Legal Scholar: Changes Made by Obama to the ACA are Unconstitutional

[WelfareQueen]

This latest move by Obama is so sad and pathetic, as well as being transparently political and unconstitutional. His latest move to try to fix one of his many previous lies sinks him to a new low. Here is a key quote from a legal scholar. Even Howard Dean is questioning the legality of the move. Poor, poor Obummer.


“The president certainly has some regulatory and prosecutorial discretion in how he executes the law, but he has no legislative power,” Corbin said. “If his actions in this case (waiver, extensions, etc.) amount to him becoming a lawmaker rather than a law executor, they are unconstitutional.”

Though the Constitution is clear that “all legislative powers” belong to Congress, Corbin said it sometimes comes down to how those in power choose to “interpret” the law.

“I’m not sure he will be able to get away with it in this case because I think people are going to understand that if you are going to remove the law of any legal standing by having the enforcement mechanisms or the penalties stripped out, then what is the law?”
the professor added.


Here is the link to the full article. Obama to Alter Parameters of Obamacare Yet Again ? Does He Have the Authority to Unilaterally Change Laws Passed by Congress? | TheBlaze.com

 

[Claudette]

I agree.

How can someone decide that the law of the land, i.e. the ACA, can be put aside because jackass and the Dems are covering their asses??

How can they tell insurance companies to set aside that law??

If I were the insurance companies I'd tell em to pound fucking sand.

 

[The Rabbi]

That there is no outrage on this point is itself an outrage.

 

[Steven_R]

Doesn't matter. Obamacare WILL go forward, no matter what. John "Fuck Be Upon Him" Roberts saw to that. Even if this issue goes to the Supreme Court, they will do anything to make sure Obama and Roberts' legacies will be intact.

The Constitution? That old thing?

 

[CrusaderFrank]

Legal Scholar: if you're a racist, changes Made by Obama to the ACA are Unconstitutional

 

[KokomoJojo]

This latest move by Obama is so sad and pathetic, as well as being transparently political and unconstitutional. His latest move to try to fix one of his many previous lies sinks him to a new low. Here is a key quote from a legal scholar. Even Howard Dean is questioning the legality of the move. Poor, poor Obummer.


“The president certainly has some regulatory and prosecutorial discretion in how he executes the law, but he has no legislative power,” Corbin said. “If his actions in this case (waiver, extensions, etc.) amount to him becoming a lawmaker rather than a law executor, they are unconstitutional.”

Though the Constitution is clear that “all legislative powers” belong to Congress, Corbin said it sometimes comes down to how those in power choose to “interpret” the law.

“I’m not sure he will be able to get away with it in this case because I think people are going to understand that if you are going to remove the law of any legal standing by having the enforcement mechanisms or the penalties stripped out, then what is the law?”
the professor added.


Here is the link to the full article. Obama to Alter Parameters of Obamacare Yet Again ? Does He Have the Authority to Unilaterally Change Laws Passed by Congress? | TheBlaze.com

Though the Constitution is clear that “all legislative powers” belong to Congress, Corbin said it sometimes comes down to how those in power choose to “interpret” the law.

Wait a second here, what gives those in power more right (unequal rights) to "interpret" the law than me? If the law is not clear it should be made clear by the agency that created it.


“I’m not sure he will be able to get away with it in this case because I think people are going to understand that if you are going to remove the law of any legal standing by having the enforcement mechanisms or the penalties stripped out, then what is the law?” the professor added.

But its done to the constitution all the time!
Legal standing and the enforcement mechnisms are 2 entirely different things. One is the ability to bring suit within the juridiction and partys acknowledged by the court and the other is the police state to enforce the decision of the court.
These people throw everything in one basket, highly unlikely a legal scholar wrote that and it has nothing to do with partys.

Oh and btw, that unfortunately is the way it is done, at most levels now days. They circumvented procedure and agencies are allowed to make regulations in america that stand as law and enforce them and the only way you can change it is to sue the government, hence no one wants to get tied up in court and have the cost burdens and just pay the fines instead. Any and all persons that fall under the jurisdiction of these laws should have completely free legal services if they want to operate like that so they can bear the costs of the mess they create with their screwing around. That is the only way to get the attention of the public who is not paying attention. (when its time to pay the bill) This mostly goes unoticed because people usually have attorneys handle it and they never see the mechanics of it, however in some jurisdictions there are as many as 20% pro se cases, (non attorney), and these people find themselves buried in their "interpretations" of the law. Its criminal.

