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Obamacare: Can Barack Obama postpone the healthcare mandate without going to the Congress first?

July 3, 2013

 I guess the answer to that question is yes because that is exactly what the Treasury Department did yesterday, but does he actually have the authority to do so? At least one Congressman, Steve King, does not think the Treasury Department (probably acting on the behest of the president) can do this without Congressional approval.

  Here is what he had to say:

“If President Obama wants to make changes to ObamaCare, he must come to Congress,” Rep. Steve King (R-Iowa) said on Wednesday.

“Two years ago, the Obama Administration, through a memo from a Homeland Security Department bureaucrat, declared it would not enforce our nation’s immigration laws. Now the Obama Administration, through a blog post by an Assistant Secretary in the Treasury Department, is declaring it won’t even enforce its own health care law on employers. 

“We live in a Constitutional Republic. We are a nation governed by laws written by Congress, not memos and blog posts written by bureaucrats,” King said.

    Steve King gave us one example of the president acting on his own but there are many more: Barack Obama decided not to enforce DOMA before it was overturned by the Supreme Court, he acted on his own in Libya, Syria, and Egypt, and he is trying to use the EPA to create cap and trade laws which do not exist, so this is not a foreign idea to this president. With the lack of push back from Republicans it is easy to see why he feels he can do whatever he wants to do.

  Barack Obama unilaterally decided to postpone the employer healthcare mandate because he did not want a heated political debate so shortly before the election because it would highlight the failings of the healthcare reform law and possibly hurt the Democrats in the midterm election. He figured that by doing this on his own the issue would fade away into the night with little controversy and would not end up being a campaign issue on which Republicans could gain momentum. And it will fade away if the Republicans fail to act.

  By refusing to enforce the law the Treasury Department is basically rewriting the law and as we all know laws are written and passed by the Congress. That is what happened in this case and Barack Obama signed healthcare reform into law and now he should either live with the consequences or admit his mistake and ask the Congress to fix it for him. But he apparently feels as if he is above that.

  The only question is: will the weak-kneed elitist Republicans in Washington actually try to do something about this or will they do what they usually do and talk a good game while doing nothing about the problem?

  Steve King is only one man, he is going to need quite a bit of help and I wonder if the Republicans are up to the task. The Republicans may feel as if they have more to gain politically by using this issue to attack Barack Obama than they do by fixing the problem and if this is the case they will be putting their political ambitions ahead of the needs of the American people and that really is no better than what the Treasury Department announced yesterday.

18 Comments leave one →
  1. Steven Cornette's avatar
    July 3, 2013 7:17 pm

    I am posting in public I’m boycotting the IRS and Taxes. I will not file anymore. If posting is a legal means for them to implement laws this ought to work for me and not filing taxes anymore. Since I’m self employed and do not deduct taxes this should help me tremendously.

    Like

    • Steve Dennis's avatar
      July 4, 2013 7:12 am

      If the government can change the rules midstream we should be able to as well, but you know how that will work out.

      Like

  2. LD Jackson's avatar
    LD Jackson permalink
    July 3, 2013 8:03 pm

    Seriously, the fact that the Obama administration has changed the law to suit its needs should come as no surprise to anyone. It has been their favorite method of operation since he first took office. No reason to believe he will change his tactics now.

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    • Steve Dennis's avatar
      July 4, 2013 7:13 am

      Yep, standard operating procedure from Obama. He keeps getting away with it so no wonder he keeps doing it.

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  3. Chris's avatar
    Chris permalink
    July 3, 2013 8:12 pm

    But Republicans should give Mr. Obama the legal authority to suspend the mandate—in return for other concessions. In addition to forcing votes on suspending the individual mandate-tax, this could include repealing the medical device tax and other harmful provisions. Democrats will find it hard to defend an individual mandate-tax now that businesses are spared. And a delay of one year can easily become two, then three, and then past the next Presidential election. WSJ 3/7

    Where are our Rep/Conservative leaders? Come on guys pick up the flag and charge forword! Oh! it’s the 4th of July and you have to go all those cook outs and stuff your face. Get a spine and put country first!

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    • Chris's avatar
      Chris permalink
      July 3, 2013 9:38 pm

      You are right Steve the Rep. need to think about the people. The House should immediately put forth a bill to amend the implementation dates. Back the Dem. into a corner make them swallow the posion pill or beat them over the head in the mid-term election

      Like

    • Steve Dennis's avatar
      July 4, 2013 7:14 am

      Yes, it seems as if this is the perfect opportunity to fix at least some of what is wrong in the bill but I am afraid the Republicans don’t really want to do anything other than run against the bill in its current form.

      Like

  4. Petermc3's avatar
    Petermc3 permalink
    July 3, 2013 10:47 pm

    Obama is unopposed in his arrogance so why would he stop now. Neither branch of government has yet take him to task when he has skirted the constitution. He on the verge of acheiving one man rule.

    Like

    • Steve Dennis's avatar
      July 4, 2013 7:15 am

      Exactly Peter, he has been getting away with this for so long is it any wonder why he thinks he can get away with this? Because he can!

      Like

    • Bruce's avatar
      Bruce permalink
      July 4, 2013 2:01 pm

      What stops ANY politician from doing what they want? Opposition! The media? There is no opposition there! The voters? They love this guy! The other party? No respected charismatic representative! The Justice department? Under Obama’s’ control! The Supreme Court? Too weird to figure! The Universities? That is why we are in the mess we are in!
      As you said Petermc3, Obama is unopposed!

      Like

  5. rjjrdq's avatar
    July 4, 2013 12:27 am

    Republicans hold the purse strings and could have starved this monster. Instead they’ll just stand by and watch Obama manhandle them one more time.

    Like

    • bunkerville's avatar
      July 4, 2013 5:56 am

      My thoughts entirely.

      Like

    • Steve Dennis's avatar
      July 4, 2013 7:17 am

      That is right but they won’t do it and I think that is because they would rather keep Obamacare in place so they can run against it in 2014. If they wanted to really do something about Obamacare they wouldn’t keep taking meaningless repeal votes, they would defund it.

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      • Chris's avatar
        Chris permalink
        July 4, 2013 9:06 am

        Defunding OC would shift the blame for the train wreck from the Dem. to the Rep. Now they have been handed a gift on a silver platter. They should say how can you implement only half of the plan. The individual mandate and the employer mandate are joined at the hip. Delaying one without delaying the other is going to cause confusion. The individual will be the loser.

        Instead of employing more IRS agents, the Rep. should push for more ICE and Border Patrol Agents

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      • Steve Dennis's avatar
        July 5, 2013 6:03 am

        Now we will find out if the Republicans are smart enough to take advantage of the opportunity, I don’t think they are.

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  6. Ed Harris's avatar
    July 4, 2013 1:27 pm

    Sadly, by just enhancing HSAs and state high risk pools, we could have saved billions of dollars and provide broader and less expensive healthcare to most consumers.

    It’s hard to turn back but some heave tweaking could make Obamacare a bit more palatable.

    Like

    • Steve Dennis's avatar
      July 5, 2013 6:04 am

      I don’t think it will ever be repealed at this point, it is going to have to be reworked one piece at a time.

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