Apr 30, 2016
Tea Party Tribune
Tea Party Tribune
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Attorneys General Join Forces to Call Into Account Illegal Obama Administration Violations

obama-investigations

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

 

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
    1. 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.

We the People Demand a Full Scale Investigation into the Eligibility Requirements of President Obama to be President and to run again for a second term. 3,126 Letters and Emails Sent So Far

SIGN THE PETITION
http://www.petition2congress.com/6251/we-people-demand-full-scale-investigation-eligability-requirement/?src=widget

 

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72 Comments

  1. David Sturgeon

    Mar 5, 2012 at 4:42 pm

    Maybe we have hope of Getting the wrongs done by this administration over turned before its to late !!!!

  2. John E. Mudd

    Mar 5, 2012 at 5:24 pm

    Talk is cheap. When I see those attorney generals challenging Obama's actions in court, I will believe it.

  3. Ken Crow

    Mar 5, 2012 at 6:19 pm

    Outstanding article and very well done. Thank you for a very informative and enlightening piece. You guys are my hero's. Keep up the great work, working on the front lines for freedom.

  4. Todd

    Mar 5, 2012 at 6:39 pm

    If Medicare and Social Security are not unconstitutional, then why is the Patient Protection and Affordable Care Act unconstitutional? Are you sure this is not just one more example of the obstructionist politics that are destroying this country? Obama won the election fair and square, and yes, elections do make a difference. Instead of trying to always fight and destroy our president, it would be nice to see republicans try to find some common ground and try to solve the very real problems the country faces. I worry the republican party will soon become irrelevant because of its winner take all tactics and its refusal to accept that Obama won the election. If republicans don't like his policies, there is a solution–put up a better candidate who can beat him. That's the way a successful democracy works, not by filing lawsuits against the candidate who won.

  5. Ed Chapman

    Mar 5, 2012 at 9:34 pm

    Morons……get a life! Better yet, see a proctologist.

  6. Kini

    Mar 6, 2012 at 10:10 pm

    Todd,
    Unlike Medicare and Social Security which is a tax, the individual mandate forces the individual to purchase an insurance product. By government or otherwise, that is unconstitutional. Because in that mandate includes a blanket coverage of morally objectionable policies, such as contraception. It also leaves the door open to other mandated coverage’s such as gender reassignment, forced abortions and sterilizations. And who knows, government assisted suicide! All of which violates the establishment clause in the First Amendment.

    But like Medicare and Social Security, once the state takes over one-sixth of the economy with the Patient Protection and Affordable Care Act, and its eventual ballooning into a spiraling money pit of entitlements, we can expect to be just like Greece in the very near future. Keep in mind that Medicare and Social Security already consumes two-thirds of the economy in entitlements.

  7. Ken Crow

    Mar 7, 2012 at 8:07 am

    Kini and all concerned: I am smiling now. I cannot believe my buddy Todd from the Left Coast actually had the courage to come into this boiling Tea Pot. Just so you all know, Todd is actually an Attorney from the left side of America and that is in more ways than one. Welcome Todd, and you had better pull up your suspenders if you plan on coming into the group and spewing Pelosi. These guys and gals are tough as nails and they will give it back to you in spades. Good luck my friend when you debate this crowd. Be nice to Todd though, he is a nice guy, just a bit left of center and his opinions are usually well thought out and well stated. Should be fun reading all this.

  8. EGA

    Mar 8, 2012 at 1:37 am

    Kini, I don't think you understand what the Establishment Clause is…In Lemon v. Kurtzman, 403 U.S. 602 (1970), the Court provided a three-part test for Establishment Clause analysis. Although for some time it was questionable whether the Lemon Test would continue to be applied in such cases (see e.g. Board of Education of Kiryas Joel Village v. Grumet, 512 U.S. 687 (1994)) the Court, in 2000, stated that “we assess [Establishment Clause cases] by reference to the three factors first articulated in Lemon v. Kurtzman…which guides the general nature of our inquiry in this area.” Santa Fe Independent School District v. Jane Doe, 530 U.S. 290, 314.

    The three-part Lemon Test asks:

    (1) Does the law have a secular purpose? If not, it violates the Establishment Clause.

    (2) Is the primary effect either to advance religion or to inhibit religion? If so, it violates the Establishment Clause.

    (3) Does the law foster an excessive governmental entanglement with religion? If so, it violates the Establishment Clause.

    Note here that these are not factors which are employed in some balancing test, but rather, these are all requirements which must be met for a law to pass review. There must be a secular purpose, the primary effect must not be the aid or inhibition of religion, and there must be no excessive entanglement. If any of these three requirements are not met, the law violates the Establishment Clause. See e.g. Windmar v. Vincent, 454 U.S. 263, 272 (1981).See e.g. Windmar v. Vincent, 454 U.S. 263, 272 (1981).

  9. rachelc

    Mar 11, 2012 at 3:36 am

    It's about time!

  10. david paine

    Mar 18, 2012 at 2:58 pm

    Thank-you attorney generals. Our CONSTITUTION makes the USA special. Please keep the pressure on to make sure it is adhered to.

  11. madhatter15

    Mar 18, 2012 at 10:30 pm

    On word press blog yesterday the African press management wrote in and said they had Obamas real Birth Certificate and they would sen it in otmorrow( today) he did that, and here is what he said this morning, and what he said that Obama was born in Africa. http://africanpress.me/2012/03/09/president-obama

  12. Concerned 4all

    Mar 30, 2012 at 12:22 pm

    Goofballs. this has no real effect on anything other then someones pride or accommodation to themselves. Glendale complaining on a tribe getting the ok to build aresort on land that was taken from them in the first place.

