From a constitutional perspective, the Obama fumble fix has vastly larger implications. Put simply, it is unconstitutional. Under the Constitution, Article II, Section 3, the powers of the president are clearly stated, which include: He shall take care that the laws be faithfully executed. Known as the Take Care clause, it was deliberately inserted there, according to Ken Klukowski, a constitutional lawyer on the faculty of Liberty University’s School of Law, the framers of the American Constitution knew from their lives as Englishmen. It was the power of the king of England to disregard or effectively suspend Acts of Parliament. The king could not make laws, but he could shelve a law that Parliament had passed. By using his so-called enforcement discretion — something unknown in the Constitution — Obama has overreached his powers. Said Klukowski: This is a frightening claim of a sweeping power that is completely inconsistent with the Constitution.… There is no “enforcement discretion” [for Obama] to determine which laws on the books he will enforce…. It is a flagrant and undeniable violation of his constitutional duty under the Take Care clause.… Only Congress can change those parts of the Affordable Care Act…. It’s an open and shut case that this president’s actions are unconstitutional, again. It’s this gradual usurpation of power not granted under the Constitution that leads to tyranny. As constitutionalists have warned, “This is how Hitler rose to power, of course. It’s how every tyrant throughout history got [his] start. It’s also precisely what the United States Constitution prohibits.” Many have raised various questions. How would those cancelled policies be reinstated? How would insurance companies recalculate their premiums? What would be the impact on the health exchanges if cancellations were rescinded? What about the viability of ObamaCare itself as the result of such a delay? The key question not being asked frequently enough is this: How could the president himself, who claimed to be a “constitutional law professor, not know about the Take Care clause and that his “fix” would be unconstitutional? thenewamerican/usnews/constitution/item/16958-legal-scholar-obama-s-fix-of-obamacare-s-bungled-debut-unconstitutional
Posted on: Mon, 18 Nov 2013 19:42:46 +0000
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