By Phil Kerpen
What if Mitt Romney had won the election, and proceeded to disregard
sections of Obamacare in precisely the manner President Obama is
presently doing? It would go something like this:
WASHINGTON – The Romney administration faces a political and legal
crisis as blowback from its controversial decision to unilaterally
suspend central elements of the Affordable Care Act continues to
intensify.
Under pressure from large corporations, the Treasury Department
quietly announced the provisions of the law requiring employers to
provide health insurance coverage will not be enforced. The law
contains no language granting Treasury discretion for such a move and
has a clear effective date of January 1, 2014. Nonetheless, Treasury
official Mark Mazur announced in a blog post that penalties for
employers who fail to meet the law’s requirements will simply not be
enforced in 2014.
“President Romney is openly defying the laws of the United States
that he swore an oath to faithfully execute,” said the leader of an
umbrella liberal interest group that was formed to promote the
Affordable Care Act. “Arbitrarily letting employers off the hook for
providing health care is not just illegal, but it’s deadly for Americans
who are counting that coverage.”
That umbrella advocacy group, several major national labor unions,
and 14 smaller advocacy groups filed a lawsuit last week in the D.C.
Circuit seeking an emergency injunction forcing the Romney
administration to enforce the law. The groups are also staging a 24-7
protest in Lafayette Square across from the White House under a large
banner reading: “Romney Is Not Above the Law.” A significant number of
protesters are calling for the president's impeachment over the issue.
Refusing to back down, the Romney administration made a move to
suspend enforcement of other major requirements of the law late last
week, this time the verification requirements intended to ensure that
only qualified individuals receive affordability tax credits for the
purchase of insurance plans on the new Affordable Care Act health
insurance exchanges. Eligibility will instead be on “the honor system.”
Supporters of the Affordable Care Act objected that the move would
benefit large insurance companies at the expense of vulnerable
individuals the law was intended to help. “These tax credits are paid
directly to the giant insurance companies, but if they are later
determined to be erroneous then individuals are on the hook to pay back
thousands of dollars to the IRS,” said a liberal interest group leader.
“Without verification procedures, the biggest corporations are reaping
billions in subsidies but the regular Americans this law was supposed to
help can be pushed into bankruptcy.”
Democrats in Congress accuse President Romney of breaking the law.
“The Affordable Care Act is the law of the land, whether Mr. Romney
likes it or not,” said the House Democratic leader. “We are confident
that the courts will find the president’s lawless decision to let the
largest employers off the hook for paying even a portion of the health
care costs for their workers to be illegal.”
The White House has rejected calls for the president to personally
address the issue in a news conference, insisting that its decision to
disregard major elements of the law is simply implementing it “in a
careful, thoughtful manner.”
************
By
Mark Steyn
Yesterday,
Jonah Goldberg, apropos ObamaCare and the postponement of the employer mandate,
said we were now living under an “arbitrary system” in which “the political arm
of the White House gets to decide what laws are going to be enforced and which ones
aren’t.’
I made a similar point guest-hosting for Rush last Friday, noting that this was one of the indictments against George III in the Declaration of Independence:
I made a similar point guest-hosting for Rush last Friday, noting that this was one of the indictments against George III in the Declaration of Independence:
He has forbidden his Governors to pass Laws of
immediate and pressing importance, unless suspended in their operation till his Assent should be obtained;
and when so suspended, he has utterly neglected to attend to them.
When
legislatures pass laws but the head of state decides which ones he’ll implement
and which he won’t, that is a monarchy – and not a constitutional but an
absolute one. When the English were as mad with James II as the Americans later
were with George III, they spelled it out in the first charge of the 1689 Bill
of Rights:
Whereas the late King
James the Second, by the assistance of divers evil counsellors, judges and
ministers employed by him, did endeavour to subvert and extirpate the
Protestant religion and the laws and liberties of this kingdom;
By assuming and exercising a power of dispensing with and suspending of laws and the execution of laws without consent of Parliament;
By assuming and exercising a power of dispensing with and suspending of laws and the execution of laws without consent of Parliament;
President
Obama has developed a habit of “dispensing with and suspending” all manner of
laws from health care to immigration. If he gets to choose which laws he’ll
enforce, do we get to choose which laws we follow?
************
SoRo:
Here
is where the technocrat’s mask slips, and the ideologue smiles through. If the
Obama team can get away with picking and choosing what parts get implemented
and when, flaunting the law to satisfy their electoral aims, why not do it?
Congress,
not just Republicans, not just the House, should be livid over this. The
Supreme Court ruled that the line-item veto is unconstitutional in Clinton v City of New York,
524 U.S. 417 (1998). Is Obama not granting himself a de facto line-item veto?
If the line-item veto passed by Congress and signed into law by the President
was unconstitutional, is there any doubt that Obama’s de facto line-item veto
is even more unconstitutional?
To
Republicans, if Obama can pick and choose which parts of a law – even one that
for which he heavily agitated – he will enforce, why would you trust him to
enforce other parts of other laws…like the border enforcement provisions of
immigration reform?
To
Democrats, if you say nothing about Obama’s imperial power grab, which
belittles the Congress and your power, do you not fear what a future President,
one with whom you may have vehement disagreements, will do with such a
precedent?
UPDATE:
Dictatorship in Two Steps
By Mario Loyola
The Obama administration’s shocking decision not to enforce the employer mandate in Obamacare has gotten quite a bit of attention. (I wrote about it here over the weekend; Michael McConnell has a great piece on it in today’s WSJ).
I’d like to point out one implication that has largely escaped notice so far.
The administration and its supporters devoutly believe that the federal government should regulate every aspect of everything. They are rapidly turning the federal code into a nightmare straight out of the Soviet GOSPLAN.
Well, if you combine pervasive regulation of everything with the arbitrary power to suspend whatever law you like, what you get at the end of the day is arbitrary power to say what the law is. So, a tax on everyone’s income, minus the president’s suspension of the tax on people he likes, becomes simply a tax on whomever he doesn’t like. That’s just a dictatorship.
The administration’s refusal to execute duly enacted laws of Congress is a power grab against the most essential constitutional prerogatives of Congress. The House of Representatives needs to think very seriously about whether they’re going to let this administration get away with it. If refusing to see that the laws are faithfully executed is not an impeachable offense, maybe it should be.
At the very least, a resolution of censure is called for.
The Obama administration’s shocking decision not to enforce the employer mandate in Obamacare has gotten quite a bit of attention. (I wrote about it here over the weekend; Michael McConnell has a great piece on it in today’s WSJ).
I’d like to point out one implication that has largely escaped notice so far.
The administration and its supporters devoutly believe that the federal government should regulate every aspect of everything. They are rapidly turning the federal code into a nightmare straight out of the Soviet GOSPLAN.
Well, if you combine pervasive regulation of everything with the arbitrary power to suspend whatever law you like, what you get at the end of the day is arbitrary power to say what the law is. So, a tax on everyone’s income, minus the president’s suspension of the tax on people he likes, becomes simply a tax on whomever he doesn’t like. That’s just a dictatorship.
The administration’s refusal to execute duly enacted laws of Congress is a power grab against the most essential constitutional prerogatives of Congress. The House of Representatives needs to think very seriously about whether they’re going to let this administration get away with it. If refusing to see that the laws are faithfully executed is not an impeachable offense, maybe it should be.
At the very least, a resolution of censure is called for.
http://tinyurl.com/md2yrtz
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