Dr. Paul Gosar Calls President’s Abortion Deal Unconstitutional

Paul Gosar for Congress

For Immediate Release: Monday, March 22, 2010

President Should Veto Federal Abortion Funding

FLAGSTAFF – Today, Dr. Paul Gosar called out President Obama for the unconstitutional Executive Order he used as a bargaining tool to persuade Democrats to vote for his national health care legislation.

“It is a disgrace when the President of the United States resorts to unconstitutional acts in order to pass legislation,” said Dr. Paul Gosar. “When his executive order is declared unconstitutional all Members of Congress who voted for nationalized health care, including Ann Kirpatrick, will have voted for federal funding of abortions. I am vehemently opposed to this legislation and the federal funding of abortions.”

Questions have started to surface whether the President can, by executive order, stop a lawfully authorized expenditure program enacted by Congress by an Executive Order. The most constitutional method for a President to strike a piece of legislation is by veto.

“President Obama should simply veto this provision if he truly does not want federal money to be used for abortions,” stated Dr. Paul Gosar.


Executive Orders are temporary. The President can sign it today, and revoke it tomorrow. Indeed, upon taking office, President Obama revoked several executive orders signed by President Bush.

More importantly, Presidential Executive Orders have traditionally been used only in time of national emergency, such as President Lincoln’s executive orders shutting down certain newspapers and suspending the right of habeus corpus for prisoners. President Roosevelt used an Executive Order to intern over 100,000 Japanese Americans after Pearl Harbor. Assuming Presidents Lincoln and Roosevelt acted constitutionally (many question whether they did) where is the national emergency here? This is a simple domestic policy issue. There is no war from a foreign country and there is no civil war and there is no emergency. In this circumstance, Article I, Section 1 of the United States Constitution is concise: “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.”

So the question remains: Did Congressman Stupak and the other pro-live Democrats get duped? To be constitutional, Presidential Executive Orders have to be enacted pursuant to a provision of the Constitution or pursuant to a Congressional delegation of power, that is, from Congress to the President. Here, Obama’s Executive Order purports to contravene Congressional intent, not further it. Again, the method to stop legislation is by veto, not Executive Order.

The U.S. Supreme Court overruled President Truman’s use of the Executive Order (EO# 10340) in Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952), whereby President Truman nationalized all the country’s steel mills because that order “made law” as opposed to acting pursuant to law. Here, if Congress authorizes federally paid abortions, how can an Executive Order constitutionally countermand that law? And if it can, why have Congress at all?


  1. villanueva says

    Gosar nailed it. Gosar is showing the type of straight talk we need. Its time we send real conservatives to DC like Gosar. Take back the country.

  2. Veritas Vincit says

    Actually … in picking through the flowering field of candidates in this district, Dr Paul is a pretty solid choice.

  3. Veritas Vincit says

    Actually … in picking through the flowering field of candidates in this district, Dr Paul is a pretty solid choice close behind Rusty Bowers.

  4. Stephen Kohut says

    Of the three CD1 candidates only Beauchamp has made a consistent effort to work the TP’s and GOP clubs in Pinal County. Bowers was scheduled at our TP in January and cancelled at the last moment. Not a good choice given the number of GOP PC’s in our group. I have not see or heard of being in Pinal County since he no showed. We have Gosar to vet at our TP meeting next week.

    My comment to all the candidates is if you are not willing to work the district during the primary to get vetted and win our support why would anyone think you would make yourself accessible to your constituents should you win the general election. If you won’t do it to get elected you certainly won’t after you win the prize.

  5. Gosar Changing Laws says

    Gosar has now defied the Supreme Court and enacted a line-item veto for Barack Obama.

    What a tool.

    Tell him to go back to pulling teeth. Please.

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