OBAMA'S INSURANCE 'FIX' IS UNCONSTITUTIONAL

Outlets are quoting Democratic operative Howard Dean saying of President Barack Obama suspending certain Obamacare requirements, “I wonder if he has the legal authority to do this.” 

To remove all doubt: The Take Care Clause of the Constitution absolutely forbids any president from doing exactly what Obama did Thursday.

Obama said he would allow insurance companies to keep offering previously-offered insurance plans that Americans would like to keep. Nobody knows if this means all plans, or only some of them, and how the White House will make such determinations. He says he has “enforcement discretion” to make this change to the Affordable Care Act unilaterally, without consulting Congress.

This is a frightening claim of a sweeping power that is completely inconsistent with the Constitution. A president has “prosecutorial discretion” to prioritize which lawbreakers to prosecute in federal court, but there is no “enforcement discretion” to determine which laws on the books he will enforce.

Article II, Section 3 of the U.S. Constitution commands of every president: “he shall take Care that the Laws be faithfully executed.” Like every provision in the Constitution, it has a legal meaning—and that meaning is the Supreme Law of the Land, which Congress, the courts, and—yes—each president is bound by his oath of office to follow carefully.

Everyone should know from their high-school government classes that Article I of the Constitution gives Congress exclusive power to make federal laws, and Article II of the Constitution gives the American president the executive power to administer and enforce those laws. Article II then includes the language about how the president must faithfully execute those laws.

Among other things, the Take Care Clause was inserted in the Constitution to abolish the Royal Prerogative that the Framers of the American Constitution knew from their lives as Englishmen. It was the power of the king of England to disregard or effectively suspend Acts of Parliament. The king could not make laws, but he could shelve a law that Parliament had passed.

Via: Breitbart

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Four Legal Arguments Why ObamaCare is Bad Law & Ought be Overturned

When it became obvious on the day of ObamaCare’s premier that the Internet websites did not work, some were wildly disappointed, others angry, while another group heaved a sigh of relief.  The fact that the legislation may not be fully available for months, or years, gives Americans a unique opportunity to review and potentially revoke this law. So we now have a chance at congress’ equivalent of a mulligan—a do over to right any obvious wrongs. So what would such bad elements be?

Following is a list of four possible arguments to fight the case at court, in the legislature or in the court of public opinion. The notion that the people must accept all laws no matter how they were passed, or how injurious to the populace, or damaging to the economy, no matter the morality— is a patent fiction. No bad law should be allowed to stand on the fact that it is the result of a technicality, accident or bad deed, which lead to its imposture, and therefore, we must just learn to live with it. In fact, our Common Law heritage always taught that an unjust law is no law at all. Further, it also taught that citizens had a duty to defy unjust laws in the name of upholding liberty.

This is America, the most generous, noble and free society in the history of the world. We have a right and a duty to demand the best government and laws. This will allow us freedom to be the leaders of the world, not slaves under the yoke of an all-powerful, rapacious and blind government.

1. Unpopular: It Violates Declaration’s Government by “Consent of the People”

2. Sold by Lies: An Utterly Misleading Campaign for a Passed Law is Illegal

3. Doctrine of Impossibility: Agreements Impossible to Fulfill are Null & Void

4. Public Policy Against Waste: ObamaCare Will Destroy Economy

Conclusion: An Unjust Law is No Law at All

Via: Canada Free Press

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