    The EPA wanting States to clean up their acts to preserve the quality of air we breath ? Health care for millions that can not afford it now, but will have coverage that is cheaper, more protections to be able to choose who, when, and what. No more Preexisting conditions to deny health care for people who really need it. Big HMO corporations are going to loose what ?

    Making coal mines safer for the workers ?

    The Oklahoma 10th circuit court of appeals, enough said here, you loose. GOP Greed and the protection of it is what this comes down to. People have seen the writing on the wall for years, it's time to grow up and except responsibility for the last 12 years of GOP failures and corruption. Vote Obama 2012 and restore America.

  13. David in London

    Apr 6, 2012 at 7:54 pm

    Since the internet people can learn what their rulers are doing and maybe it will signify the end of these attempts to remove democracy from the face of the earth. The UN, not the US, is running the country, Obama is just doing what they tell him although they hold no legal authority and are totally unelected. Did any of you vote for your UN representatives? Most voters haven't a clue what the agendas are and simply go with their peer groups and personal prejudices, and wouldn't even realise most of the new legislation made after the event. Until that can change you'll get more of the same but it is now clearly being fought against.

  14. Scruffy

    Apr 9, 2012 at 2:59 pm

    None of this would be an issue if they would repeal the 17th Amendment. States have no representation in Congress since the 17th amendment was passed.

  15. major

    Apr 9, 2012 at 9:49 pm

    Its going to desperate extremes now and most people are clueless. I dont undertsand how the control of the media can be so complete. Even talk radio is being intimidated because they refuse to report on eligibility and many other Obama issues. There has to be a trail connecting these events with those who are actually pulling the strings. How come the Breitbart investigation has been suddenly shut down; where are the autopsy results; where are the video tapes? This has become very sinister. People have been fooled by Obamas Mr Rogers fascade. He is anything but; he is a monster, they will find out too late.

  16. Sharon

    Apr 13, 2012 at 8:22 am

    I never voted for him to begin with………………..hope he is found guilty and justice is served

  17. Francine Romesburg

    Apr 14, 2012 at 2:37 am

    this article was great. I take offense to the very last item listed against the Federal Gov't as it is an untrue statement and do not know where this came from. I would have signed this petition had it not been for the very last item listing Glendale, the TO Nation Casino. The land in question was legally purchased. It is / and was unincorporated land and NOT in the city of Glendale. City of Glendale, Peoria and one other small city border this 134 acre parcel of land which the Tohono O'odham Nation purchased and has won all its lawsuits so far against the city of Glendale including now owning all of the 134 acres of land. Glendale lost and has admitted all the land is the property of the TO Nation. The Federal Government awarded all of it to be Reservation in order to build a proposed Casino, Resort, retail shopping, restaurants, and atrium, not a Las Vegas style casino. TO Nation revised the Reservation request to 54 acres due to a fight from City of Glendale in which the City lost its fight. The, hopefully, last fight which TO will / should win this one as well and be allowed to finally build this Resort/Casino which will house its own Police, Fire, and Medical facility, plus provide for approx 6000 construction jobs to be had by City of Glendale people; also have approx 3000 permanent jobs which will include city of Glendale residents and one last major items, the majority of Glendale are in favor of this Resort/Casino and the huge positive economic impact it will have on the surrounding cities, retail shopping including the failed Westgate Center which went into bankruptcy. The only ones that were totally challenging and against the Casino portion of this building project is the Mayor of Glendale, and 3 of the 5 Council Members, NOT the majority of the City residents. Polls show about 70-80% in favor of the Casino. Wanted to make this perfectly clear that this particular item should to have been listed at all. It probably is because the State of Arizona enlisted AG Tom Horne to go after TO Nation, even though the State of Arizona assisted the Navajo Nation in their Casino project up in Flagstaff on almost 400 acres that were given / granted permission by the Federal Gov't to be turned into Reservation land in order to build a Casino. TO Nation per Prop 202 and under Arizona Gaming Laws, is still allotted 4 Casinos of which they have 3, one of which is extremely small, so they are entitled to a 4th Casino. The other entity against the TO Nation Casino is the Gila River Indian Nation who is planning a Multimillion dollar expansion of one of their existing Casinos about 1/2 hr-45 min drive away from the proposed TO Nation Resort/Casino, which is heavily advertised on electronic billboards over at the Westgate Center and they don't want the competion which GRIC has admitted this is a major contention with them, what they claim to be a major loss of revenue. Just wanted to clarify this particular issue.

  18. marie hovestadt

    Apr 15, 2012 at 6:22 pm

    Yes this need to be checked also hope they don’t change our founding fathers constution which is our countrys stands for and my father faught for.and I don’t think a things should be add either to keep our country free.I do pray to god he not elected another four year my opion.but do hope that it stay the same as are founding fathers had it that is for sure.

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  23. duidaily

    Oct 24, 2015 at 4:27 am

    Medicare and Social Security, once the state takes over one-sixth of the economy with the Patient Protection and Affordable Care Act, and its eventual ballooning into a spiraling money pit of entitlements, we can expect to be just like Greece in the very near future. Keep in mind that Medicare and Social Security already consumes two-thirds of the economy in entitlements.

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