Krauthammer: Not enforcing Obamacare employer mandate ‘unconstitutional’ | TigerDroppings.com

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Krauthammer: Not enforcing Obamacare employer mandate ‘unconstitutional’


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On Tuesday’s broadcast of Fox News Channel’s “The O’Reilly Factor,” Washington Post columnist Charles Krauthammer called President Barack Obama’s 2010 health care reform law a “bait and switch” and said the administration’s recent move to delay the employer mandate is unconstitutional.

Elaborating on a claim he made earlier in the week, Krauthammer explained that the postponement of certain provisions of the law — including the delay until 2015 of the requirements that employers provide coverage to employees and that beneficiaries show proof of income — creates more problems.

“Look, the promise of this president was Obamacare won’t cost a penny now,” Krauthammer said. “Anybody who’s got a mind would understand if you’re going to give health care to 30 million people who haven’t had it — there is no free lunch. But he kept pretending and they kept putting provisions in the law that would make the CBO create estimates on these provisions that would show that it would pay for itself. Now a lot of them have already been completely discounted. Now, one of them is this employer mandate. That was supposed to be a source of revenue. Well lo and behold we’re not going to have that.”

The administration announced early this week that it would also suspend a requirement that people seeking taxpayer-subsidized health care prove financial need. This change is said to make it easier for those in need of subsidies to purchase health insurance at exchanges created by the law, but Krauthammer pointed out that it is an open invitation to fraud.

“There have been other elements of the law,” he continued. “For example, if you want to be eligible for the government subsidies of this health insurance from the exchanges you have to prove that you’re eligible. Well that was tossed out last week as well. So, on one side we’re getting less revenue. On the other side we’re going to get huge amounts of waste and fraud. We know the costs are escalating. And we know it’s going to cost a fortune to the Treasury and we’re going to have to raise taxes and that’s the bait and switch.”

Krauthammer went on to speculate the “mathematically impossible” law would lead to a hike in taxes and perhaps even a valued-added tax. But he added that it is unconstitutional for the Obama administration to announce it is not going to enforce a key provision of an existing law — the employer mandate provision.

“Of course it’s unconstitutional,” he said. “The Constitution says the executive has to faithfully execute the laws and here it is faithfully ignoring a law it doesn’t like in the same way it wantonly passed the DREAM Act unilaterally — an act that the Congress had rejected. It is absolutely lawless in the things it does. This is only the latest example.”



I actually believe Krauthammer has a point about selectively enforcing parts of the law. It's up to legislative branch to create law and the executive branch to enforce it. Legally, how can you stop the President from doing this? If he is doing something illegal then who can technically stop him, the courts?



This post was edited on 7/10 at 12:16 pm



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RockyMtnTigerWDE
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re: Krauthammer: Not enforcing Obamacare employer mandate ‘unconstitutional’


Forward...Welcome to the healthcare act that pummels Americans into deep taxation.

No one on the left would listen. Now they just offer spin, lies, deceit, and excuses for this bill and Obama.






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Homesick Tiger
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re: Krauthammer: Not enforcing Obamacare employer mandate ‘unconstitutional’


I've been asking this since day one.





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Quidam65
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re: Krauthammer: Not enforcing Obamacare employer mandate ‘unconstitutional’


quote:

Legally, how can you stop the President from doing this? If he is doing something illegal then who can technically stop him, the courts?


Somebody would have to file suit, but that "person" (including corporation, association, etc.) would have to have "standing" to sue.

Conservative groups have a dilemma: they don't want the mandate enforced as they generally oppose ObamaCare. So would they sue to enforce on the basis of principle and against their interests?

Liberal groups have a similar dilemma: they want the mandate enforced as they generally support the concept of government-provided health care. But would they sue to enforce, and then set a precedent of implementing laws by fiat that could be used against them (say, NSA snooping)?






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GumboPot
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re: Krauthammer: Not enforcing Obamacare employer mandate ‘unconstitutional’


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If he is doing something illegal then who can technically stop him, the courts?



Congress.

But they don't have the political will.






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FalseProphet
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re: Krauthammer: Not enforcing Obamacare employer mandate ‘unconstitutional’


Well, I'm somewhat torn on this. The executive branch is the only branch that has the power to enforce the law, so it is within their purview to enforce the law.

I mean, when Obama was touting that he wouldn't prosecute certain drug crimes, people loved it (although it was ultimately a lie).

I also really liked it when he refused to really defend DOMA.

It's an all or nothing thing to me. Either the president has discretion to prosecute, or he doesn't. I don't know which way I lean.






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oklahogjr
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re: Krauthammer: Not enforcing Obamacare employer mandate ‘unconstitutional’


I'd like for Obama to address the nation and explain why the law he wanted passed so bad that he made a split second executive order to appease some pro life democrat from michigan for a vote needs to not be enforced. If the law is good for the country fine then enforce it, if you know it's detrimental then he should be expected to answer for it. Either way i'd like an explanation but we'll never get one because he'd have to admit that the law was a bad idea.





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dominustd
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re: Krauthammer: Not enforcing Obamacare employer mandate ‘unconstitutional’


quote:

I actually believe Krauthammer has a point about selectively enforcing parts of the law.


Major corporations who wanted this shite now don't want to pay their share. frickers!

Corporatists are a lousy bunch.






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Teddy Ruxpin
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re: Krauthammer: Not enforcing Obamacare employer mandate ‘unconstitutional’


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It's an all or nothing thing to me. Either the president has discretion to prosecute, or he doesn't. I don't know which way I lean.


If the President can willfully ignore enforcing the laws of Congress then what is the point of Congress passing laws?

