Obama tramples welfare reform, rule of law
What is it about the rule of law that doesn’t agree with Barack Obama? When he thought the Supreme Court might throw out his namesake, signature health reform, he (falsely) lamented it “would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress.” But the president appears to have no compunctions about taking such a step himself.
Last month, it was a decision to partially stop applying immigration law. Yesterday, his administration neutered a key element of one of the signature moments from the Clinton administration: the 1996 welfare reform. As the Daily Caller’s Mickey Kaus puts it:
The guts of the 1996 welfare reform were a) welfare was ended as an “entitlement” (controlled by the feds) and transferred to the states, as a “block grant” subject to certain requirements; and b) one of those requirements was that a certain percentage of each state’s welfare caseload had to be working or preparing for work. A great deal of effort was put into defining what qualified as work, and making sure that work actually meant work and not the various BS activities (including BS training activities) the welfare bureaucracies often preferred to substitute for work.
Yet such training activities are exactly the kind of excuse the Obama administration is offering states that would like to waive the work-to-welfare portion of the welfare reform.
Whereas Chief Justice John Roberts went through legal contortions to keep Obamacare on the books, the administration is taking similar pains to remove this one. The Heritage Foundation’s Robert Rector, one of the key figures behind the welfare reform, explains that the administration can’t just waive the actual work-to-welfare requirement because the 1996 law (which includes the program in question known as TANF, or Temporary Assistance for Needy Families) does not allow that. Instead, the Department of Health and Human Services is cramming its rewrite of the law through an unrelated loophole known as Section 402 — the only section of the law subject to a waiver:
Section 402 describes state plans — reports that state governments must file to HHS describing the actions they will undertake to comply with the many requirements established in the other sections of the TANF law. The authority to waive section 402 provides the option to waive state reporting requirements only, not to overturn the core requirements of the TANF program contained in the other sections of the TANF law.
The new Obama dictate asserts that because the work requirements, established in section 407, are mentioned as an item that state governments must report about in section 402, all the work requirements can be waived. This removes the core of the TANF program; TANF becomes a blank slate that HHS bureaucrats and liberal state bureaucrats can rewrite at will.
Quite simply, this is illegal; Rector points to a clarification on this point from the Congressional Research Service back in 2001. We can only guess that, because all Obama’s promises apparently come with an expiration date, the president thinks others’ statements do, too.
Perhaps Obama was merely unaware that welfare reform passed by a much “strong[er] majority of a democratically elected Congress” than Obamacare did, and with much more bipartisan support to boot (including that of a senator at the time named Joe Biden).
Or perhaps Obama knows there would be scant support even among congressional Democrats for undoing the popular and effective welfare reforms — and sees no reason to trifle with the rule of law when it stands in the way of his aims.
– By Kyle Wingfield
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189 comments Add your comment
JDW
July 13th, 2012
4:11 pm
Well I can’t say I am up on the ins and outs of this. In fact the only place this seems to be big news is here. After lots of searching I did come up with this bit.
“George Sheldon, acting assistant secretary for the Administration for Children and Families, defends the changes to the law as giving states extra flexibility — flexibility that the administration says the states themselves have asked the federal government for.”
So it’s not front page news anywhere and it seems that first the states ask for something, The Adminstration gives it to them and Repugs go nuts…
Par for the course…YAWN
Fred ™
July 13th, 2012
4:12 pm
Hey md? Treasuries aren’t a loan. You lose.
You’re problem is that you don’t understand the lies you parrot.
http://www.youtube.com/watch?v=fLrpBLDWyCI&list=PL7B626D544F671E2C&index=3&feature=plpp_video
md
July 13th, 2012
4:13 pm
“And the Justice Department NEVER BEFORE under anyone other than President Obama made some issues a priority while slughing off others.”
Priorities??
“The President has also concluded that Section 3 of DOMA, as applied to legally married same-sex couples, fails to meet that standard and is therefore unconstitutional. Given that conclusion, the President has instructed the Department not to defend the statute in such cases. I fully concur with the President’s determination.”
Last I checked in the Constitution, it was up the the SC to decide what is and isn’t constitutional…..
Care to show us where that was changed??
md
July 13th, 2012
4:14 pm
“Hey md? Treasuries aren’t a loan. You lose.”
Excuse me? It’s our debt….they are buying our debt Fred. Last I checked, anyone owning my debt was giving me a loan………..
Fred ™
July 13th, 2012
4:15 pm
md
July 13th, 2012
4:09 pm
Well Fred….only trying to help. If you are an “S” and have only been taking dividends, you may want to have a visit with your accountant……….
