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November 14, 2013

Obama's 'Lawless' Fix

Topics: Political News and commentaries

About that so-called 'fix' ... Obama lacks the authority under the Constitution. It's another one of his end-runs around the law.

As Jeffrey H. Anderson points out at The Corner, Obama has no authority to "improve" or change laws.

[...] The Constitution's executive article (Article II) begins, "the executive Power shall be vested in a President of the United States of America." The Constitution vests the entire executive power in just one person. Yet in his press conference this afternoon, President Obama replied to a question with this: "I was not informed directly that the [Obamacare] website would not be working as -- the way it was supposed to. Had I been informed, I wouldn't be going out saying, boy, this is going to be great."

The purpose of Obama's press conference, however, was not to talk about his ineptitude in exercising the executive power -- even as it pertains to his signature legislation. Rather, it was to announce how he -- as he put it -- will now "improve" that legislation.

Alas, the president doesn't have the authority to change laws, and therefore he doesn't have the authority to "improve" them. That authority rests solely with congress, as we learn from the first line of the Constitution's legislative article (Article I): "All legislative Powers herein granted shall be vested in a Congress of the United States. ..."

Continue reading here ...

Over at The Weekly Standard, Daniel Halper notes that Obama's proposal is an extra-legal solution to a big problem for millions of Americans around the country:

[...] "I don't see within the law how they can do this administratively," said Speaker John Boehner in a press conference on Capitol Hill. "No one can identify anything the president could do administratively to keep his pledge that would be both legal and effective."

The proposed White House fix so that Obama can honor his commitment is also likely to create more problems and to further distrust the American people have for this administration, which makes law based on what it chooses to enforce while sidestepping the constitutional process that is in place.

Indeed, there's another problem. As Texas senator Ted Cruz says, the president cannot fix an unfixable law. "We cannot 'fix' Obamacare. The damage has been done, as millions of Americans have already been made to pay higher premiums and lose their jobs, wages, and health care plans," Cruz said today.

President Clinton famously dismissed Obama's candidacy for president of the United States by saying, "Give me a break. This whole thing is the biggest fairy tale I have ever seen."

With Obama's reliance on "enforcement discretion," it would now seem that Clinton had a point -- and that the "fairy tale" continues.

More here ...

And then there's that not-so-little problem of a 'catch' or two, or more!

As William A. Jacobson aptly points out at Legal Insurrection, Obama's 'fix' does nothing to fix the problem, which is a war on plans people like but the Obama administration dislikes. Democrats -- alone and over vigorous objections from Republicans -- broke the individual health care insurance market. It can't just be put back together again under Obamacare.

As Jacobsonot notes, not only that, but Obamas is doing this unilaterally as an administrative matter, without changing the law. So much for Democrats objections to prior proposals from Republicans that Obamacare was "settled law."

All of which brings us down to the real reason behind the unlawful 'fix':

Suggested read: Obamacare Schadenfreudarama (It feels pretty good to watch the whole thing fail. )

Posted by Hyscience at November 14, 2013 7:14 PM

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