IV 
113TH CONGRESS 
1ST SESSION 
H. CON. RES. 45 
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. 
IN THE HOUSE OF REPRESENTATIVES 
JULY 10, 2013 
Mr. GARRETT submitted the following concurrent resolution; which was re-
ferred 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 Appro-
priations, for a period to be subsequently determined by the Speaker, in 
each case for consideration of such provisions as fall within the jurisdic-
tion of the committee concerned 
CONCURRENT RESOLUTION 
Expressing the sense of Congress that President Barack 
Obama has violated section 3 of article II of the Con-
stitution 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’’; 
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•HCON 45 IH 
Whereas section 3 of article II of the Constitution states that 
the President ‘‘shall take Care that the Laws be faith-
fully 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 Decem-
ber 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 constitu-
tional safeguard of liberty as asserted by James Madison 
in Federalist No. 47 in which he stated, ‘‘The accumula-
tion 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 pas-
sage 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 
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•HCON 45 IH 
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 
Resolved by the House of Representatives (the Senate 
concurring), That it is the sense of Congress that— 
(1) President Barack Obama has violated sec-
tion 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 constitu-
tional authority to write or rewrite law at whim, has 
invaded upon the exclusive legislative power of Con-
gress; 
(4) the Patient Protection and Affordable Care 
Act has proven to be unworkable; and 
(5) such Act should be repealed by Congress 
immediately. 
Æ 
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