By Unilaterally Changing Obamacare, Obama Is Making A Mockery Of The Constitution

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Obama LaughingSince when can a president change a law all by himself?  By unilaterally declaring that certain provisions of Obamacare will not be enforced, Barack Obama is making a mockery of the U.S. Constitution.  For those that have not read it, the U.S. Constitution says that the president “shall take Care that the Laws be faithfully executed“.  So when Obama declares that he will not enforce certain provisions of Obamacare for a year, he is directly violating the Constitution.  And as Stanford Law School Professor Michael McConnell wrote back in July, the Office of Legal Counsel for the Justice Department “has always insisted that the president has no authority, as one such memo put it in 1990, to ‘refuse to enforce a statute he opposes for policy reasons.’”  This is an open and shut case.  If the U.S. Congress still had a shred of respect for the Constitution, they would immediately demand that Obama enforce the law as written.  If Obama refused, they should immediately impeach him.  We are a country that is run by the rule of law, and just because Obama’s new law completely screws up one-sixth of the economy does not mean that he can unilaterally change it.  In our system, Congress makes the laws and the president enforces them.  If we allow any president to unilaterally change laws whenever he does not like them, then that puts us dangerously close to having a dictator in the White House.


Yes, Obamacare is an absolute nightmare of a law.

Yes, people should be allowed to keep their current health insurance plans.  And Obama should actually be trying to keep his original promise by encouraging Congress to allow people to keep their current health insurance plans permanently.

But if Obama is going to follow the Constitution, then any changes to Obamacare must go through Congress.

He simply does not possess the power to unilaterally change a law by himself.

Does the Constitution matter in America anymore?

Apparently not.

And what Obama is trying to do is not likely to save many health insurance policies anyway.  Marc Thiessen recently explained why this is the case…

For three years, at Obama’s direction, insurers and state regulators have been planning to cancel millions of individual market plans and move those people into the Obamacare exchanges at the end of this year. That process cannot be easily reversed six weeks before the transfer was to take place. Insurers did not negotiate prices with doctors and hospitals, or put plans through the state regulatory process. There is no magic wand the president can wave to suddenly reinstate canceled plans.

If Obama’s fix fails, a humanitarian disaster will ensue. Come Jan. 1, millions of Americans could find themselves without the health coverage Obama promised they could keep. Suddenly, the horror stories we are hearing today of people getting cancellation letters will be replaced by horror stories of cancer patients having their treatment disrupted and sick children being cut off from their doctors and hospitals. The outrage Americans are expressing today will pale by comparison to the outrage that will ensue when people who had insurance before Obamacare can’t get medical care they are accustomed to because they lost their plans.

Obama cannot force insurance companies to go back and sell the old insurance policies to customers that they have already canceled.  And he certainly cannot force state insurance regulators to accept those old plans.  For example, the states of Washington and Arkansas have already announced that they will not be allowing insurance companies to extend their old health insurance plans.  Other states may soon follow.

And as Richard A. Epstein recently noted, many health insurance company executives are absolutely outraged that Obama has now given them a task which will be nearly impossible to accomplish on time…

A major new disclosure program will need to be built from scratch over the Christmas holidays, on top of a reinstatement process that has to overcome huge hurdles within individual companies who have to reprice their revised policies before gaining regulatory approval on a state-by-state basis. No wonder their executives are up in arms.

But even if by some miracle Obama’s “fix” is implemented successfully, there is still the matter that this is completely and totally unconstitutional.  The following is how U.S. Senator Rand Paul expressed his concerns the other day…

Obamacare is not “fixable,” and the president’s administrative attempts to fix it are “unconstitutional,” Sen. Rand Paul (R-Ky.) told Fox News on Monday.

“One of the clear separations of powers was that the legislature was supposed to legislate and the president wasn’t. He’s essentially amended Obamacare maybe 20- some-odd times, and I don’t think he’s allowed to. And so I think it needs to be decided in court,” Paul said.

Yes, this most definitely needs to go to court.

But will it?

Probably not.

Once again the U.S. Congress is going to stand by and watch a president trample all over the Constitution and do nothing about it.

Meanwhile, the reality of how horrible Obamacare is turning out to be continues to sink in.

For example, a 48-year-old single mother that Obama specifically singled out as an “Obamacare success story” is now discovering that she can’t afford her new health insurance policy after all…

The CNN report quotes President Obama as saying, “I recently received a letter from a woman named Jessica Sanford in Washington state. And here’s what she wrote, I am a single mom, no child support, self-employed. and I haven’t had insurance for 15 years because it’s too expensive. I was crying the other day when I signed up, so much stress lifted.”

“But days, just really three days after she was mentioned by the president, Jessica Sanford started having problems, she was receiving letters from the Washington state health exchange,” reports CNN. “The first letter telling her that tax credit was reduced, therefore, increasing the cost of her health care plan and the, take a look at this, then she received a letter just last week telling her that her tax credit had been taken away all together. Show you another document here, showing what the tax credit worked out to be… zero dollars according to this document that was provided to us by Jessica Sanford. She describes all of this as a roller coaster ride. Now she says she can’t afford insurance in Washington state because of the new developments.”

So what do you think of Obamacare so far?

And what do you think of the fact that Obama is blatantly trampling all over the Constitution?

Please feel free to share what you think by posting a comment below…

Obama Laughing

  • jaxon64

    Where is Congress???? They are all being criminally negligent in their duties to control this tyrant!!
    They also took oaths to uphold the constitution and by allowing the President to REPEATEDLY subvert the rule of law–then they become equally culpable.
    It is time for a revolution of the people because it is obvious that we are in a “taxation without representation” scenario again. The blatant disregard for law and the will of the people by those who are supposedly representitives of ours is far worse than what Britain was doing to the colonists…..