++++++++++++++++++++++++
I don’t know. I NEVER make any money lol. I think he’s doing a great job.
John Daly
July 13th, 2012
4:16 pm
Fred, just another word for troll.
Just saying..
July 13th, 2012
4:16 pm
A Signing Statement wouldn’t work here?
Finn McCool (The System isn't Broken; It's Fixed)
July 13th, 2012
4:16 pm
Welfare is a bunch of white people sitting around collecting welfare while moaning and groaning about all the non-whites who are getting welfare.
Welfare includes tax breaks, subsidies, all that other stuff we white folks don’t like to discuss in the same breath as “welfare”.
Fred ™
July 13th, 2012
4:17 pm
md
July 13th, 2012
4:14 pm
“Hey md? Treasuries aren’t a loan. You lose.”
Excuse me? It’s our debt….they are buying our debt Fred. Last I checked, anyone owning my debt was giving me a loan………..
++++++++++++++++++++
Really? What’s the interest? Where is the mortgage? What are the payments? How do they enforce collection?
I’m all ears.
Jefferson
July 13th, 2012
4:18 pm
Tramples, oh my.
Fred ™
July 13th, 2012
4:18 pm
John Daly
July 13th, 2012
4:16 pm
Fred, just another word for troll.
+++++++++++++++++++++
Uh huh. Because you lack the knowledge to refutre anything I say I MUST be a troll.
Kill the messenger right?
Just keep living in talk radio and fox news induced fear. I’ll stick with freedom thank you very much.
Bless your tender little heart.
md
July 13th, 2012
4:19 pm
“I don’t know. I NEVER make any money lol. I think he’s doing a great job.”
If you are an S and there are dividends from profit, the law also states you best be paying yourself a salary…..if you aren’t, I’d find me another accountant unless you want to share a cell with that one.
Darwin
July 13th, 2012
4:22 pm
OK – so I go out and read the real story. It’s about federal rules from the 97 law that dictate “mind numbing details about how to run a welfare to work program.” Also, Most states and experts agree that these aren’t helpful,” says a statement just issued by George Sheldon, acting assistant secretary for the Administration for Children and Families.
“Many states report that their caseworkers are spending more time complying with federal documentation requirements than helping parents find jobs. We need state workers spending less time filling out data reports and more time helping parents find employment.”
What’s the real crime? Obama didn’t use the do nothing Republican led House of Representatives. He used his powers to act. Who honestly believes the Republicans would do anything that might give the President credit?
md
July 13th, 2012
4:22 pm
“Really? What’s the interest? Where is the mortgage? What are the payments? How do they enforce collection?
I’m all ears.”
http://en.wikipedia.org/wiki/United_States_Treasury_security
China owns part of that 16 Trillion big black hole……….
Fred ™
July 13th, 2012
4:23 pm
This is as fun as watching Jay trying to explain to all the far left wing nutcases that Romney left Bain in 99 and that so called “story” of him being there 3 (or is it 4) more years is a bunch of hooey and has no legs lol.
It’s funny on two levels. One is watching Jay defend Romney and the other is watching rock heads with an agenda and closed mind ramble on mindlessly like………. well here for example lol.
Hillbilly D
July 13th, 2012
4:23 pm
Maybe we now know why Obama went to Harvard……it wasn’t to study law, it was to figure out ways around the law.
My Grandpa used to tell me a story about a man that he knew as a young man (early 20th century). The guy was going away to school, which almost nobody did in those days. My Grandpa said he asked him what he was going to school for. The man replied, “I’m going to learn how to beat people legal”. (And man did he ever learn but that’s another story for another day)
Looks like, these days, that’s been raised to an art form. On the bright side, it doesn’t look like lawyers will be contributing to the unemployment numbers, anytime soon.
the red herring
July 13th, 2012
4:24 pm
i have to give it to newt –he was spot on when he called obama the food stamp president. they even are advertising them in spanish now so as to get more hispanic votes. not only is he the food stamp president he’s the disability president as well. a large part of those people coming off of unemployment are seeking to qualify for disability—- each person approved should have to appear
before a panel of physicians with documentation of their disability. if found to be fraud they should be charged and the physician(s) that assisted them in the fraud should be charged as well.
Fred ™
July 13th, 2012
4:25 pm
yeah md……. and?
More fear and quaking
Thulsa Doom
July 13th, 2012
4:26 pm
Just like when he subordinated bond holders interests in GM to those of union interests in violation of federal law this potus has demonstrated that he simply does not care about the rule of law. IOU
Tiberius - pulling the tail of the left AND right when needed
July 13th, 2012
4:26 pm
“i’m an independent.”
Yeah, Fred, and the Zapruder film proved that JFK shot first . . .
