Obama’s Latest Power Grab… Rewriting Welfare Reform Law

obama-boarding-helicopter

One has to give the president credit. Normally when he
attempts to seize power that is beyond the scope of the executive
branch, he does it late on Friday with an eye toward diminished media
coverage.

His latest grab came on Thursday, albeit with little fanfare. A policy directive issued by his Department of Health and Human Services (HHS) announced changes to the Temporary Assistance for Needy Families (TANF) act, better known as “welfare reform.”

The fundamental concept underlying TANF, which won
bipartisan support under the Bill Clinton presidency, was its
requirement that able-bodied adults work, or at least prepare for work,
as a condition of receiving financial aid from the federal government.

How successful was the program? In 1996, the year it was signed into
law, more than 12 million families were on the welfare rolls, the
poverty rate was 11%, and the unemployment rate was 5.4%.

The following
year, the number of caseloads dropped to just over 10 million, the
poverty rate fell nearly a full point, and unemployment dropped to 4.9%.
By 2000, the number of families on welfare had fallen to below 5.8
million, the poverty rate was 8.7%, and the unemployment rate was at 4%.

The revision by the Obama White House seeks to override
the work requirement via the Secretary’s “waiver authority under section
1115 of the Social Security Act (42 U.S.C. 1315).”

Although it is true
that section 1115 allows HHS to “waive compliance” with specified parts
of various laws, it is does not grant a carte blanche.

Rather, all
provisions of the law that can be overridden under section 1115 must
appear within section 1115 itself. But the work requirement, which is
contained in section 407, does not, meaning that its provisions can’t be
waived. Apart from the legality of the move, several bigger
question arise.

First, why does the administration want to tinker with a
program that has a proven track record of success?

Second, how does
waiving the welfare-to-work requirement square with the president’s
demand that every American do his “fair share”?

Third, and perhaps most
compelling, how does Obama
explain his continued flouting of Congressional authority when one of
his biggest gripes as senator was President George W. Bush’s own power
grabs
?

 

Howard Portnoy – July 14, 2012 – Examiner

 

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