By Senator Cornyn
Amicus Brief: ObamaCare is Unconstitutional
Last week I joined 35 of my Republican colleagues in submitting an amicus brief to the Supreme Court regarding the upcoming hearing on ObamaCare. In the brief, we argue that the individual mandate is unconstitutional and that, therefore, the entire law should be struck from the books. Requiring a private citizen to buy a product - insurance, in this case - or pay a fine is a gross abuse of federal power and has no place in the America the founders envisioned.
To read the full brief, click here.
DOJ Must Account for Recent Appointments
When President Obama appointed Richard Cordray to head the Consumer Financial Protection Bureau (CFPB) last week, he broke with 90 years of tradition and Constitutional interpretation. The Constitution clearly states that neither the House nor the Senate can adjourn for more than three days without the other chamber's approval. Because that agreement was not reached, both the House and the Senate hold regular, "pro forma" sessions to maintain compliance with the Constitution. President Obama has chosen to ignore this long-held interpretation of the Constitution by invoking the presidential power of making recess appointments - even though Congress is not formally adjourned.
I joined my Republican colleagues on the Senate Judiciary Committee in sending a letter to Attorney General Holder demanding a full accounting of what role the Department of Justice played in advising the President in this regard. As the Obama Administration continues to reinterpret the Constitution, the American people are owed, at a bare minimum, an explanation. To read the letter, click here.
In addition to my questions over the constitutionality of the President's actions, I have serious concerns about the CFPB, which was created by the 2010 Dodd-Frank Act. The bureau is yet another expansion of an already bloated government. It lacks transparency and is not subject to fiscal oversight by Congress - essentially giving unaccountable bureaucrats the power of the purse.