Thulsa Doom
July 13th, 2012
4:28 pm
Wholesale food costs rising. Just more negative news on the Obama economy. Nothing mews there.
md
July 13th, 2012
4:32 pm
“yeah md……. and?”
And what? You referring to the info you requested on China or the info I so graciously provided on s corps in case you are afoul of the law??
Streetracer
July 13th, 2012
4:33 pm
Tiberius (& others)
Just ignore people like Fred. Why go through the frustration of trying to teach a brick?
Hillbilly D
July 13th, 2012
4:34 pm
each person approved should have to appear before a panel of physicians with documentation of their disability.
Actually, most of them have to appear before a judge, as it is now.
Kyle Wingfield
July 13th, 2012
4:35 pm
Darwin @ 4:22: Imagine that! An HHS official defending an HHS policy!
They BOTH suck
July 13th, 2012
4:38 pm
Kyle @ 4:35
That is like posting a survey from a doctor’s group to prove a point about tort reform.
Joseph boyett
July 13th, 2012
4:41 pm
Sorry, Kyle. You are misinformed. Wavier will only be approved if they represent state experiments to more effectively meet the work-related goals of TANF. The memorandum says:
HHS is encouraging states to consider new, more effective ways to meet the goals of TANF, particularly helping parents successfully prepare for, find, and retain employment. Therefore, HHS is issuing this information memorandum to notify states of the Secretary’s willingness to exercise her waiver authority under section 1115 of the Social Security Act to allow states to test alternative and innovative strategies, policies, and procedures that are designed to improve employment outcomes for needy families.
States led the way on welfare reform in the 1990s — testing new approaches and learning what worked and what did not. The Secretary is interested in using her authority to approve waiver demonstrations to challenge states to engage in a new round of innovation that seeks to find more effective mechanisms for helping families succeed in employment. In providing for these demonstrations, HHS will hold states accountable by requiring both a federally-approved evaluation and interim performance targets that ensure an immediate focus on measurable outcomes. States must develop evaluation plans that are sufficient to evaluate the effect of the proposed approach in furthering a TANF purpose as well as interim targets the state commits to achieve. States that fail to meet interim outcome targets will be required to develop an improvement plan and can face termination of the waiver project.
The demonstration authority provided by section 1115 and sound evaluation of approved projects will provide valuable knowledge that will help lead to improvements in achieving the purposes of the TANF program.
The memorandum goes on to say:
While the TANF work participation requirements are contained in section 407, section 402(a)(1)(A)(iii) requires that the state plan “[e]nsure that parents and caretakers receiving assistance under the program engage in work activities in accordance with section 407.” Thus, HHS has authority to waive compliance with this 402 requirement and authorize a state to test approaches and methods other than those set forth in section 407, including definitions of work activities and engagement, specified limitations, verification procedures, and the calculation of participation rates. As described below, however, HHS will only consider approving waivers relating to the work participation requirements that make changes intended to lead to more effective means of meeting the work goals of TANF.
You should read the actual memorandum before commenting.
They BOTH suck
July 13th, 2012
4:41 pm
Yeah ignore Fred
Why would anyone from any side of the aisle want to take off the blinders? So much easier to feed at the ideological trough whether you are being fed truth or bs.
bhahahahahaha
bhahahahahahah
Tiberius - pulling the tail of the left AND right when needed
July 13th, 2012
4:42 pm
They BOTH suck, I will remind you (even if you wish to ignore reality once again), that the post also showed a Gallup poll at over 70% saying the EXACT SAME THING.
You lose, son, on every count.
Move on. Or admit you’re wrong again.
JDW
July 13th, 2012
4:45 pm
@Kyle…”Imagine that! An HHS official defending an HHS policy!”
Of course it couldn’t be Republicans going bonkers over a minor rules change requested by several states…could it…in an election year…nawwwwwwww
Cutty
July 13th, 2012
4:47 pm
Maybe if he held a signing statement, like Bush always did, Kyle’s batman undies wouldnt be in such a wad.
Fred ™
July 13th, 2012
4:52 pm
treetracer
July 13th, 2012
4:33 pm
Tiberius (& others)
Just ignore people like Fred. Why go through the frustration of trying to teach a brick?
++++++++++++++
You are right. You can’t teach me fear so I won’t be a cowering little fear mongering Republican.
Fred ™
July 13th, 2012
4:56 pm
md:I forget how old you are. Are you old enough to rmember all the fear mongering about the Japanese when THEY held a bunch of our treasuries?
So how did THAT turn out anyway?
Substitute Chinese for Japanese. Sorry, still not afraid.
