Monday, December 23, 2013

An Example of how President Obama violates the Constitution and Rules by Executive Fiat

Unions Get Big ObamaCare Christmas Present As Other Self-Insured Groups Get Scrooged 

by Larry Bell, Forbes, 12-22-2013 - As a presumed constitutional scholar, Barack Obama should know that while a president has authority to check the Legislative Branch by recommending legislation to be passed by Congress, or through presidential veto, he or she cannot legislate through executive fiat or pick which parts of the law to comply with or decline. Article 2, Section 3, Clause 5 of our Constitution requires that the president “…shall take care that the Laws be carefully executed.”    It doesn’t limit those laws or encapsulated provisions to the particular ones that he or she likes.

In addition to delaying and rewriting key ACA provisions and carving out a special subsidy for members of Congress, Obama’s latest constitutional violation will exempt unions from a fee the law imposes upon all large group health plans. That provision which appears in Section 1341 (b)(1)(A)  establishes a reinsurance program.... (link)

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