I know they are going after the subsidy part of Obamacare in Federal courts (A case which appears to be strong, I might add, but Obamacare itself was passed on a legislative process known as reconciliation...a maneuver typically reserved for budget items. Furthermore, by using this trick, the Bill was technically created in the Senate. According to our constitution, all spending bills must begin in the House of Reps. The bottom line is, even the stuff that appears ‘solidly’ and legally in place regarding Obamacare is also probably unconstitutional. It would be nice if we had an actual opposition party and a tenacious media to point this out, but no.
In regards to executive amnesty, that one is not even close. Clearly, the President has no power to re-write laws. He can choose not to enforce them using so called executive discretion (which is sad enough), but he can’t then choose to change the laws.
If Obama wins both the Obamacare court case and the amnesty case, what then is the point of even having a congress? The decision would pretty much mean the President can do whatever he wants. I know the libs would party on if those cases fall their way, but soon enough a GOP President will be on the scene using his pen to lower capital gains taxes, reduce Welfare payments, raise the Social Security Age limit, change the Immigration Laws to something they don’t like etc etc and then they will finally realize the damage they have done to this country.
By the way, this is not to be a defense of our congress. Immigration reform is needed and Healthcare, Social Security, Medicare etc needs reforming. These are clearly difficult matters that are frustrating when we see no action taken. With that said, when political consensus can not be achieved, the status quo prevails....the idea being that eventually one argument will win out as political pressures build.
That’s our system...unless the Supreme Court Destroys it with irrational Obamacare and Immigration rulings. Unfortunately, I expect our system to be destroyed.
but soon enough a GOP President will be on the scene
No authority to rewrite laws; if he gets away with it then he has the power to do it and, alas, so do subsequent presidents if there are subsequent presidents.
I love the point you made regarding the status quo maintaining until political pressures build (when things are done Constitutionally). I’ve never seen that concept stated with so much clarity. Thanks.