Federal laws are inscribed in the Constitution and the Congress has the power to enact statutes. In order to change federal agency policy, therefore, congressional approval is required in what forms a system of checks and balances to safeguard against manipulation from one body or organ of the government. At times, however, the president can use certain powers at his/her disposal to alter federal policy without passing through the congress. This essay seeks to discuss the means President Obama used to extend equal visitation rights to same-sex partners similar to family members without congressional buy-in.
President Obama ordered hospitals and other medical institutions to allow partners of gays and lesbians visit their ailing members and make critical decisions just like normal family members would have. The president issued a directive to the Department of Health to forbid any form of discrimination in hospital visits by issuing a presidential memo. Hospitals initially used to bar visitations to critically-ill and incapable patients by visitors who were not related by blood or marriage and gays’ rights were not respected in such scenarios.
Delegate your assignment to our experts and they will do the rest.
The president issued a form of executive action also known as the presidential memorandum using it to take unilateral action and j ust like executive orders, presidential memoranda do not require congressional action and have the same force of law which is as far-reaching (Korte, 2014). President Obama will go down in history as the president to have issued the most number of memoranda to make high-level executive actions. For instance, he used memorandum to make policy on gun control, labor regulations and immigration among others (Korte, 2014). This policy of extension of visitation rights to gay couples is, therefore, one of the most significant actions taken by him by use of a memorandum and without congressional buy-in.
| Factors | Conservative view | Liberal view |
| Love | Conservatives believe that children need more than just love when growing up. They believe that the ideal family set-up comprises of a father and a mother. | Liberals hold the view that children just need love in a home when growing up. Same-sex couples are capable of providing this to their children. |
| Needs of children | Conservatives argue that a same-sex couple may not fully meet the needs of the children. There are distinctive qualities natural to the male and female parent that the child might not get. | Liberals claim that there is no evidence of a negative impact on children who grew up in same-sex homes. |
| Sexual confusion | Children who grow up in gay homes tend to get confused sexually as to how to relate to the other genders. They also tend to experiment more putting their lives at risk. | Liberals believe that prohibiting gay marriages is discriminatory since children will be allowed to choose their sexuality. |
Conclusion
The congress is tasked with enacting federal policy but presidential memorandums can be as equally effective. President Obama used such memorandums to make high-level executive decisions such as allowing visitation rights to gay couples. This technique ensured that congressional buy-in was not required therefore making it easier to alter federal agency policies.
Reference
Korte, G. (2014). Obama issues 'executive orders by another name' . USA TODAY . Retrieved 29 July 2017, from https://www.usatoday.com/story/news/politics/2014/12/16/obama-presidential-memoranda-executive-orders/20191805/
