whether it  is through the EPA, NLRB, Office of Surface Mining, FCC or other entities, the  Obama Administration has aggressively used administrative agencies to implement  policy objectives that cannot gain congressional approval and are outside of the  law.

In Florida, a state with one of the most  aggressive and innovative water quality protection programs in the country, the  EPA chose to impose its own costly, unprecedented and unscientific numeric  nutrient criteria.  The estimated impact  the EPA’s rules would impose was dramatic, including billions of dollars in  compliance costs, significant spikes in utility bills and the loss of thousands  of jobs.  The Florida Attorney General’s  Office sued the EPA and two weeks ago prevailed when a federal judge in  Tallahassee threw out the costliest of the EPA’s rules, the one governing  Florida’s streams and rivers.  In doing  so, the judge found the EPA’s rules were not based on sound science and that  the agency had failed to prove that its rule would prevent any harm to the  environment – in other words, the EPA was found to have violated the law.

In South Carolina, the NLRB’s recess-appointed,  unconfirmed general counsel threatened to sue the state for guaranteeing a  secret ballot in union elections, despite 83 percent of South Carolinians  voting for an amendment for such action.   When South Carolina was joined by three other states in mounting a  vigorous defense, the NLRB backed down but turned their attention to Boeing, a  private company and corporate citizen of South Carolina, telling the employer  where they could or could not locate facilities.  Again – after a high-profile fight – the NLRB  backed down in their complaint against Boeing, but only after the company and  the union worked through an agreement.

In Arizona, voters passed a referendum  requiring that individuals registering to vote show evidence that they are  citizens.  Over 90 percent of the  population can satisfy this simply by writing down a driver’s license number or  naturalization number.  The less than 10  percent of those who do not have these numbers are able to register by mailing  a copy of a birth certificate, passport, Indian registration number or similar  documentation.  The Obama Administration  argued against Arizona in the Ninth Circuit and a decision is yet to be made.

In Oklahoma, the EPA illegally usurped  Oklahoma’s authority in the Clean Air Act to determine the state’s own plan for  addressing sources of emissions by imposing a federal implementation plan.  The federal plan goes beyond the authority  granted to the EPA in the Clean Air Act and will result in a $2 billion cost to  install technology needed to complete the EPA plan and a permanent increase of  15-20 percent in the cost of electricity.   The Obama Administration is fighting Oklahoma’s appeal, which was filed  in  the Tenth Circuit Court of  Appeals.

The ongoing  fight over the individual mandate and these four state examples serve as only a  representation of the more than 21 Obama Administration violations that  attorneys general are fighting against.

Taking Action

What these nine  Attorneys General have collectively confirmed is that this Administration  repeatedly shows disdain for states, federal laws it finds inconvenient, the  Constitution and the courts.

With the  release of this report, and its extensive list of transgressions, two  principles are abundantly clear:

  • This  group of nine Attorneys General will grow and continue to serve as a de facto  “task force,” assisting when possible to defend state laws and identifying  “best practices” and legal arguments to fight back against the Obama  Administration’s illegalities in a more cohesive and effective manner;
  • The  next election is critically important and as the states’ chief legal officers,  the attorneys general will make a concerted effort to educate their states’  voters on the impacts that the Obama Administration’s legal violations have on  their every day lives.

Regardless  of party, when Washington politicians fail to adhere to the Constitution and  the rule of law, state attorneys general become the last line of defense  against an overreaching federal government.

