executive fiat

Obamacare’s Employer Mandate Delays Head-to-Head

“[The President] shall take care that the laws be faithfully executed…” — Article II, Section 3 (The Faithful Execution Clause)

Yesterday’s announcement of additional Obamacare employer mandate delays offers us yet another occasion to turn to actual the law passed by Congress.  When the four statutory Obamacare provisions below are viewed head-to-head against the new Obama Administration/IRS regulatory guidance, it’s clear that one of these things is not like the other.

EXHIBIT I: EFFECTIVE DATE

Statutory Authority - PPACA Section 1513(d):

(d) EFFECTIVE DATE.—The amendments made by this section shall apply to months beginning after December 31, 2013.

Obama Administration/IRS - Preamble to the February 10, 2014 Final Regulations (Page 106):

Section 1513(d) of the Affordable Care Act provides that section 4980H applies to months after December 31, 2013; however, Notice 2013-45, issued on July 9, 2013, provides as transition relief that no assessable payments under section 4980H will apply for 2014…Notice 2013-45 provides that the employer shared responsibility provisions under section 4980H (and the information reporting provisions) will become effective for 2015.

Democrats In Name Only

Democrats

A frequent epithet thrown around on the right is “RINO!,” Republican In Name Only, meaning that the target calls themselves a Republican but isn’t ideologically or even tactically dedicated to the party’s platform. The irony is that the such intraparty purity tests distract from the real political target: DINOs, Democrats In Name Only.

Over the last few years, our friends on the left have become increasingly brazen about how little they value actual democracy. They may be called “Democrats”, but their latent fetish for (benevolent?) autocracy and fascism (minus the mass graves…mostly) belies the name. Just last night the President “joked” about eliminating the legislative branch of our government, and on cue his Volk brayed and whinnied at the idea:

Once again, laws don’t matter to Obama

President Obama clearly believes what Nixon once said, that if the president does it, it’s not illegal.  Now, he’s trying to circumvent the law that helps protect patient privacy in order to restrict millions of Americans from buying firearms.

From Reuters:

President Barack Obama said he wants to see state governments contribute more names of people barred from buying guns to the database, part of a sweeping set of executive actions he announced after a gunman killed 20 children and six adults at Sandy Hook Elementary School in Newtown, Connecticut, in December.

The database, called the National Instant Criminal Background Check System, or NICS, is used by gun dealers to check whether a potential buyer is prohibited from owning a gun.

States are encouraged to report to the database the names of people who are not allowed to buy guns because they have been involuntarily committed to a mental hospital, or have been found to have serious mental illnesses by courts.

Many states do not participate. So the administration is looking at changing a health privacy rule - part of the Health Insurance Portability and Accountability Act (HIPAA) - to remove one potential barrier.

Here’s the problem with that.  You see, the law actually prevents people who have been adjudicated from owning firearms.  It says nothing about specific diagnosis.  It requires a court to determine an individual is unfit to own firearms.

President Obama seeks to skirt two laws in one fell swoop.

Unsurprisingly, gun rights advocates have reacted, sending thousands of letters to the Health and Human Services Department.  However, the department also received a number of comments from health professionals.

McConnell slams Obama’s war on coal

The coal industry is a pretty big deal in several states that could serve as electoral battlefields next year. Kentucky is among them.

Even though Democrats believe that have a chance to pickoff Senate Minority Leader Mitch McConnell next year, President Barack Obama handed him a huge gift last week when he rolled out his anti-consumer energy plan, which is being labeled by opponents as a “war on coal.” Sen. Joe Manchin, a Democrat from West Virginia, another coal producing state, took it even further, calling President Obama’s a plan a “war on America.”

McConnell is seizing on President Obama’s energy plan, which completely bypasses Congress. In an op-ed to the Hazard Herald, a Kentucky-based newspaper, the Senate Minority Leader slammed the “barrage of job-killing regulations” pushed by the Obama Administration and warned Democrats of alienating “entire regions of the country” with the new environmental regulations.

Rand Paul seeks to stop Obama’s executive orders

Rand Paul

Earlier this week, Sen. Rand Paul (R-KY), son of former Rep. Ron Paul (R-TX), slammed over the measures President Barack Obama planned to take in what the White House claimed was an effort to curb violence.

During the interview with the Christian Broadcasting Network, Sen. Paul explained, “I’m against having a king,” adding that a president who creates law by executive fiat is runs counter to the government formed by the Founding Fathers. “I think having a monarch is what we fought the American Revolution over and someone who wants to bypass the Constitution, bypass Congress — that’s someone who wants to act like a king or a monarch.”

Sen. Paul warned that the White House would have a fight on his hands if he signed any executive orders that bypassed Congress. On Thursday, the day after President Obama’s press conference where he announced that he would sign 23 executive orders dealing with guns, Sen. Paul announced that he would introduce legislation to protect the Second Amendment from executive fiat:

As published by Talking Points Memo, here are his intentions in what he calls the “Separation of Powers Restoration and Second Amendment Protection Act.”

Paul says his legislation will declare that “Any executive order by President Obama infringing on the Second Amendment rights of all Americans would be declared null and void” and “would prohibit federal funds to implement President Obama’s executive orders impacting the 2nd Amendment.”

Obama introduces executive orders that wouldn’t have stopped Sandy Hook

Barack Obama

Flanked by children during a press conference earlier today, President Barack Obama introduced a series of executive orders — completely bypassing Congress — that he says will reduce gun violence in the United States:

President Barack Obama on Wednesday announced what he called a “common sense measures” plan to reduce gun violence, including legislation for a universal background check and new bans on assault weapons and high capacity magazines.

