H.Con.Res. 45House113th Congress (2013-2015)In Committee

Expressing the sense of Congress that President Barack Obama has violated section 3 of article II of the Constitution by refusing to enforce the employer mandate provisions of the Patient Protection and Affordable Care Act.

Introduced July 10, 2013

Legislative Activity

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2 earlier actions
HouseCommittee Latest Action

Referred to the Subcommittee on Health.

July 12, 2013

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HouseIntro Referral

Introduced in House

July 10, 2013

HouseIntro Referral

Referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and the Workforce, the Judiciary, Natural Resources, House Administration, Rules, and Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned.

July 10, 2013

HouseCommittee

Referred to the Subcommittee on Health.

July 12, 2013

Floor Debate

24 members

What members said about H.Con.Res. 45 on the floor

13 Republicans11 Democrats
Sander M. Levin
Rep. Sander M. LevinD-MI-9 · Jul 17, 2013

I yield myself such time as I may consume. Well, here we go again. Another repeal vote, another political sideshow, and another blow to bipartisanship, which is so vital to addressing a whole host of…

Steve King
Rep. Steve KingR-IA-4 · Jul 17, 2013

Mr. Speaker, I thank the gentleman from Georgia for yielding and leading this. Mr. Speaker, I despise ObamaCare--just about everybody in America knows that. I think it should be ripped out by the…

Jim McDermott
Rep. Jim McDermottD-WA-7 · Jul 17, 2013

Mr. Speaker, I yield 2 minutes to the gentleman from New York (Mr. Rangel). (Mr. RANGEL asked and was given permission to revise and extend his remarks.) Madam Speaker, I yield myself 2 minutes. We…

Dave Camp
Rep. Dave CampR-MI-4 · Jul 17, 2013

Mr. Speaker, pursuant to House Resolution 300, I call up the bill (H.R. 2667) to delay the application of the employer health insurance mandate, and for other purposes, and ask for its immediate…

Henry A. Waxman
Rep. Henry A. WaxmanD-CA-33 · Jul 17, 2013

Mr. Speaker, the Affordable Care Act is the law of the land. The Republicans never liked it. They didn't want to support it, and they did everything they could to try to stop it. They thought the…

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Frank Pallone, Jr.
Rep. Frank Pallone, Jr.D-NJ-6 · Jul 17, 2013

Madam Speaker, I have to say that I am so sick and tired of the time that the House Republicans continue to waste on their anti- ObamaCare message--repeal, defund, obstruct. You pick the tactic. Our…

Mike Kelly
Rep. Mike KellyR-PA-3 · Jul 17, 2013

Mr. Speaker, what truly makes America unique is that everybody is treated fairly and equally under the law. That's what makes us so great. That's why people say, at least if I'm in America, I know…

Joseph Crowley
Rep. Joseph CrowleyD-NY-14 · Jul 17, 2013

Madam Speaker, I thank my friend for yielding me this time. Here we are once again, wasting our constituents' time by voting on the exact same action the administration has already taken. Apparently,…

Tom Price
Rep. Tom PriceR-GA-6 · Jul 17, 2013

Madam Speaker, I am pleased to yield 2 minutes to the chairman of the Energy and Commerce Committee, the gentleman from Michigan (Mr. Upton). Madam Speaker, I am now pleased to yield 1\1/2\ minutes…

Kevin Brady
Rep. Kevin BradyR-TX-8 · Jul 17, 2013

Mr. Speaker, I yield myself 2 minutes. Mr. Speaker, this is just about fairness. What families and workers in my district are asking is this: Isn't it unfair to grant businesses relief from this Big…

Paul D. Ryan
Rep. Paul D. RyanR-WI-1 · Jul 17, 2013

I thank the gentleman. Madam Speaker, here's what we're doing: The President himself is saying that this employer mandate isn't ready, it can't work, and therefore he's delaying it. Here's the point:…

Fred Upton
Rep. Fred UptonR-MI-6 · Jul 17, 2013

Madam Speaker, 2 weeks ago, as Americans were gathering with loved ones to celebrate our Nation's independence, a Treasury bureaucrat quietly posted a blog detailing a major policy shift in the…

John Conyers, Jr.
Rep. John Conyers, Jr.D-MI-13 · Jul 17, 2013

Mr. Speaker, I rise today in advance of the back-to-back votes brought to the floor by House Republicans to delay two key pieces of the Affordable Care Act: the individual responsibility and employer…

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Ron Kind
Rep. Ron KindD-WI-3 · Jul 17, 2013

Madam Speaker, I rise today again with disappointment at the fact that these two bills are nonsense and completely unnecessary. One is doing what the Obama administration has already said they would…

Charles B. Rangel
Rep. Charles B. RangelD-NY-13 · Jul 17, 2013

I've been here over four decades, and I have never seen legislation just completely be ignored. I'm thoroughly convinced that the Republican majority are not the least bit concerned about health…

