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Please note that the following answer is very much in dispute. Much of it represents sincere and fervent beliefs but whether those beliefs are factually correct is actively debated.


Launching an illegal war in Libya.Article I, Section 8 gives Congress the power to declare war. Under the congressionally-enacted War Powers Act, President Obama had 60 days to get congressional approval after U.S. bombs started dropping in Tripoli, but he did not do so. U.S. Presidents have taken military actions without congressional approval 125 times. In fact, there have only been 5 wars in US history that were officially “declared” by congress (War of 1812, Mexican-American War, Spanish-American War, WWI, and WWII). So if this is an infraction of US law it is at least one that is commonly done.

Undermining the nation's armed forces. Article II, Section 2, names the president Commander in Chief. Some feel that he has violated this through ineffective leadership. Whether his actions have weakened the military and, if so, whether this would rise to the level of a crime is in dispute.

Violating religious freedom.Some feel that the order to force faith-based institutions to violate their beliefs and provide insurance covering abortifacients, contraceptives and sterilizations violates religious freedoms. The counter argument is that the organizations are acting as insurance providers, not practicing religion. The federal government does not have the authority to regulate religions; it does have the authority to regulate the insurance industry.

Appointing agency “czars” without Senate approval.Article II, Section 2, gives the president the power to appoint ambassadors, judges and top agency officials, but only with the “advice and consent" of the Senate. President Obama did attempt to use a controversial interpretation of a “recess rule” to appoint the some judges while congress was not in session. The courts struck down those appointments as unconstitutional. The counter argument is that minority members of the Senate are abusing their power by using the filibuster rule to prevent votes on judges who have the support of the majority. Of course, both sides have done this when in the minority.

Forcing Americans to buy health insurance.Article I, Section 8 gives Congress the power to regulate commerce and levy taxes. Some feel that the Affordable Healthcare Act, by forcing Americans to buy insurance, is not merely regulating commerce but unconstitutionally forcing Americans to participate. The alternative interpretation, which was upheld by the US Supreme Court, is that the “mandate” is a tax and so legal.

Refusing to enforce laws that he doesn’t like.Article II, Section 3 states that the president “shall take care that the Laws be faithfully executed.” Some feel that the President has failed to uphold the Defense of Marriage Act to a degree that represents a crime. A guiding principle of law enforcement is that the authorities have the power of discretion over when and how vigorously to enforce laws. The police are not obligated to ticket every person they see exceeding the speed limit. Some also cite the President’s striking down of some states voting laws as an illegal abuse of power. Others feel that he was protecting personal liberties by striking down unconstitutional restrictions on voting.


Stonewalling Fast and Furious. A law enforcement effort designed to help trace illegal gun trafficking ended tragically. Some hold that the answers given, or not given, to congress by Obama administration officials constitute contempt of congress. Others hold that congress is exceeding its authority and requesting information it has no authority to request, or that the information does not exist. It is common for people to be less forthcoming than congress would like during hearings.

Using the EPA to attack America’s energy industry. Some feel that when the EPA declared carbon dioxide to be a pollutant and began regulating it as such that it was an illegal “end run” around the will of Congress, which had declined to pass “cap and trade” bills. Others hold that since carbon dioxide is widely accepted to be a pollutant that the EPA is just exercising proper authority.

Allowing the FCC to grab the internet.The Telecommunications Act gives the Federal Communications Commission (FCC) authority over wire and broadcasting. Whether his includes broadband internet is controversial. Congress and a federal appeals court rejected the FCC's claims of authority, yet the FCC released "net neutrality" rules in December 2010.

Attacking a state for upholding federal law.The 10

th

Amendment says “The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Some feel that the President has violated this clause by interfering with state Immigration laws. How much of the regulation of immigration should fall to the state and how much is properly done by the Federal government is in dispute. Many claim that the 14th amendment places the regulation of citizenship, and therefore immigration, under the authority of the Federal government.



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11y ago
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9y ago

This is a very subjective question. Supporters of Obama would say that he has not broken any laws, while opponents would say that he has broken many laws.

The truth is probably somewhere in between. Except perhaps George Washington, every president has done things that their opponents thought was breaking the law or unconstitutional, like James Polk's provoking Mexico into war, Abraham Lincoln suspending habeas corpus, and Nixon's involvement in the Watergate coverup.

Even the Founding Fathers disagreed on things- Thomas Jefferson famously fiercely argued with Alexander Hamilton over the creation of the first national bank, which Jefferson thought was totally unconstitutional.

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9y ago

Yes and no. As a high school student, he has acknowledged using marijuana, which was (and still is in many places) illegal. But if you are asking about committing a major crime like burglary, there is no evidence he ever did. In fact, other than the mistakes of his youth, he has been a very law-abiding person.

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9y ago

He's not been indicted of any.

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Q: What laws has Obama broken so far as President?
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