He also initiated 23 executive actions aimed at improving background checks, school security and mental health care, in an effort to go around Congress wherever possible.

“I intend to use whatever weight this office holds to make them a reality,” Obama said in the Eisenhower Executive Office Building, joined by survivors of gun violence and several children who had written to him after the December shooting in Newtown, Conn. “If there’s even one thing that we can do to reduce this violence, if there’s even one life that can be saved, then we have an obligation to try. And I’m going to do my part.”

President Obama also on Congress to pass other measures, including the assault weapons ban and limited magazines to 10 rounds. All of the measures — executive orders and the legislation that will be introduced in Congress — have been outlined in a document from the White House, which you can read here.

Obama’s gun control agenda becomes more clear

The meeting yesterday between Vice President Joe Biden’s gun control task force and the National Rifle Association didn’t go that well. Biden is expected to hand his recommendations to President Barack Obama on Tuesday, who will, in turn, push for legislation from Congress to enact them.

In addition to reintroducing the assault weapons ban and trying to eliminate the so-called “gun show loophole,” Biden laid down some of the policies that will be pursued by the White House in Congress in the coming days:

Biden gave the most detailed description so far of what his panel will propose, telling sporting groups at the start of their session that there is broad consensus among those he has surveyed to require background checks on all gun purchases and to restrict the amount of ammunition that can be included in a gun magazine.

After the meeting the NRA issued a statement explaining, “While claiming that no policy proposals would be ‘prejudged,’ this Task Force spent most of its time on proposed restrictions on lawful firearms owners — honest, taxpaying, hardworking Americans.”

Some may be questioning why the NRA even entertained the White House when the outcome was so obvious. From a standpoint of public perception, it’s not like they had much of a choice. If they didn’t go, it would look like they weren’t even interested in a discussion. But if they did go, they provided the White House with a talking point that they had “met with the NRA.” It was a lose-lose for them.

The Imperial Presidency, Round #43917

So Senator Mitch McConnell has released a “solution” to the debt ceiling crisis. Jason has already jumped on this topic, but I feel the need to add my own two cents. For me, the crucial portion of this non-solution is that it gives additional power to the White House, and perpetuates a seeming tradition of Congress abdicating responsibility that we’ve seen over the past decade.

The entire deal punts the debt and spending over to the President. Essentially, he decides to raise the debt limit. While Congress can pass a “bill of disapproval” with a two-thirds majority, the President can simply veto, which would then require a 2/3 vote to override. The plan would also require the President to make spending cuts roughly equal to the increase in the debt limit (as I understand it.) Yet there is no enforcement mechanism that I can see to ensure he does so. What would Congress do if he raised the debt limit with no corresponding cut in spending? Stamp their feet? It might be all they can do.

Haven’t we seen enough power consolidated in the Oval Office yet?

I mean, the President can assassinate people with a drone without so much as a whoopsie-daisy; have anyone imprisoned on suspicion of terrorism and interrogated; can have a lovely jaunt off to war and only send Congress a politely-worded letter; formulate budgets and tax policy while merely requesting Congressional approval; through executive agencies and department make and enforce law without a vote; and now we’re going to give him the power to unilaterally raise the debt limit with requirements that are so wishy-washy they make Natty Light look good?

Arrogant Obama asks cabinet members to come up with even more “creative” ways to get around the Constitution

President Barack Obama is doubling down on his use of executive power. He met with his cabinet yesterday and asked them to come up with “creative” ways to get around Congress to enact the administration’s agenda:

“You’ve already seen the power of some of our executive actions making a real difference for ordinary families,” Obama said at a White House meting. “We’re going to have to be creative about how we can make real progress.”

The president is increasingly relying on executive orders and regulatory moves to move his agenda, despite opposition from House Republicans, who have threatened to sue him over his executive actions, and the Supreme Court, which ruled last week that Obama’s recess appointments were unconstitutional.
[…]
He cast his actions as a response to voters who elected him in 2012.

“The people who sent us here, they just don’t feel as if anybody is fighting for them or working them,” he said. “We’re not always going to be able to get things through Congress … but we sure as heck can make sure that the folks back home know that we are pushing their agenda and that we’re working hard on their behalf.”

And there it is. That last point. President Obama seems to believe that he was the only person on the ballot in 2012 and, because he beat Mitt Romney, deserves anything and everything he wants. Nevermind that voters also elected a Republican majority in the House of Representatives, thereby endorsing a divided government.

Ted Cruz slams Obama’s “pattern of lawlessness”

Ted Cruz

Sen. Ted Cruz (R-TX) has taken aim at President Barack Obama’s “lawlessness” in a four-part series documenting instances in which his administration has defied constitutional limitations on executive power.

Cruz, a member of the Senate Judiciary Committee, released the first part of the series, entitled The Legal Limit, in April 2013. The inaugural report slammed the Justice Department’s “radical theory of sweeping federal power,” outlining nine court cases in which the Supreme Court rejected the administration’s overreach.

The second report, released in December, highlighted the administration’s unilateral, unlawful enforcement delays of Obamacare provisions. Cruz also notes that Obamacare violates the Constitution’s Origination Clause, a requirement that tax bills originate in the House, and expansion of the employer mandate outside of the text of the law.

Cruz’s office released the third report in February. Its focus is on the administration’s “assault on Texas,” pointing to various federal laws and regulations that infringe upon the state’s sovereignty.

 


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