Seems to be pretty easy to me, but I haven't really looked into the legal shite we've probably added to this over the last 60 years.






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oklahogjr
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re: Krauthammer: Not enforcing Obamacare employer mandate ‘unconstitutional’


quote:

If the President can willfully ignore enforcing the laws of Congress then what is the point of Congress passing laws?


if congress decides not to pass any laws what is the president supposed to enforce.


The whole system is dependent on all three branches showing up for work... I don't know that it was planned for one branch to just say frick it i'll take 8 years off selectively depending on when it's convenient.






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Homesick Tiger
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re: Krauthammer: Not enforcing Obamacare employer mandate ‘unconstitutional’


I wonder what Hillary's take is on all this? Delayed, not delayed. She'll probably be the one catching hell, rightfully so, when this ACA shite sinks like a one egg pudding.





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Interception
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re: Krauthammer: Not enforcing Obamacare employer mandate ‘unconstitutional’


quote:

Well, I'm somewhat torn on this. The executive branch is the only branch that has the power to enforce the law, so it is within their purview to enforce the law.

I mean, when Obama was touting that he wouldn't prosecute certain drug crimes, people loved it (although it was ultimately a lie).

I also really liked it when he refused to really defend DOMA.

It's an all or nothing thing to me. Either the president has discretion to prosecute, or he doesn't. I don't know which way I lean.


I'm so confused on this issue. I believe the founding fathers would be troubled by a President that picks & chooses the laws he wants to enforce. They would also be surprised how little oversight congress gives the executive branch. I'm not trying to necessarily single Obama out on this but just look at the overreach of the executive branch in the past 30 years.






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Navytiger74
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re: Krauthammer: Not enforcing Obamacare employer mandate ‘unconstitutional’


quote:

I actually believe Krauthammer has a point about selectively enforcing parts of the law. It's up to legislative branch to create law and the executive branch to enforce it. Legally, how can you stop the President from doing this? If he is doing something illegal then who can technically stop him, the courts?


You start some really great threads here. I mean that.

This is actually a very important, but contemporarily impractical constitutional question. Obviously summons memories of the line-item veto, which I supported (as much as a middle-schooler can support anything).






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Teddy Ruxpin
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Member since Oct 2006
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re: Krauthammer: Not enforcing Obamacare employer mandate ‘unconstitutional’


quote:

The whole system is dependent on all three branches showing up for work...


Exactly. It seems the three branches are more concerned about growing their fiefdoms than checking and balancing one another, with the occasional spat when two hands try for the same cookie jar.






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tigeraddict
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re: Krauthammer: Not enforcing Obamacare employer mandate ‘unconstitutional’


say this congress passes legislation granting amnesty to illegals and in 2020 they will be come citizens.

but a republican take s office in 2016 and again in 2020 and says they are not ready to process the paperwork and push it back...


would those supporting the presidents ability to delay for obamaCare also support a republican power to do the same against immigration?

IMO, the power of the presidency has expanded over the past 4 years, and i dont care what party is in power i dont like the executive branch having that much power....



This post was edited on 7/10 at 12:40 pm


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GoBigOrange86
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re: Krauthammer: Not enforcing Obamacare employer mandate ‘unconstitutional’


quote:

I believe the founding fathers would be troubled by a President that picks & chooses the laws he wants to enforce.


These issues have come up now and again. There used to be a pretty standard presidential practice called "impoundment," where the president could refuse to spend money that Congress had appropriated. It was generally done for very limited amounts of money, but Richard Nixon started impounding an awful lot of what the Democrats in Congress wanted to spend, so Congress passed a law forbidding this.

The controversy came up again with George W. Bush's signing statements, wherein he identified portions of the law that he thought were unconstitutional and declined to consider them legally binding.

It also comes up with the War Powers Resolution; technically, presidents are supposed to notify Congress within 48 hours of any military action and then withdraw within 60-90 days pending congressional reauthorization. It is never enforced, though.






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Lsut81
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re: Krauthammer: Not enforcing Obamacare employer mandate ‘unconstitutional’


quote:

Krauthammer: Not enforcing Obamacare employer mandate ‘unconstitutional’


I agree... The law was passed by the Legislature and signed into law. (Like it or not) The President cant pick and choose to change it without going through Congress again.

Especially since the "Sell" of the bill was it being "deficit neutral" (even though it really wasn't because the numbers were fudged) and the delay of this mandate throws all of the other number off.







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Navytiger74
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re: Krauthammer: Not enforcing Obamacare employer mandate ‘unconstitutional’


quote:

I agree... The law was passed by the Legislature and signed into law. (Like it or not) The President cant pick and choose to change it without going through Congress again. Especially since the "Sell" of the bill was it being "deficit neutral" (even though it really wasn't because the numbers were fudged) and the delay of this mandate throws all of the other number off.


All modern presidents have exercised broad discretion in the enforcement of laws. Not saying they should, but apparently they can. I specifically mentioned the line-item veto, which received broad support but was ultimately struck down. Another poster mentioned impoundment (which somehow slipped my mind). Even without those tools, the president's people run the government. There's no way of avoiding some level of interpretation and discretion.






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Homesick Tiger
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re: Krauthammer: Not enforcing Obamacare employer mandate ‘unconstitutional’


Sometimes I think those on the right won't fight it too hard in hoping somewhere down the road they will be able to do the same thing since a precedent will be established.





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S.E.C. Crazy
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re: Krauthammer: Not enforcing Obamacare employer mandate ‘unconstitutional’


Sure it is, this POS thinks he is a king.





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