2014: Schweikert Voted To Authorize The Senate Or The House To The Sue The Executive Branch For Failing To Executive The Law. In March 2014, Schweikert voted for legislation that would have, according to Congressional Quarterly, "authorize[d] Congress, upon House or Senate adoption of a resolution, to sue the executive branch for failure to execute existing laws. Under the measure, lawsuits would be first heard by a three-judge panel and could be appealed directly to the Supreme Court. As amended, the Government Accountability Office would [have] be[en] required to file quarterly reports on the costs of any lawsuits challenging executive inaction." The vote was on passage. The House passed the bill by a vote of 233 to 181. The Senate took no substantive action on the bill. [House Vote 124, 3/12/14; Congressional Quarterly, 3/12/14; Congressional Actions, H.R. 4138]
Republicans Believed That President Obama Was Not Enforcing The Affordable Care Act's Mandates And Decided To Not Enforce Immigration Law For So-Called "Dreamers." According to Congressional Quarterly, ' Ever since Republicans won control of the House in the 2010 elections, they have been able to use their House majority to prevent President Obama and Democrats from enacting into law a wide range of policies that Democrats favor and Republicans oppose. As a consequence, the president has taken actions to implement certain policies strictly through executive actions, without explicit authorization from Congress. For instance, on immigration, the administration in 2011 began a policy of 'prosecutorial discretion' under which the government established enforcement priorities that have focused efforts to deport illegal immigrants on those individuals who were dangerous or had committed crimes, and in 2012 the administration announced that certain individuals who entered the United States as children and meet certain other criteria (so called DREAM Act children) would be considered for relief from removal and could receive employment authorization. And in implementing the 2010 health care overhaul (PL 111-148, PL 111-152), the administration has delayed or modified numerous requirements under the law --- including through multiple delays and modifications of the 'employer mandate,' which requires that companies of a certain size provide affordable health care insurance to their employees, extending the deadline for individuals to purchase insurance under the 'individual mandate' and allowing individuals who had previously purchased insurance through the individual market to renew and retain those policies even though the policies don't comply with minimum benefit requirements set by the law." [Congressional Quarterly, 3/10/14]
Democrats Claimed That There Was No Evidence Of Presidential Overreach And Said That His Use Of Executive Authority Had Precedent. According to Congressional Quarterly, "Opponents, including most Democrats, argue that the bill is yet another assault on President Obama's accomplishments. Republicans cannot defund the health care law or overturn the Dodd-Frank financial services overhaul, so they are using the guise of executive overreach to attack them. There is no evidence that the president has failed to fulfill his constitutional duty or done anything wrong; Republicans, they say, are just promoting policy disagreements as constitutional crises. The president's use of executive authority is not novel, they say, and has been used often by prior presidents." [Congressional Quarterly, 3/10/14]
2014: Schweikert Voted To Require The DoJ to Inform Congress When A Policy Is Created That Means Non-Enforcement Of Federal Law. In March 2014, Schweikert voted for legislation that would have, according to Congressional Quarterly, "direct[ed] the Justice Department to inform Congress when and why any federal official establishes or implements a policy that results in a federal law not being enforced." The vote was on passage. The House passed the bill by a vote of 244 to 171. The Senate took no substantive action on the bill. [House Vote 129, 3/13/14; Congressional Quarterly, 3/13/14; Congressional Actions, H.R. 3973]
Republicans Believed That President Obama Was Not Enforcing The Affordable Care Act's Mandates And Decided To Not Enforce Immigration Law For So-Called "Dreamers." According to Congressional Quarterly, ' Ever since Republicans won control of the House in the 2010 elections, they have been able to use their House majority to prevent President Obama and Democrats from enacting into law a wide range of policies that Democrats favor and Republicans oppose. As a consequence, the president has taken actions to implement certain policies strictly through executive actions, without explicit authorization from Congress. For instance, on immigration, the administration in 2011 began a policy of 'prosecutorial discretion' under which the government established enforcement priorities that have focused efforts to deport illegal immigrants on those individuals who were dangerous or had committed crimes, and in 2012 the administration announced that certain individuals who entered the United States as children and meet certain other criteria (so called DREAM Act children) would be considered for relief from removal and could receive employment authorization. And in implementing the 2010 health care overhaul (PL 111-148, PL 111-152), the administration has delayed or modified numerous requirements under the law --- including through multiple delays and modifications of the 'employer mandate,' which requires that companies of a certain size provide affordable health care insurance to their employees, extending the deadline for individuals to purchase insurance under the 'individual mandate' and allowing individuals who had previously purchased insurance through the individual market to renew and retain those policies even though the policies don't comply with minimum benefit requirements set by the law." [Congressional Quarterly, 3/10/14]
Democrats Claimed That There Was No Evidence Of Presidential Overreach And Said That His Use Of Executive Authority Had Precedent. According to Congressional Quarterly, "Opponents, including most Democrats, argue that the bill is yet another assault on President Obama's accomplishments. Republicans cannot defund the health care law or overturn the Dodd-Frank financial services overhaul, so they are using the guise of executive overreach to attack them. There is no evidence that the president has failed to fulfill his constitutional duty or done anything wrong; Republicans, they say, are just promoting policy disagreements as constitutional crises. The president's use of executive authority is not novel, they say, and has been used often by prior presidents." [Congressional Quarterly, 3/10/14]