No Congressional Approval – Nobama Problem
Yesterday AmeicanThinker.com ran an article questioning whether or not the President would peacefully turn over power if he loses in November. While there were some interesting, almost scarey truths in the article, I found it too sensationalistic to share with you. This morning, I am reconsidering.
Our Teleprompter in Chief was once a Constitutional professor. I am convinced, he studied Constitutional law so he could better understand how to work around the US Constitution. Learn where and how to take advantage of the system. Look at the number of executive orders he has issued. Czars (yes, they really use that word) he has appointed to run your life. It amazes me how comfortable liberals and progressives are allowing one person to accumulate power.
Today’s example is Obamacare. The attached article is a little long. I have pulled out a couple of key sections for you to preview but I encourage you to read the entire thing. The Readers Digest version – After the election of Scott Brown the Democrats were out of time on Obamacare. They had to pass it as is and the ‘as is’ version was as we know – horse poo. One of the main features of the law is the state run exchanges. The exchanges are the trigger for the tax credits, subsidies and employer mandate , ie the financial teeth of the bill. The dems assumed all the states would comply b/c the alternative was for the FEDS to take over the state exchange. One problem, the tax credits, subsidies and employer mandate don’t apply if the Feds take over. DOH!
For any other President this would be a problem. Not so for our Socialist/Communist/Fascist/Dictator. Nope. His administration and the IRS are not going to go back to Congress to get the law re-written. Why bother when you can simply ‘interpret’ the true meaning and govern by Fiat. This is a power grab you expect to see in 3rd world countries, not the White House.
Here is another fact our Campaigner in Chief ignores: One of his big campaign themes is the Republicans won’t work with me and I won’t wait. In addition to being childish – and wrong, it is he who won’t work with them – it also misses the point. The American people sent him a massive message in 2010 by voting in a HUGE Republican majority to the House. The American People voted NO to his agenda. They will have another chance this November.
Article Summary below. Full article at: http://spectator.org/archives/2012/08/22/rewriting-its-own-bad-obamacar
In fact, the administration appears to be suffering from a case of buyer’s remorse. States were supposed to establish exchanges. But they haven’t. Congress did not provide for that possibility by backing federally created exchanges in the same way. So the administration wants to insert the provision via administrative fiat
PPACA backers also claim general administrative authority to interpret and implement statutes, but agencies can only operate based on legislative authority. If the executive can issue any rule “consistent” with rather than authorized by a law, there are few things that it cannot do — which truly would be an absurd result. Obamacare is massively complex; a wide variety of provisions could conceivably be consistent with the law’s professed objectives. But turning them into law is a job for legislators, not bureaucrats.
Case Western law professor Jonathan Adler and Cato Institute scholar Michael Cannon point out: “The tax credits and subsidies for the purchase of qualifying health insurance plans in state-run exchanges serve as more than just an inducement to states. For example, these entitlements also operate as the trigger for enforcement of the Act’s ’employer mandate.’ As a consequence, that mandate is effectively unenforceable in states that decline to create an exchange. Because such a large number of states may decline to create exchanges of their own, it may be difficult to implement the law as some had intended.
Only Congress can authorize tax credits and subsidies. Agencies have substantial discretion but, conclude Adler and Cannon, “they cannot write their own laws, impose taxes, issue tax credits, spend federal revenue, incur new federal debt, or create new legal entitlements without congressional authorization.”
Apparently the Obama administration does not understand this basic constitutional fact. But then, respecting the Constitution is obviously not a priority for the president who once taught constitutional law. It is now up to the courts to protect the rule of law.