List of Violations

  • FCC:  Regulation of the Internet in the face of a court order from Circuit Court of  Appeals for Washington D.C. stating that the FCC does not have the power to  regulate the Internet
  • PPACA:  Individual Mandate; To be heard by Supreme Court of the United States in March
  • EPA  1: GHG lawsuit; EPA’s own Inspector General reported last September that EPA  failed to comply with its own data standards; Heard in Circuit Court of Appeals  for Washington D.C. in February
  • OSM:  Attempting to impose regulatory requirements on the 19 states with authority  for exclusive regulation of their coalmines for the first time in more than 30  years
  • NLRB:  Boeing; Engaged in unprecedented behavior as  described by former Chairmen under both Presidents Bush (43) and Clinton; behavior  is best exemplified in South Carolina where the Board tried to muzzle over 80  percent of state voters who supported a secret ballot amendment to the South  Carolina Constitution and attempted unsuccessfully to tell an employer in the  state where they can and cannot base manufacturing facilities
  • EPA:  Florida Water; EPA’s numeric nutrient criteria pre-empted Florida standards;  U.S. District Judge upheld the state’s site-specific alternative criteria for  streams and rivers
  • EPA:  Texas Air; TX filed lawsuit challenging Cross-State Air Pollution Rules; application  rule to TX was particularly dubious because state was included in the  regulation at the last minute and without an opportunity to respond to the  proposed regulation; regulation was based on a dubious claim that air pollution  from TX affected a single air-quality monitor in Granite City, Illinois more  than 500 miles and three states away from Texas
  • EPA:  Oklahoma Air; EPA illegally usurped Oklahoma’s authority in  the Clean Air Act to determine the state’s own plan for addressing sources  of emissions that affect visibility, by imposing a federal implementation plan;  Federal plan goes beyond the authority granted to the EPA in the Clean Air Act  and will result in $2 billion in cost to install technology needed to complete  the EPA plan, and a permanent increase of 15-20 percent in the cost of  electricity; Obama Administration is fighting Oklahoma’s appeal, which was  filed in the 10th Circuit Court of Appeals
  • HHS:  Religious Liberty; HHS mandated religious entities such as Catholic, Baptist  and Jewish schools and churches be required to provided medical services they  find unconscionable to their employees; President attempted to compromise with  an “accommodation” in name only that required insurance companies to  provide the services for free to the religious organization employees; Accommodation  made matters worse as many religious-base hospitals and schools are  self-insurers; Seven Attorneys General filed suit to protect religious liberty  and oppose the HHS mandate
  • DOJ:  South Carolina & Voting Rights Act: Rejecting voter ID statutes that are  similar to those already approved by the Supreme Court of the United States; DOJ ignored section 8 of the Voting Rights Act which  calls for protections against voter fraud, and used section 5 to  administratively block measures to protect the integrity of elections passed by  state legislatures in preclearance states including South Carolina; South  Carolina voter ID law merely requires a voter to show photo identification in  order to vote or to complete an affidavit at the pain of perjury if the voter  does not have a photo ID
  • DOJ:  Arizona & Voting Rights Act: Rejecting voter ID statutes that are similar  to those already approved by the Supreme Court of the United States
  • DOJ:  Arizona Immigration; In violation of 10th  Amendment, federal government to sue to prevent AZ from using reasonable  measures to discourage illegal immigration within Arizona’s borders; Affects  Arizona because state has a large percentage, compared to other states, of  illegal immigrants and need to be able to act to reduce the number
  • DOJ:  Alabama Immigration; The DOJ challenged Alabama’s immigration reform laws after  parts were “green lighted” by a federal judge; DOJ appealed the ruling; parts  of the AL case have been struck down in various federal courts; specific  provisions of the law include collection of the immigration status of public  school students, businesses must use E-Verify, prohibition of illegal  immigrants receiving public benefits; the provision requiring immigrants to  always carry alien registration cards; allowance of lawsuits by state citizens  who do not believe public officials are enforcing the law
  • DOJ:  South Carolina Immigration; DOJ challenged South  Carolina’s immigration reform laws that are very similar to the AZ which is  scheduled to appear before the United States Supreme Court; SC case will be  heard by the 4th Circuit soon there after as the 4th Circuit  granted SC motion to extend the filing time until after the US Supreme Court  issues an Opinion in AZ
  • Congressional:  “Recess” appointments to NLRB (three) and CFPB (one)
  • EEOC:  Hosanna Tabor (MI); Sought to reinstate a minister who was discharged for her  disagreement with the religious doctrine of the church
  • DOE:  Yucca Mountain; In 2009, Administration arbitrarily  broke federal law and derailed the most studied energy project in American  history when DOE announced intent to withdraw 8,000 page Yucca Mountain licensing  application with prejudice; SC and Washington State filed suit, as a result,  contesting the unconstitutional action; American people have paid more than $31  billion (including interest) through percentages of electric rate fees towards  the project and taxpayers have footed an addition $200 million in legal feeds  and over $2 billion in judgments against the DOE for breaking contracts  associated with Yucca Mountain
  • DOI:  Glendale Casino (AZ); Glendale is a violation  because the Federal Government is forcing a family-oriented town, Glendale, to  become another Las Vegas against its will.   Essentially, the Federal Government has granted ‘reservation status’ to  a 54-acre plot in the same town, where the Tohono O’odham Nation plans to build  a resort and casino.

4 thoughts on “Attorneys General Join Forces to Call Into Account Illegal Obama Administration Violations

  1. Pingback: For God and Liberty » Blog Archive » US Attorney Generals Blast Obama » For God and Liberty

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