Streetracer
July 13th, 2012
4:56 pm
Fred:
If you intend to address me, please spell my name right.
Fred ™
July 13th, 2012
5:00 pm
reetracer
July 13th, 2012
4:56 pm
Fred:
If you intend to address me, please spell my name right.
++++++++++++++++++++++++++++
Noted
md
July 13th, 2012
5:00 pm
Not too sure what you are talking about Fred……you asked for info on China…..I graciously provided it for you…..and now I’m supposedly fear mongering……..
Interesting world you live in…….
getalife
July 13th, 2012
5:01 pm
“Quite simply, this is illegal”
Wrong.
You should know by now it is not illegal when they do it.
Fred ™
July 13th, 2012
5:01 pm
And here is ANOTHER gaff by the Obama Administration………
http://www.thechicagodope.com/2010/11/11/cia-admits-drone-strike-killed-six-in-wisconsin-wedding-party/
Fred ™
July 13th, 2012
5:02 pm
You gave me no info on China md. You linked a wiki page on treasuries.
td
July 13th, 2012
5:03 pm
Fred ™
July 13th, 2012
3:47 pm
Have you ever been in a DFCS office? Have ever looked into the eyes of a generational Welfare client and seen total hopelessness? Until you have then you are the one blowing smoke my friend. Welfare reform was a hard fought battle between Clinton and Newt and has been one of the best reform programs in this country.
Without the consent of Congress, Obama has went back and turned a whole segment of the population into slaves of the state totally dependent on the government for their day to day lives.
If this is not the final straw of proving Obama is a socialist then I do not know what is. Everyone of you decent Democrats should be raising h3ll about this move.
albert
July 13th, 2012
5:03 pm
I don’t know what’s more tired and boring. BS columns like this or the empty ridiculous comments from the redneck confederates who post on this site….
Fred ™
July 13th, 2012
5:04 pm
Everyone of you decent Democrats should be raising h3ll about this move.
First, I’m not a Democrat sport, and secondly, I’m not buying your fear mongering right wing radio distortion of what happened.
Fred ™
July 13th, 2012
5:05 pm
albert
July 13th, 2012
5:03 pm
I don’t know what’s more tired and boring. BS columns like this or the empty ridiculous comments from the redneck confederates who post on this site….
+++++++++++++++++++
My vote is yankee trolls like you.
Kyle Wingfield
July 13th, 2012
5:06 pm
Joseph boyett @ 4:41: I did read the memo. I find it hard to believe there is a more effective way of “meeting the work goals of TANF” than … keeping the work goals of TANF in place.
Fred ™
July 13th, 2012
5:08 pm
Why don’t you come over and peel the tomatoes for the gazpacho md and we can argue this over some beers lol.
md
July 13th, 2012
5:12 pm
“You gave me no info on China md. You linked a wiki page on treasuries.”
Actually Fred, I provided 2 links….one on treasuries and one on China, but if you noticed, the wiki link also has info on China at the bottom…….
Lil' Barry Bailout (Unexpectedly Revised Downward--Again)
July 13th, 2012
5:14 pm
carlosgvv: Kyle, you will be hypocritical if it’s suggested here that Republicans won’t do the same thing.
———————
Did Our President George W. Bush do it?
Fred ™
July 13th, 2012
5:14 pm
I didn’t notice md. I don’t need to read wiki to know what a treasury is so I didn’t.
Lil' Barry Bailout (Unexpectedly Revised Downward--Again)
July 13th, 2012
5:15 pm
JDW: “George Sheldon, acting assistant secretary for the Administration for Children and Families, defends the changes to the law as giving states extra flexibility
———————-
I guess I missed the part of the Constitution that gives the administration the power to change the law.
Obozo: Totalitarian fascist.
The Fresh Prince of Bill Ayers
July 13th, 2012
5:18 pm
Finn McCool (The System isn’t Broken; It’s Fixed)
July 13th, 2012
4:16 pm
Welfare is a bunch of white people sitting around collecting welfare while moaning and groaning about all the non-whites who are getting welfare.
Finn McCool (The System isn’t Broken; It’s Fixed)
July 13th, 2012
4:16 pm
Welfare is a bunch of white people sitting around collecting welfare while moaning and groaning about all the non-whites who are getting welfare.
Finn McCool (The System isn’t Broken; It’s Fixed)
July 13th, 2012
4:16 pm
Welfare is a bunch of white people sitting around collecting welfare while moaning and groaning about all the non-whites who are getting welfare.
Corporate welfare is a bunch of white, asians and hispanics walking around black shufflers to and from the breakroom while the shufflers who hate working for “the man” lay down every chance they get and let the team down because they are entitled to more pay for their laziness.