Posted on 11/21/2014 9:37:26 AM PST by Citizen Zed
House Republicans filed a long-threatened lawsuit Friday against the Obama administration over unilateral actions on the health care law that they say are abuses of the president's executive authority.
The lawsuit — filed against the secretaries of the Health and Human Services and Treasury Departments — focuses on two crucial aspects of the way the administration has put the Affordable Care Act into effect.
The suit accuses the Obama administration of unlawfully postponing a requirement that larger employers offer health coverage to their full-time employees or pay penalties. (Larger companies are defined as those with 50 or more employees.)
The suit also challenges what it says is President Obama's unlawful giveaway of roughly $175 billion to insurance companies under the law. According to the Congressional Budget Office, the administration will pay that amount to the companies over the next 10 years, though the funds have not been appropriated by Congress. The lawsuit argues that it is an unlawful transfer of funds.
(Excerpt) Read more at mob.cnbc.com ...
Don’t Governors Have Executive Powers As Well?
There are soon to be thirty-five Republican governors.
What prevents them from exercising Prosecutorial Discretion and simply ignore Obama’s executive order?
New congress Special Prosecutor. Pick your scandal.
Sue a president? What a waste of time and money. Congress needs to do it’s job under the Constitution and remove the thug that’s in the WH. Congress should let the political cards fall where they may but they need to enforce the law first and foremost against this lawless resident in the WH.
Oh yea, we need real leaders in Congress for that to ever happen.
Obviously, you didn’t make an ‘A’ in Civics.(sarc)
A lawsuit will end up in the Supreme Court, eventually. And since their power was attacked as well as the Congress, the outcome of a penalty for the Executive Branch is more promising.
Three branches of Government violated and our Constitution in crisis, which gives equal powers to all three. The President has usurped the power of the other two, so it is logical that the Supremes will be more interested in their own justice, than in Impeachment ...which is harder to carry out.
The Impeachment would not make it before the 2016 election, where these immigrants will have voting status, and the Dems would be back in power...it would be a waste of time.
”… — focuses on two crucial aspects of the way the administration has put the Affordable Care Act into effect."
FR: Never Accept the Premise of Your Opponent’s Argument
Regardless that the House Republicans RINOs have read the Constitution out loud at the beginnings of the 2011 and 2013 legislative sessions, including Congress’s Article I, Section 8-limited powers, note that the two crucial aspects mentioned in the RINO lawsuit completely sidestep the following MAJOR constitutional problem with Obamacare Democratcare.
As mentioned in related threads, RINOS are wrongly ignoring that the states have never delegated to the feds, expressly via the Constituton, the specific the first place. This is evidenced by the following excerpts from a Supreme Court case opinion which activist justices wrongly ignored when they gave Obamacare the green light.
”State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress. [emphases added]” —Gibbons v. Ogden, 1824.
So Democratcare was wrongly established without the constitutionally required consent of the Article V state majority.
In fact, the Supreme Court has also clarified in general that powers not expressly granted to the feds, expressly via the Constitution, the so-called power to establish a national healthcare program in this example, are prohibited to the feds.
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
The bottom line is that the 10th Amendment still remains one of the best kept secrets in corrupt DC imo.
“What a waste of time and money.”
Obama, Holder, and Justice Kagan, Sotomayor, Breyer, and Ginsberg are howling with laughter at this lawsuit. Scalia, Thomas, and Alito are likely concerned about a Constitutional crisis.
The question is are Justices Roberts and Kennedy chuckling or concerned about preserving the Constitution?
IDIOTS!!! The GOP will lose any lawsuits. And once they do guess what. The precedent is set for Obama to do WHATEVER HE WANTS. Republican leaders are complete cowards and like what Obama is doing. The courts won’t stop Obama.
You were promised hope and change...we should collect now.
ok
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