    • A Dodgy Bloke

      The problem with Revolution is normally you wind up with a Pol Pot not a Washington or Jefferson when it’s over. Any Revolution in America will wind up like Bosnia +100 it’s nightmare I don’t want to think about. For you under 30’s look up Pol Pot (he was not a nice man.

      • decembre

        Time to get out of USA while you can…

    • Kim

      That’s what I wanna know. Why won’t anyone stop him?

      As for blatant disregard for the rule of law, this is nothing new for this administration. He keeps inching it a little further each time, like a thief, cause he knows no one will stop him.

    • seth datta

      He is just a Puppet. The real tyrants lie behind the scenes, as the financial ‘masters’ are the criminals.

      • Oldphartbsa

        I have no problem with seeing the puppets being burned at the stake or being permanently “hung up” on the nearest street lamp. They benefited while others endured. I have no sympathy for those in power, only contempt.

  • A Dodgy Bloke

    Is anybody surprised? There is rumor running around that O Care is the first step toward a single payer plan. I single payer plan simply is not sustainable with the debt load we have. Nobody can point to a place in the world where a single payer plan works. The stories about Candia are well known. You can make an argument the National Health Service is bankrupting the UK. The papers are full of NHS horror stories of patent abuse, people dying. There was a story where a hospital cooked it’s numbers so cancers patent wait times would look better. Cancer patents are having to wait months for treatment. When the history of this era of American history is written this Administration will go down as the most corrupt since US Grant.

  • Kim

    Muslims are exempt from ACA because, apparently, they don’t believe in insurance. How nice for them.

  • DJohn1

    There is nothing new about any of this except this time it is a Democrat instead of a Republican. George W. Bush did the same thing on less important things. Like changing the health insurance law for Veterans so you are dictated by how much money you make rather than an entitlement because you served your country. That was an executive order. It was kept when Obama became President of this country with no political repercussions. Bill Clinton was not much better. That is one of the real scandals of the executive branch of this country. They have exceeded their authority and intend to do more so.

    The entire idea behind Executive Order is to take an emergency situation and fix it TEMPORARILY, UNTIL the Congress can act because if we don’t then it will have dramatic and terrible results.
    The entire idea behind Executive Orders should be temporary law. It is and never has been meant to be permanent law. The Executive Branch sees that rather differently and they are wrong.
    The military have to remain separate from politics. They have to be above politics. They have to be under the control of the Congress and the President of this country for the security of us all. Congressmen are often investigating allegations against the ruling class of the military which are the officers. Officers can resign. Enlisted personnel cannot. Officers are supposed to be educated in college with a degree in something.

    Some of the finest officers we have ever had in the military did not become officers from a military college. They came from the non-commissioned officer ranks during wartime with battlefield commissions. A lot went back and got that degree and stayed military joining the officer ranks permanently. Above anything else these men served their country professionally. That means staying out of politics while actively military.
    After service a lot of these men served in the Congress and even as President of this country. President Eisenhower was one of those men. We have also had excellent service from the women of this country. Until recently no women have been presidential candidates.
    Many have served both in the ranks and officer class. Many have even made General and administered bases.
    We are all human beings and challenged with doing everything right. No one and I mean no one is perfect.
    The three power structures of our government are meant to balance those imperfections. Between the President, the Congress, and the courts this is supposed to balance out.
    All government is temporary. It is temporary based on the fact that we are all mortal with a maximum lifespan of about 80-120 years. The question becomes what do we as a people allow our governments to do? Right now we have allowed government a lot of rope in which to hang themselves. It seems to be working.
    I suggest we have made a big mistake in hiring that government by restricting it on the state level to either Democrat or Republican. I think we need parties that either change for the good or are taken out of office by the election process. That is currently not happening.
    With the structure we currently have we are all ready in a dictatorship. That dictatorship is the affluence of powerful corporate interests that have a lot of what we have — bought and paid for politicians. Paid for media support that does not give the people the facts but only a severely censored version. Reagan was threatened with media attention if he did not put Bush in as his Vice President. Wonder why that was so important to the Powers That Be? He did and was elected. If he hadn’t, I doubt if he would have been elected.

    Even with this the current version of government cannot help themselves. They, including the executive branch, seem to be addicted to lying to the public. If you want to go after this bunch I wish you luck.
    Right now the only way that might happen is if you have a conflict between powerful influences in government that want the current people out. Don’t really feel that will happen given the current circumstances, but I have been wrong before.
    All of this is class warfare at a level that most people do not even realize is going on. And in a sentence that is why so many people are unemployed. We have class warfare going on in government. The patsy here is the former middle class of this country.
    Not sure what it is going to take to turn this mess around.

  • agglebert

    every president who has used executive orders has committed a crime. please, let’s not blame just this fool. the repubs are just as bad and as a party they have done nothing to stop anything…because they are all in this destruction TOGETHER…WAKE UP! DO NOT VOTE FOR MEMBERS OF EITHER PARTY!!

  • Imaplaneiac

    How many from among the ignorant m-asses who voted for OBEY-me will, now, STILL be foolish enough to sign up for ObamaSnare – especially on-line?!

  • Oldphartbsa

    “We are a country that is run by the rule of law”
    No, we aren’t, not since 2009 and the abolishment of the “Rule of Law” when Chrysler Bondholders were screwed to the betterment of Union Workers.
    That was the day that Contract Law was eliminated by Congress…and the Constitution is a Contract between We The People and the so-called Federal Government.
    The Constitution was annulled by the Federal Government; when are the rest of you going to realize it?

  • W.I. Tobedone

    It is abundantly clear by now that laws do not apply where the POTUS is concerned. EVERYTHING he does is LEGAL – and supported by classified documents written by secret lawyers under stealth of night to protect the national security or some such thing…