 

[Freewill]

I am so sick of this clusterf..k I think I will need Obamacare.

Really I am sick of it. It is one thing if they forced something upon me that was understandable that I didn't like. But this is a total clusterf...k. I am not sure what is to do or even whom to talk to. I know that my company said good bye to health care in 2014 so I guess I got a year for the idiots to come up with something but I bet I don't like it.

Obama is becoming dictator in chief changing laws at his whim.

 

[JakeStarkey]

Legal Scholar: Changes Made by Obama to the ACA are Unconstitutional

No legal scholar of consequence writes for an organ like TheBlaze.com

 

[TemplarKormac]

Legal Scholar: Changes Made by Obama to the ACA are Unconstitutional

No legal scholar of consequence writes for an organ like TheBlaze.com

Really? Now just where would you derive such a notion? So are you saying that simply because he wrote for a publication you don't like that it somehow diminishes his knowledge of the Constitution?

 

[B. Kidd]

Scalia hits nail on head, big-time......

[ame=http://www.youtube.com/watch?v=DTRe5xDLfXw]Justice Antonin Scalia: The US Constitution is 'Dead' - YouTube[/ame]

 

[Moonglow]

The former House of rep chief, Newt Gingrich was on CNN stating that the president has the ability to alter the law.

 

[Moonglow]

Scalia hits nail on head, big-time......

Justice Antonin Scalia: The US Constitution is 'Dead' - YouTube

Then why did he uphold the ACA?

 

[WelfareQueen]

Legal Scholar: Changes Made by Obama to the ACA are Unconstitutional

No legal scholar of consequence writes for an organ like TheBlaze.com

Ah....Jake....King's College is Columbia Law School. Is that reputable enough for you?

 

[WelfareQueen]

The former House of rep chief, Newt Gingrich was on CNN stating that the president has the ability to alter the law.

Funny, Gingrich is not a lawyer. How would he know?

 

[Moonglow]

The former House of rep chief, Newt Gingrich was on CNN stating that the president has the ability to alter the law.

Funny, Gingrich is not a lawyer. How would he know?

experience in Congress? Plus he is majored in political science.

 

[The Rabbi]

The former House of rep chief, Newt Gingrich was on CNN stating that the president has the ability to alter the law.

I'll bet he did not in fact say that. Another misunderstanding/fabrication.

 

[The Rabbi]

Scalia hits nail on head, big-time......

Justice Antonin Scalia: The US Constitution is 'Dead' - YouTube

Then why did he uphold the ACA?

Because he didnt?

 

[Edgetho]

I think da Jooooos did it.

Or was that the Tea Party?

Whatever

 

[Zander]

This will open the door to court challenges.

 

[Procrustes Stretched]

This latest move by Obama is so sad and pathetic, as well as being transparently political and unconstitutional. His latest move to try to fix one of his many previous lies sinks him to a new low. Here is a key quote from a legal scholar. Even Howard Dean is questioning the legality of the move. Poor, poor Obummer.


“The president certainly has some regulatory and prosecutorial discretion in how he executes the law, but he has no legislative power,” Corbin said. “If his actions in this case (waiver, extensions, etc.) amount to him becoming a lawmaker rather than a law executor, they are unconstitutional.”

Though the Constitution is clear that “all legislative powers” belong to Congress, Corbin said it sometimes comes down to how those in power choose to “interpret” the law.

“I’m not sure he will be able to get away with it in this case because I think people are going to understand that if you are going to remove the law of any legal standing by having the enforcement mechanisms or the penalties stripped out, then what is the law?”
the professor added.


Here is the link to the full article. Obama to Alter Parameters of Obamacare Yet Again ? Does He Have the Authority to Unilaterally Change Laws Passed by Congress? | TheBlaze.com

Reality bites...

Presidents/Executive Branch has administrative powers and that also causes disputes with the Legislative branch ... been happening since Adams and Jefferson had their pissing contest.