Earl Blumenauer
Rep. Earl BlumenauerD-OR-3 · Jul 17, 2013

Madam Speaker, this is the latest chapter in a long- running process of deliberately trying to sabotage health care reform. The delay of the employer mandate for 5 percent of American businesses that…

Joseph R. Pitts
Rep. Joseph R. PittsR-PA-16 · Jul 17, 2013

Mr. Speaker, today I rise in support of delaying both the employer and individual mandates. According to a new Gallup poll, 4 in 10 uninsured Americans don't even realize that they'll be subject to…

Nydia M. Velázquez
Rep. Nydia M. VelázquezD-NY-7 · Jul 17, 2013

Madam Speaker, I thank the gentleman for yielding. I rise in opposition to this legislation. The American people are tired of political gimmicks and games. They want to see real efforts to create…

Tim Griffin
Rep. Tim GriffinR-AR-2 · Jul 17, 2013

Madam Speaker, the employer mandate provisions in the Affordable Care Act are already stifling job growth. We don't have to wait to see what's going to happen. In my district, I was approached by a…

John B. Larson
Rep. John B. LarsonD-CT-1 · Jul 17, 2013

I want to thank the gentleman from Michigan. Most importantly, I'm here today because I want to thank my colleagues on the other side of the aisle for their embrace of ObamaCare. After 38 attempts to…

Scott Garrett
Rep. Scott GarrettR-NJ-5 · Jul 17, 2013

Mr. Speaker, I thank the gentleman from Georgia. The President's unilateral refusal to implement ObamaCare's employer mandate for 1 year presents us with a question: Can the President suspend a law…

David G. Reichert
Rep. David G. ReichertR-WA-8 · Jul 17, 2013

Madam Speaker, 2 weeks ago, the administration announced a delay of a crucial piece of ObamaCare: the employer mandate. Why? Because they were petitioned by businesses from across this great Nation…

Marsha Blackburn
Rep. Marsha BlackburnR-TN-7 · Jul 17, 2013

Mr. Speaker, I thank the chairman for the recognition. I'm rising today to support the legislation that is in front of us. I have to tell you, my constituents are wanting to know: When did the…

Tim Walberg
Rep. Tim WalbergR-MI-7 · Jul 17, 2013

Mr. Speaker, I thank my colleague from Georgia. Mr. Speaker, this must come as a shock to the administration and Democrat Senate leadership who have recently described ObamaCare as ``wonderful for…

Bill Text

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Introduced in HouseIssued July 10, 2013

IV

113th CONGRESS

1st Session

H. CON. RES. 45

IN THE HOUSE OF REPRESENTATIVES

July 10, 2013

Mr. Garrett submitted the following concurrent resolution; which was referred to the Committee on Energy and Commerce, and in addition to the Committees on Ways and Means, Education and the Workforce, the Judiciary, Natural Resources, House Administration, Rules, and Appropriations, for a period to be subsequently determined by the Speaker, in each case for consideration of such provisions as fall within the jurisdiction of the committee concerned

CONCURRENT RESOLUTION

Expressing the sense of Congress that President Barack Obama has violated section 3 of article II of the Constitution by refusing to enforce the employer mandate provisions of the Patient Protection and Affordable Care Act.

Whereas section 1 of article I of the Constitution states that All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives;

Whereas section 3 of article II of the Constitution states that the President shall take Care that the Laws be faithfully executed, which imposes a duty upon the President to enforce the law, regardless of difficulty of enforcement or displeasure with the statute;

Whereas the Patient Protection and Affordable Care Act was signed into law by President Barack Obama on March 23, 2010;

Whereas such Act contains a provision commonly referred to as the employer mandate, which requires businesses that employ 50 or more full-time employees to provide health insurance to its employees upon threat of financial penalty;

Whereas section 1513(d) of such Act states that the employer mandate shall apply to months beginning after December 31, 2013;

Whereas the executive branch announced on July 2, 2013, that it would unilaterally delay the enforcement of the employer mandate until January 2015;

Whereas the principle of separation of powers is a constitutional safeguard of liberty as asserted by James Madison in Federalist No. 47 in which he stated, The accumulation of all powers, legislative, executive, and judiciary, in the same hands … may justly be pronounced the very definition of tyranny; and

Whereas the executive branch’s unilateral decision to delay the implementation of a law sets a dangerous precedent under which legislation that is enacted through the passage of that legislation by the democratically elected Members of Congress and the signing of that legislation into law by the President will no longer have the force of law and will instead be relegated to having the status of a mere recommendation, which the President may choose to ignore: Now, therefore, be it

That it is the sense of Congress that—

(1)

President Barack Obama has violated section 3 of article II of the Constitution by refusing to enforce the employer mandate provisions of the Patient Protection and Affordable Care Act;

(2)

the perpetuation of republican government depends upon the rule of law;

(3)

the executive branch, which has no constitutional authority to write or rewrite law at whim, has invaded upon the exclusive legislative power of Congress;

(4)

the Patient Protection and Affordable Care Act has proven to be unworkable; and

(5)

such Act should be repealed by Congress immediately.