Posted on 07/09/2013 3:24:02 PM PDT by Starman417
Is Obamacare unconstitutional?
Michael McConnell, a former judge for the Tenth Circuit Court of Appeals, wrote a piece in the WSJ yesterday about Barack Obama choosing not to enforce existing law because it is inconvenient:
President Obama's decision last week to suspend the employer mandate of the Affordable Care Act may be welcome relief to businesses affected by this provision, but it raises grave concerns about his understanding of the role of the executive in our system of government.Article II, Section 3, of the Constitution states that the president "shall take Care that the Laws be faithfully executed." This is a duty, not a discretionary power. While the president does have substantial discretion about how to enforce a law, he has no discretion about whether to do so.
This matter—the limits of executive power—has deep historical roots. During the period of royal absolutism, English monarchs asserted a right to dispense with parliamentary statutes they disliked. King James II's use of the prerogative was a key grievance that lead to the Glorious Revolution of 1688. The very first provision of the English Bill of Rights of 1689—the most important precursor to the U.S. Constitution—declared that "the pretended power of suspending of laws, or the execution of laws, by regal authority, without consent of parliament, is illegal."
To make sure that American presidents could not resurrect a similar prerogative, the Framers of the Constitution made the faithful enforcement of the law a constitutional duty.
The President is not free to "refuse to enforce a statute he opposes for policy reasons."
McConnell makes an argument that I have been makes:
Democrats too may acquiesce in Mr. Obama's action, as they have his other aggressive assertions of executive power. Yet what will they say when a Republican president decides that the tax rate on capital gains is a drag on economic growth and instructs the IRS not to enforce it?
This establishes an ominous precedent:
Of all the stretches of executive power Americans have seen in the past few years, the president's unilateral suspension of statutes may have the most disturbing long-term effects. As the Supreme Court said long ago (Kendall v. United States, 1838), allowing the president to refuse to enforce statutes passed by Congress "would be clothing the president with a power to control the legislation of congress, and paralyze the administration of justice."
Iowa Republican Rep. Steve King believes that Obama's interfering with the law is illegal:
(Excerpt) Read more at floppingaces.net...
Where was this Limited Power when he ordered the Illegals not to be prosecuted, to be released from Jais, and to give them de Facto Amnesty, cortrary to the Clear Existing Immigration Laws? How about "Holder's People", who are NOT Prosecuted simply because they are of the right Ethnicity? How about the Constitutionality of all of THOSE? How about the Executive Orders and Regulatory Orders, all done to circumvent The Congress?
And? Will anyone do anything about it?
“Jais”=”Jails”
teh wan could pass sign an XO literally repealing the 13th Amendment and the sycophants on the democratic side and the wimps on the R side would applaud (as would 95% of black Americans).
President Nakba (catastrophe)
When Obama was disbarred by the Illinois State Bar Association it stated that “Obama had no respect foe the laws of the land that he was above the law and that he believe that laws were made to be changed by any individual whom believed that the same laws were cumbersome and held others back.
If GWB did a tenth of what this moronic moron has done the MSM would be howling to the moon!
What about the Equal Protection Clause?
If corporations are people under the law, are they also supra and superior citizens having special privileges not afforded or available to regular citizens?
Stop it with that French stuff...
http://www.freerepublic.com/focus/bloggers/2881739/posts
1) Hunker down until 2016 and endure the lawless regime.
2) Impeachment.
We’ve gone from Speaker Pelosi ramming Obamacare bill through HoR without lettling lawmakers read it, to Obama delaying Obamacare to try to swing the outcome of 2014 in Democrat’s / RINO’s favor.
“14. Lincoln showed his obvious respect for the flag, U. S. Constitution,
and the military. “
Wrong. He violated it, was told by the Supreme Court he was violating it, and stomped the living sh*t out of it.
“4. Lincoln had very little experience before becoming President. “
BS. The guy was a first rate lawyer, argued before the US Supreme Court, had served in the US House of Representatives, served as an officer in the State militia, and had plenty of other experiences.
“12. Lincoln was honest - so honest that he was called ‘Honest Abe’. “
Only by historians. Many others called him the most crooked of lawyers and certainly one of the most criminal of Presidents having set aside the US Constitution.
(from the article) :” Of all the stretches of executive power Americans have seen in the past few years, the president’s unilateral suspension of statutes may have the most disturbing long-term effects.
As the Supreme Court said long ago (Kendall v. United States, 1838), allowing the president to refuse to enforce statutes
passed by Congress “would be clothing the president with a power to control the legislation of congress,
and paralyze the administration of justice.”
So , there is already legal precedent
Maybe it’s time to bring this into the courts, and take action ,
and not leave it up to Boehner !
Good point; hadn’t thought of that.
yep all friggin show, we would have better representation if we selected folks like a jury..
It all becomes so complex and convoluted they really start believing that everything must be twisted up to be real, we have the friggin walking dead up there for the most part and as long as skittles and free 2 day old biscuits are on the ticket no one cares that we are being betrayed..
So... what time does the play start at Ford Theater tonight?
No republican will ever play dirty so the democrats aren’t worried about a republican president doing the same thing.
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