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
How Inciteful Is That!
July 13th, 2012
6:11 pm
In case one isn’t aware, funding is a sole function of Congress…….as is writing and changing legislation.
Does Congress have the freedom to decide which laws, legally requiring funding, to fund. Please, make us aware of the law.
albert
July 13th, 2012
6:13 pm
“My vote is yankee trolls like you”
You don’t know why I am, but it’s very clear that you are one of the confederate rednecks that I mentioned.
The Fresh Prince of Bill Ayers
July 13th, 2012
6:13 pm
They Both, here”s another link.
http://moraloutrage.wordpress.com/2011/11/01/facts-about-libya-under-gaddafi-that-you-probably-did-not-know/
Bury your head in the sand gerbil lover. Obama ruined this for these people.
getalife
July 13th, 2012
6:16 pm
“Dem Governor: McCain Saw Romney’s Tax Files – And Chose Palin”
Sheets!
They BOTH suck
July 13th, 2012
6:18 pm
Ok David Icke fan club President
Hillbilly D
July 13th, 2012
6:22 pm
You don’t know why I am, but it’s very clear that you are one of the confederate rednecks that I mentioned.
Well at least you aren’t bigoted, I guess.
md
July 13th, 2012
6:30 pm
“Does Congress have the freedom to decide which laws, legally requiring funding, to fund. Please, make us aware of the law.”
Congress controls the purse……..and since they write the laws, one would think they have the tools to change them.
No matter what, the President doesn’t have either authority.
Nordlaw
July 13th, 2012
6:32 pm
Why are you guys wasting time replying to Freds post! He playing you guys. Stop replying to Fred’s Post. I G N O R E F R E D!
I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...
July 13th, 2012
6:33 pm
obozo belongs in a cage.
I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...
July 13th, 2012
6:34 pm
We don’t have a president, you stand corrected.
How Inciteful Is That!
July 13th, 2012
6:35 pm
Congress controls the purse……..and since they write the laws, one would think they have the tools to change them.
One can think many things but that hardly makes it law now does it. And of course Congress is free to rewrite the law such that it is no longer funded and see if the President will sign it into law but that is not what you suggested in your earlier post, now is it.
Kamchak ~ Thug from the Steppes
July 13th, 2012
6:35 pm
Hillbilly D
Are you familiar with the practice of “hilling” corn?
td
July 13th, 2012
6:35 pm
I can not believe that there are actual people (even behind an anonymous screen name) willing to condone turning our citizens back into slaves of the state. Childhood poverty rates decreased more then anytime in history since the welfare reform bill of 1996 and now there are people actually wanting people to go back into poverty.
On a good note this will reduce the amount of abortions in the country now because all these women will know if I pop out another baby then I will get a raise for 18 years.
I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...
July 13th, 2012
6:40 pm
Obama’s given his opponents a huge opportunity to raise the “welfare” issue, to associate him with the unpopular idea of subsidizing women who have children they can’t support, usually out of wedlock–even giving them free community college training that hard-working people who don’t go on welfare can’t get! The GOPs don’t even have to move their heads into the 21st century by calling Obama the “food stamp President.” They can dust off their attacks on the old, hated AFDC program–the welfare part of the welfare state.
obozo brought back the welfare queen.
How Inciteful Is That!
July 13th, 2012
6:41 pm
The highlights of the latest survey, for the year 2010, show that 15.75 million children lived in poverty and that more than 1.1 million children had been added to the total between 2009 and 2010.
Where do you get your data, td.
How Inciteful Is That!
July 13th, 2012
6:44 pm
The goals of the TANF program, as stated by the U.S. Department of Health and Human
Services, are:
1. Assisting needy families so that children can be cared for in their own homes.
2. Reducing the dependency of needy parents by promoting job preparation, work and
marriage.
3. Preventing out-of-wedlock pregnancies.
4. Encouraging the formation and maintenance of two -parent families.
If only Kyle would present data showing us how well the 1996 reform has worked with regard to its goals using some appropriate metrics.
