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By Unilaterally Changing Obamacare, Obama Is Making A Mockery Of The Constitution

November 21, 2013

Since when can a president change a law all by himself?  By unilaterally  declaring that certain provisions of Obamacare will not be enforced, Barack  Obama is making a mockery of the U.S. Constitution.  For those that have not  read it, the U.S. Constitution says that the president “shall  take Care that the Laws be faithfully executed“.  So when Obama declares  that he will not enforce certain provisions of Obamacare for a year, he is  directly violating the Constitution.  And as Stanford Law School Professor  Michael McConnell wrote back  in July, the Office of Legal Counsel for the Justice Department “has always  insisted that the president has no authority, as one such memo put it in 1990,  to ‘refuse to enforce a statute he opposes for policy reasons.’”  This is an  open and shut case.  If the U.S. Congress still had a shred of respect for the  Constitution, they would immediately demand that Obama enforce the law as  written.  If Obama refused, they should immediately impeach him.  We are a  country that is run by the rule of law, and just because Obama’s new law  completely screws up one-sixth of the economy does not mean that he can  unilaterally change it.  In our system, Congress makes the laws and the  president enforces them.  If we allow any president to unilaterally change laws  whenever he does not like them, then that puts us dangerously close to having a  dictator in the White House.


Yes,  Obamacare is an  absolute nightmare of a law.

Yes, people should be allowed to keep their current health insurance plans.   And Obama should actually be trying to keep his original promise by encouraging  Congress to allow people to keep their current health insurance plans  permanently.

But if Obama is going to follow the Constitution, then any changes to  Obamacare must go through Congress.

He simply does not possess the power to unilaterally change a law by  himself.

Does the Constitution matter in America anymore?

Apparently not.

And what Obama is trying to do is not likely to save many health insurance  policies anyway.  Marc  Thiessen recently explained why this is the case…

For three years, at Obama’s direction, insurers and state regulators have  been planning to cancel millions of individual market plans and move those  people into the Obamacare exchanges at the end of this year. That process  cannot  be easily reversed six weeks before the transfer was to take place.  Insurers did  not negotiate prices with doctors and hospitals, or put plans  through the state  regulatory process. There is no magic wand the president can  wave to suddenly  reinstate canceled plans.

If Obama’s fix fails, a humanitarian disaster will ensue. Come Jan. 1,  millions of Americans could find themselves without the health coverage Obama  promised they could keep. Suddenly, the horror stories we are hearing today of  people getting cancellation letters will be replaced by horror stories of  cancer  patients having their treatment disrupted and sick children being cut  off from  their doctors and hospitals. The outrage Americans are expressing  today will  pale by comparison to the outrage that will ensue when people who  had insurance  before Obamacare can’t get medical care they are accustomed to  because they lost  their plans.

Obama cannot force insurance companies to go back and sell the old insurance  policies to customers that they have already canceled.  And he certainly cannot  force state insurance regulators to accept those old plans.  For example, the  states of Washington and Arkansas have already announced that they will not  be allowing insurance companies to extend their old health insurance plans.   Other states may soon follow.

And as Richard  A. Epstein recently noted, many health insurance company executives are  absolutely outraged that Obama has now given them a task which will be nearly  impossible to accomplish on time…

A major new disclosure program will need to be built from scratch over the  Christmas holidays, on top of a reinstatement process that has to overcome huge  hurdles within individual companies who have to reprice their revised policies  before gaining regulatory approval on a state-by-state basis. No wonder their  executives are up in arms.

But even if by some miracle Obama’s “fix” is implemented successfully, there  is still the matter that this is completely and totally unconstitutional.  The  following is how U.S.  Senator Rand Paul expressed his concerns the other day…

Obamacare is not “fixable,” and the president’s administrative attempts to  fix it are “unconstitutional,” Sen. Rand Paul (R-Ky.) told Fox News on  Monday.

“One of the clear separations of powers was that the legislature was supposed  to legislate and the president wasn’t. He’s essentially amended Obamacare maybe  20- some-odd times, and I don’t think he’s allowed to. And so I think it needs  to be decided in court,” Paul said.

Yes, this most definitely needs to go to court.

But will it?

Probably not.

Once again the U.S. Congress is going to stand by and watch a president  trample all over the Constitution and do nothing about it.

Meanwhile, the reality of how horrible Obamacare is turning out to be  continues to sink in.

For example, a 48-year-old single mother that Obama specifically singled out  as an “Obamacare  success story” is now discovering that she can’t afford her new health  insurance policy after all…

The CNN report quotes President Obama as saying, “I recently received a  letter from a woman named Jessica Sanford in Washington state. And here’s what  she wrote, I am a single mom, no child support, self-employed. and I haven’t  had  insurance for 15 years because it’s too expensive. I was crying the other  day  when I signed up, so much stress lifted.”

“But days, just really three days after she was mentioned by the president,  Jessica Sanford started having problems, she was receiving letters from the  Washington state health exchange,” reports CNN. “The first letter telling her  that tax credit was reduced, therefore, increasing the cost of her health care  plan and the, take a look at this, then she received a letter just last week  telling her that her tax credit had been taken away all together. Show you  another document here, showing what the tax credit worked out to be… zero  dollars according to this document that was provided to us by Jessica Sanford.  She describes all of this as a roller coaster ride. Now she says she can’t  afford insurance in Washington state because of the new  developments.”

So what do you think of Obamacare so far?

And what do you think of the fact that Obama is blatantly trampling all over  the Constitution?


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