For those who do not immediately get what is meant by “rule by decree,” let me explain. The Constitution grants the power to legislate, to make laws, to the Congress, which is why it is called “the Legislative Branch.” It grants the power to carry out, or execute, the laws to the President, which is why the President and his Administration are called “the Executive Branch.” The Constitution accordingly specifies that the President’s duty is “to take care that the laws be faithfully executed.” It grants the power to interpret and adjudicate the law to the Judiciary, which is why that is called “the Judicial Branch.” But President Obama does not accept the limitations of his role within this constitutional framework. He is now regularly exercising the power to legislate directly himself, either by announcing on his own supposed authority changes in existing laws that Congress has already passed, or by announcing that he will carry out entirely new laws that Congress never passed, or even refused to pass. These actions are brazen, lawless violations of the Constitution. The President through his Executive Branch has the power to issue regulations interpreting the law as passed, for purposes of implementation. But all regulations must be authorized by an underlying law passed by Congress. Neither the President nor any agency underneath him in the entire Executive Branch can issue a regulation that contradicts or changes the law that is cited as authorizing it. In other words, if the law says 2014, the President has no authority to say screw it, I say 2015, by regulation or otherwise. The same is true of Executive Orders. All Executive Orders must be based on authority granted to the President by some law passed by Congress, or by the Constitution itself. The President does have the authority to refuse to enforce laws he believes are unconstitutional. But he cannot refuse to enforce laws because he disagrees with them, or to gain political advantage, such as delaying implementation of a law until after the next election, attempting to deceive the American people as to what has been enacted until the next election passes. The Office of Legal Counsel in the U.S. Justice Department exists to advise the President as to his legal powers. And this is what legal opinions issued by that office have said. Similarly, in Clinton v. City of New York, the Supreme Court ruled, “There is no provision in the Constitution that authorizes the president to enact, to amend, or to repeal statutes…. The only constitutional power the president has to suspend or repeal statutes is to veto a bill or propose new legislation.” The Lawless President President Obama has engaged in such lawless usurpation of authority most of all in regard to his pride and joy, Obamacare, which he finagled through Congress in 2010 on a strict party line vote, openly buying off recalcitrant Democrats who foresaw the coming train wreck with various political sweeteners at taxpayer expense. But now that it has passed, he refuses to implement it as passed, even though former House Speaker Nancy Pelosi famously said we would have to pass it to find out what is in it. But not when the public finding out what is in it might lead to political disadvantage for the Democrats, apparently. The lawlessness started even before President Obama’s re-election. The law provided for $716 billion in cuts to Medicare in the first 10 years alone. But to evade political retribution for these cuts, the President delayed them until after the election, and dishonestly misrepresented them during the campaign. He and his campaign told voters the cuts involved only reductions in “overpayments” to doctors and hospitals providing health care to seniors, and in “subsidies” to insurance companies, which millions of seniors had chosen to provide their Medicare benefits under Medicare Part C, saying actual Medicare “benefits were not affected at all”— “not by one dime.” The President did not want seniors to be able to see in their own lives that these gross mischaracterizations were not true. The Medicare Chief Actuary explained that within a few years, the cuts would reduce Medicare payments to doctors and hospitals to only about half what is paid under Medicaid for health care for the poor, which studies have documented results in poor health care for the poor. So the cuts disappeared until after the election, by illegal Presidential decree. Similarly, the Obamacare law provided that insurance companies could not decline coverage for children with pre-existing conditions, but in an alleged mistake, the law as passed said that did not become effective until January, 2014. But to gain political advantage before the 2012 elections, HHS issued a rule declaring that this popular provision would become effective on September 23, 2010. Intimidated from challenging the illegal rule in court, health insurers began withdrawing the sale of child only policies, resulting in no one selling such policies in almost half the country. The Obamacare law as passed also provides that the extensive Obamacare subsidies for purchasing health insurance on the exchanges apply in such Exchanges set up by the states, as the law contemplated. But 27 states exercised their right under the law to refuse to set up exchanges, leaving the federal government to do it in those states, primarily because the states were left with no discretion or authority regarding how to organize them. Only 17 states have actually established exchanges on their own. The law as written and passed only provides for the Obamacare exchange health insurance subsidies to apply in these 17 states. So on May 23, 2012, the IRS issued an illegal rule providing that the Obamacare exchange subsidies shall apply in all 50 states any way. After the President’s re-election, he famously announced a delay for one year of one of the basic pillars of the law, the employer mandate requiring employers of 50 or more full time workers to buy health insurance for their workers, as the government specifies exactly what they must buy. The Obamacare law explicitly says the Obamacare law would become effective in 2014. The President has no legal authority to change that to 2015, as the Supreme Court has ruled. But the President brazenly flouted the law, the Constitution, and the Supreme Court by decreeing the mandate shall be delayed until 2015. This rewriting of the law as we go is contributing to further Obamacare chaos. The exchange subsidies were only supposed to be available under the Obamacare law to those who do not receive the required employer-provided insurance. But since no such insurance will now be required next year, very few will actually have the elaborate and expensive employer insurance as required. Moreover, the CBO estimates on the cost of Obamacare are based on only a fraction of workers qualifying for the exchange subsidies.
Posted on: Wed, 21 Aug 2013 23:49:30 +0000