Here is an article by David Rivkin and Lee Casey that was pure joy to read (Why the President’s Obamacare Maneuver may Backfire). It addresses Barack Obama’s unconstitutional habit of ignoring parts of Federal law that he doesn’t like and suggests that with his recent decision to selectively waive Obamacare penalties for businesses for one year he may have finally tripped himself up.
First they lay out the constitutional principle on which Obama has shit upon again and again:
President Obama’s announcement on July 2 that he is suspending the Affordable Care Act’s employer health-insurance mandate may well have exposed his actions to judicial review—even though that is clearly what he sought to avoid. The health-care reform law’s employer mandate requires businesses with more than 50 employees to provide a congressionally prescribed set of health-insurance benefits or pay a penalty calculated at about $2,000 per employee. The law was to take effect on Jan. 1, 2014, but Mr. Obama has “postponed” its application until 2015. His aim, the administration said, was to give employers more time to comply with the new rules. But it was also seen as a way to avoid paying at least part of ObamaCare’s mounting political price in the 2014 congressional elections.
Whatever the reason, the president does not have the power to stop the implementation of a law. If there is one bedrock constitutional legal principle, it is that the president must “faithfully execute” federal statutes. He cannot suspend laws he dislikes on policy grounds or because he fears their political consequences.
Then they list some of his worst offenses in this area, which we all know are designed to force his agenda on the American people in ways that the Founders would have never allowed: Read more…
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