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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

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

That would be an excellent payback!!

21 posted on 02/08/2011 11:22:39 AM PST by Citizen X_Area 51 ( Obama: Our first Halfrican President)
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To: Citizen X_Area 51

Sounds a little like some of the arguments during the recount ... equal rights.


22 posted on 02/08/2011 11:23:58 AM PST by BunnySlippers (I love BULL MARKETS . . .)
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To: BunnySlippers

Oops, I meant “equal protection”.


23 posted on 02/08/2011 11:28:59 AM PST by BunnySlippers (I love BULL MARKETS . . .)
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To: InterceptPoint

This bill is mostly made up of the phrase

“at the discretion of the Secretary [of Health and Human Services”.

This is why they didn’t bother reading it. All they needed to know what who gets to decide.


24 posted on 02/08/2011 11:36:02 AM PST by MrB (Tagline suspended for important announcement on my about page. Click my handle.)
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To: 3niner

The “rule of law” interferes with the “discretion” of the elite rulers whose wisdom is so superior that they can know more and know better than the myriad millions of people making their own decisions in their own lives.


25 posted on 02/08/2011 11:42:16 AM PST by MrB (Tagline suspended for important announcement on my about page. Click my handle.)
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To: Citizen X_Area 51

By allowing waivers, the law creates inherent sub-classes of citizens which is in violation of the 14th Amendment.


26 posted on 02/08/2011 11:42:23 AM PST by brothers4thID (http://scarlettsays.blogspot.com/)
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bookmark


27 posted on 02/08/2011 11:51:31 AM PST by Repeal The 17th
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To: Citizen X_Area 51

Our government practices selective enforcement of U.S. law all the time. My company has to comply with immigration law, the competitor down the road does not, and he is ignored. I have to comply with the tax code. Obviously, Charlie Rangel and Timothy Geitner do not. I sort of like the idea of having it written down as to which laws we must comply with and those we can ignore. I have written my senators for an annotated copy of the U.S. Code with an asterisk next to the laws we may ignore. They have not provided it to me yet. Not holding my breath.


28 posted on 02/08/2011 12:12:40 PM PST by Temujinshordes
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To: brothers4thID

“By allowing waivers, the law creates inherent sub-classes of citizens which is in violation of the 14th Amendment.”

And the sick thing is, the people NOT getting waivers are the subclass.


29 posted on 02/08/2011 12:39:32 PM PST by SaxxonWoods (Gone Galt and loving it)
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To: Citizen X_Area 51
[As it happens, waivers have a history. In the Middle Ages, the pope granted waivers, known as dispensations. . .]

These dispensations were exchanged for gifts to the church. Obama’s waivers are being handed out for free.

30 posted on 02/08/2011 12:39:53 PM PST by Brad from Tennessee (A politician can't give you anything he hasn't first stolen from you.)
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To: Brad from Tennessee

Obama’s waivers aren’t being handed out for free.


31 posted on 02/08/2011 12:40:53 PM PST by Brad from Tennessee (A politician can't give you anything he hasn't first stolen from you.)
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To: Citizen X_Area 51

Congress should pass a waiver for every citizen of the U.S.

Obamacare should be waivered to death.


32 posted on 02/08/2011 12:49:38 PM PST by Brett66 (Where government advances, and it advances relentlessly , freedom is imperiled -Janice Rogers Brown)
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To: Citizen X_Area 51

they certainly present a 14th Amendment issue in my view


33 posted on 02/08/2011 1:08:24 PM PST by Buckeye McFrog
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To: InterceptPoint

Weather it is there or not, unconstitutional or not, I think that there is a valid case to be made of influence peddling.
I am sure that some statue under RICO applies since the majority of the recipients of the clauses are Obama supporters.

Remember he did the same thing with the car dealerships when he took over GM? Most of the dealerships that got waivers were democratic supporters.

We need a serious congressional investigation into this corruption. That’s all it is pure and simple is corruption. Chicago politics on a national scale.


34 posted on 02/08/2011 2:45:42 PM PST by Munz (All tyranny needs to gain a foothold is for people of good conscience to remain silent.)
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To: PhilosopherStone1000

GOOD JOB!

Glad that someone picked it up as well.

Wish that the congress would now.


35 posted on 02/08/2011 2:47:00 PM PST by Munz (All tyranny needs to gain a foothold is for people of good conscience to remain silent.)
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To: PhilosopherStone1000

Your thread and my reply at #43


36 posted on 02/08/2011 3:00:05 PM PST by Triple (Socialism denies people the right to the fruits of their labor, and is as abhorrent as slavery)
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To: Citizen X_Area 51
no more than the law itself is... wait a minute
37 posted on 02/08/2011 4:45:26 PM PST by Chode (American Hedonist - *DTOM* -ww- NO Pity for the LAZY)
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To: AdmSmith; AnonymousConservative; Berosus; bigheadfred; ColdOne; Convert from ECUSA; Delacon; ...

Thanks Citizen X_Area 51.
The president cannot simply decide who does and does not have to follow the law...
He can, but by golly, a judge will probably hold him in contempt. The judge won't be the only one.


38 posted on 02/08/2011 8:14:44 PM PST by SunkenCiv (The 2nd Amendment follows right behind the 1st because some people are hard of hearing.)
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To: Citizen X_Area 51

I work for Cracker Barrel and they just sent a letter to all of us employees saying that, under the new health care law they dont have to provide coverage anymore till 2014 but that they got a waiver from the gov, so they will continue to give us the health insurance. They say that inevitably there will be changes but right now they can still offer the same crap they have been offering.


39 posted on 02/09/2011 5:37:53 AM PST by eak3
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To: InterceptPoint
ken5050 wrote:
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.
The big problem is that Congress didn't actually write a law in the Patient Protection and Affordable Care Act. What they wrote was almost 2000 grants of authority to various federal officials (some existing, some new positions) to do whatever they want and call it law.

The law consists mainly of phrases like, "The Secretary may develop guidelines ... ," "The Secretary shall promulgate regulations to ... ," and "the Secretary shall develop standards ... ."

The truly evil parts of this law are yet to be written. They will be written by people who are unelected and do not have to answer to the voters. And then, Congress when they run for re-election in 2012 can say, "I didn't vote for that!!!"

40 posted on 02/09/2011 8:41:57 AM PST by cc2k ( If having an "R" makes you conservative, does walking into a barn make you a horse's (_*_)?)
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