Hillbilly D
July 13th, 2012
6:48 pm
Kamchak
Yes I am. Got a question?
md
July 13th, 2012
6:48 pm
“And of course Congress is free to rewrite the law such that it is no longer funded and see if the President will sign it into law but that is not what you suggested in your earlier post, now is it.”
Why don’t you refresh my memory of what you think I posted and we’ll start again…..
Hillbilly D
July 13th, 2012
6:54 pm
Enter your comments here
Hillbilly D
July 13th, 2012
6:55 pm
My 6:54 is probably my most coherent post of the day.
Kamchak ~ Thug from the Steppes
July 13th, 2012
6:58 pm
Hillbilly D
I planted kandy corn this year and last, and I’m having trouble with it blowing over. It seems that the sweeter varieties are susceptible to what is known as lodging, or falling down. Does this practice work ( I realize this is a procedure for next year), and can I mound dirt around the stalks that I’ve already planted this year that are falling over?
I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...
July 13th, 2012
7:04 pm
Kamchak- Mound dirt around them, water well.
Hillbilly D
July 13th, 2012
7:05 pm
Kamchak
Yes, in my opinion, corn always needs to be hilled. I’d usually try to do it by the time the stalks get a foot tall or a little before. If you wait too long, the corn roots will have run out into the middles and you’ll be digging up roots, trying to hill. If you have a tractor, you can just go down each side of the row and throw the dirt up (be careful, though, it’s awful easy to knock the stalks down). If you don’t have a tractor, a hoe works just fine. Don’t know if you’ve ever noticed but a full grown stalk usually has roots from the bottom of the stalk, right on top of the ground, so it needs all the help it can get.
Don’t know if it will help stalks that you have this year but if I were you, since you already have some blowing over, I’d view as having nothing to lose by trying it. Just be careful and don’t dig up the roots.
If you’ve ever hilled potatoes, it’s basically the same principle.
Kamchak ~ Thug from the Steppes
July 13th, 2012
7:06 pm
I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin… — thank you.
Kamchak ~ Thug from the Steppes
July 13th, 2012
7:14 pm
Hillbilly D
No, I’ve never hilled potatoes. From what I’ve read online you start by planting in a trench, and add dirt as they grow getting level with the garden. And yeah I figured about that nothing to lose, it’s just that being new to this I hate losing even one plant.
Hillbilly D
July 13th, 2012
7:19 pm
Kamchak
I usually don’t like to plant most things in deep furrows. If you get a heavy rain at the wrong time, it can drown your seeds before they come up, or in the case of potatoes, cause the eyes to rot. This stuff is live and learn. And you’ll eventually get a fatalistic view of losing some stuff. You’re at the mercy of a lot things that you can’t control, the weather being the main one. It’s been so dry, most of my corn is firing off without even putting ears on.
You may have already done it but I’d pick the brains of the local old-timers. They’ll know what works in your area better than anybody. The ideal situation is if you can get 2 or 3 of them talking. Just stand back and listen.
I been doing this stuff since I was a kid (my forced labor days
) and I still learn stuff all the time.
Kamchak ~ Thug from the Steppes
July 13th, 2012
7:36 pm
Hillbilly D
According to my seed and feed guy, I’m to side dress the corn twice — first when it’s ankle high, then again when it’s chest high. I’m now due for the second dressing and I’m wondering what I can do to save my corn. I’ve also read some accounts where people say just leave it alone and it’ll straighten out on it’s own and some of the least damaged has done just that.
Up here we’ve been blessed with an abundance of rain following those record heat days, and it’s too muddy to even get in the gardens. I’ve got beans that really need picking right now.
How Inciteful Is That!
July 13th, 2012
7:38 pm
Why don’t you refresh my memory of what you think I posted and we’ll start again…..
Do you have difficulty backing up to your original reply to one of my earlier posts?
