Executive Needs to Faithfully Observe and Respect Congressional Enactments of Law Act

Floor Speech

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Mr. Chairman, I rise in opposition to H.R. 4138, the ENFORCE Act.

The ENFORCE Act seeks to diminish the power of the executive branch by giving Congress the ability to act as an enforcement agency.

As the most do-nothingness House of Representatives in American history, this body doesn't need any extra responsibilities, especially that which would be unconstitutional. The seminal case of Marbury v. Madison not only establishes judicial power to review the constitutionality of laws and actions, but it affirms the fact that we have three separate, coequal branches of government. If there is an issue with the President's failing to execute the laws, the Supreme Court has the authority by way of writ of mandamus to compel the President to act.

Have my righteously indignant friends on the other side of the aisle sought to use that process to check the alleged abuse of authority by the President?

No, they have not.

Why haven't they sued to force this President to enforce laws that they contend he has refused to implement?

They haven't sued because they know that they would not present a truthful case. They know that they would lose the case. They know that this President has not exceeded his constitutional authority.

This legislation is simply a showcase for the false narrative that the Republicans continue to perpetuate upon the American people. That false narrative is that this President is not an American, that he is not one of us, and that the President is a Communist-Socialist, who is doing everything he can to turn this Nation into a Third World country. That is a false narrative. Our Forefathers, by way of the United States Constitution, have already put safeguards in place to ensure that the Executive faithfully executes the laws passed by the legislative branch.

The CHAIR. The time of the gentleman has expired.

Mr. CONYERS. I yield the gentleman an additional 1 minute.

Mr. JOHNSON of Georgia. Mr. Chairman, I offered an amendment to this patently absurd piece of legislation when it was considered by the Judiciary Committee. My amendment stressed the importance of protecting the delicate balance of power that the Constitution affords the legislative and executive branches.

The President has the right to choose how to set enforcement priorities with respect to immigration policy as well as the power to exercise discretion in the implementation of the Affordable Care Act.

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