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Are Health-Care Waivers Unconstitutional?
National Review Online ^ | February 8, 2011 | Phillip Hamburger

Posted on 02/08/2011 10:42:00 AM PST by Citizen X_Area 51

The president cannot simply decide who does and does not have to follow the law...

The constitutional dispute over the health-care law has thus far centered on the lawfulness of the statute itself — most dramatically when, last week in Florida, a federal judge held the act to be void. Waiting in the wings, however, is another constitutional question, one concerning not the statute, but waivers from it.

(Excerpt) Read more at nationalreview.com ...


TOPICS: Crime/Corruption; Front Page News; Government; News/Current Events
KEYWORDS: constitution; democrats; fraud; govtabuse; healthcare; obama; obamacare; obamacarewaiver; obamacarewaivers; waivers
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Very interesting issue.
1 posted on 02/08/2011 10:42:03 AM PST by Citizen X_Area 51
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To: Citizen X_Area 51

Bad links.


2 posted on 02/08/2011 10:43:08 AM PST by Buchal ("Two wings of the same bird of prey . . .")
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To: Citizen X_Area 51

Of course they are


3 posted on 02/08/2011 10:43:16 AM PST by PGR88
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To: Citizen X_Area 51
The president cannot simply decide who does and does not have to follow the law...

This is true under a constitutional form of government. Under a dictator, not so much.

4 posted on 02/08/2011 10:46:44 AM PST by fhayek
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To: Citizen X_Area 51
Linkee no workee.

Next time, copy the Whole Link.

5 posted on 02/08/2011 10:46:57 AM PST by Izzy Dunne (Hello, I'm a TAGLINE virus. Please help me spread by copying me into YOUR tag line.)
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To: fhayek

This is true under a constitutional form of government. Under a dictator, not so much.

Amen!


6 posted on 02/08/2011 10:47:43 AM PST by Boiler Plate ("Why be difficult, when with just a little more work, you can be impossible" Mom)
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To: PGR88

Maybe I can get a waiver against that dumb law that restricts bank robberies. I mean it’s only fair that the banks share their wealth/S


7 posted on 02/08/2011 10:48:04 AM PST by 9422WMR (Illegal is not a race.)
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To: PGR88

Did the judge comment on this?


8 posted on 02/08/2011 10:48:41 AM PST by Citizen X_Area 51 ( Obama: Our first Halfrican President)
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To: Citizen X_Area 51
The president cannot simply decide who does and does not have to follow the law...

From what I can see, he is doing a pretty damn good job of it. In addition,he has violated the CVonstitution more than all other Presidents combined, and no one in power appears to give a damn.

If the people,Americans, not the parasites that voted for him,do not stop him, he will not stop until the United States is totally and completely destroyed.

9 posted on 02/08/2011 10:50:07 AM PST by sport
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To: Citizen X_Area 51
ALLHESGOT
10 posted on 02/08/2011 10:51:47 AM PST by FrankR (The Evil Are Powerless If The Good Are Unafraid! - R. Reagan)
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To: Izzy Dunne
--- Next time, copy the Whole Link.---

As the saying goes, sometimes **** happens.

11 posted on 02/08/2011 10:52:37 AM PST by Citizen X_Area 51 ( Obama: Our first Halfrican President)
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To: Citizen X_Area 51

Since Obamacare is unconstitutional the waivers are not unconstitutional.

(Administration’s argument in court)


12 posted on 02/08/2011 10:55:54 AM PST by rdax
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To: Citizen X_Area 51
If the term "except" appears anywhere in the text it's up to the administrator of the law to decide if the regulations apply.

I doubt the Democrats forgot to put in "except".

13 posted on 02/08/2011 11:01:46 AM PST by muawiyah
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To: Citizen X_Area 51
I'm surprised that it has taken this long for this issue to be to recognized. I had started to assume that there was simply a waiver clause built into Obamacare and of course that might still be the case.

Does anyone know if there is such a clause?

If there is it probably is still unconstitutional. Without it there is no doubt.

14 posted on 02/08/2011 11:08:03 AM PST by InterceptPoint
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To: Citizen X_Area 51

The Republican elected president in 2012 should simply waive ObamaCare for the rest of America.
THEN work on repealing it.


15 posted on 02/08/2011 11:08:41 AM PST by CivilWarguy
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To: Citizen X_Area 51
The president cannot simply decide who does and does not have to follow the law...

I've been wondering how long it would take for this to become an issue. It obviates the whole "rule of law" concept.

16 posted on 02/08/2011 11:09:28 AM PST by 3niner (When Obama succeeds, America fails.)
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To: Citizen X_Area 51

Good question.

If there is no provision in the law for the issuing of waivers, then selective enforcement would seem to be unconsitutional.

If there is a provision in the law for the issuing of waivers, then the provision should have to specify the reasons a waiver might be granted and those reasons would have to be applied in a fair manner.


17 posted on 02/08/2011 11:13:21 AM PST by DannyTN
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To: Citizen X_Area 51

Yes, the alternative strategy to blow Obama Regulations out of the water is to use them against their allies.

This is much more effective, I don’t know why conservative groups don’t do it more. They feel it is perverse because they don’t support these laws and regulations, but it is necessary to show the public that the weight of these is suffocating to all.

I believe that precedent in the courts could force the courts to rule that New York City under the same logic of denying houses from being built near rivers or introducing wolves to the west must be returned to the wild and the city abandoned.


18 posted on 02/08/2011 11:18:45 AM PST by dila813
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To: Citizen X_Area 51
Someone at NRO has been reading my posts!

http://www.freerepublic.com/focus/f-news/2668752/posts

19 posted on 02/08/2011 11:19:54 AM PST by PhilosopherStone1000 (http://www.freerepublic.com/focus/f-bloggers/2649877/posts)
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To: DannyTN

I agree, as it stands the “waivers” sound like a way for the Obama administration to reward its allies. You put the government in charge of something, and favoritism runs rampant.


20 posted on 02/08/2011 11:19:56 AM PST by DeskCaptain
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