Hillbilly D
July 13th, 2012
7:43 pm
Kamchak
I try to side dress more than that but the land I’m on has been farmed off and on, for probably 100 years, so you probably have better soil. Corn is what they call a heavy feeder. The problem with side dressing is if it turns off dry, then it can do more harm than good but sounds like your soil is good and moist, so probably not a problem.
We went about 3 weeks without rain (although it rained all around me) but have gotten good rains the last 2-3 days. So my garden is hurting bad but I’m hoping it’ll bounce back, somewhat.
You get more rain in your neck of the woods than we do down here, although we get quite a bit more than the Atlanta area.
It’s a lot of work but it sure do taste good at the supper table, not like that stuff in the store.
md
July 13th, 2012
7:43 pm
“Do you have difficulty backing up to your original reply to one of my earlier posts?”
Not at all, but what you think I mean and what I mean may be two entirely different things…..so clarify for me what you think I’m referring to.
Kamchak ~ Thug from the Steppes
July 13th, 2012
7:57 pm
Hillbilly D
Thanks a lot.
Have a good evening.
I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...
July 13th, 2012
8:03 pm
Another late one at the Urinal?
ODD OWL
July 13th, 2012
10:32 pm
Mittens Romney and the Repuklicans are attempting to “swiftboat” President Obama… They scape goat and blame him for what Bush/Cheney screwed up… Repuklicans are cronic projectors… The Romney Repuklicans and their rich, elite Koch Bros. type benefactors who fund them, see nothing wrong with feeding from the public trough and welfare for the rich… But God forbid that a dollar from the Government goes to poor, needy Americans who deserve to be helped until they can get back on their feet… Shame on the Romney Repuklicans…
Lil' Barry Bailout (Unexpectedly Revised Downward - Again)
July 14th, 2012
6:18 am
ODD OWL: Repuklicans…scape goat and blame [Obozo] for what Bush/Cheney screwed up
———
Our President Bush and Our Vice President Cheney didn’t rewrite welfare reform laws. They didn’t rewrite immigration laws. They never once proposed or ran a trillion-dollar deficit. They didn’t impoverish record numbers of Americans to the tune of 47 million on food stamps. They didn’t add 5 trillion to the national debt, though they served twice as long as Obozo. They didn’t pass an economy-wrecking fascist government takeover of health care. They didn’t create a panel of bureaucrats to determine which Medicare recipients would live and which would die.
Cronic projector? Still you.
Lil' Barry Bailout (Unexpectedly Revised Downward - Again)
July 14th, 2012
6:28 am
How Inciteful Is That!: Does Congress have the freedom to decide which laws, legally requiring funding, to fund. Please, make us aware of the law.
———
Yes. The law in question is called the “U.S. Constitution” which gives the power of the purse to Congress. You may have heard of it, unless perhaps you went to public schools.
Lil' Barry Bailout (Unexpectedly Revised Downward - Again)
July 14th, 2012
6:35 am
What’s wrong with expecting welfare recipients to work in exchange for the money they are taking from people who earned it?
I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...
July 15th, 2012
2:00 pm
test-
“As the failures of his presidency become more evident, Barack Obama has resorted to the tactics of a typical politician: said Amanda Hennenberg, a Romney campaign spokeswoman.
Well, what else could obozo talk about, the Stimulus?
hahahahahahahaaahaha
I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...
July 15th, 2012
2:01 pm
test-
dishonest and totally unsubstantiated attacks meant to distract from his ,”
I Report (-: You Whine )-: mmm, mmmm, mmmmm! Just sayin...
July 15th, 2012
2:01 pm
test-
“As the failures of his presidency become more evident, Barack Obama has resorted to the tactics of a typical politician: dishonest and totally unsubstantiated attacks meant to distract from his own record by sm-ear-ing the rep-uta-tion of his opponent,” said Amanda Hennenberg, a Romney campaign spokeswoman.
Well, what else could obozo talk about, the Stimulus?
hahahahahahahaaahaha