During the most recent “crisis” in Washington known as the shutdown, we were reminded over and over again that the Affordable Care Act, also known as Obamacare, is the law of the land. That is an absolutely correct statement. It was developed and passed by Congress, and the only way to legally change, alter or modify Obamacare is through Congressional action.
What the Republicans were trying to do during the shutdown is the Constitutional way to change the law, any law. However, President Obama has changed Obamacare numerous times with delays, exemptions, extensions, etc. Every one of those changes is unconstitutional. He has no authority and no Constitutional permission to change a law. Currently, with the problems that the website has, he is going to illegally change the law again, exactly the way the Republicans wanted by delaying the individual mandate. He has already illegally delayed the business mandate. If it was going to take an act of Congress for the Republicans to do it, why does the president believe he can do it by himself? Why does anyone believe he can do it?
Imagine Congress passing a law, the Supreme Court upholding the law, and then the president stating that he doesn’t like part of it and he instructs the IRS and the Department of Justice to not prosecute any violators of the law. This is exactly what he has done. Whether you like Obamacare or not, this is clearly unconstitutional.
If you need another example, you need look no further than our immigration laws. You may be surprised to learn that we do have immigration laws on the books in this nation. However, President Obama disagrees with them and therefore does not enforce them. That has led to, as far as immigration is concerned, literal lawlessness. It doesn’t matter if you think the laws are broken or don’t work. The Constitution clearly states that Congress passes laws and the president, in order to preserve and protect the Constitution, which he affirmed to do in his oath of office, is obligated to enforce them. No president should have the power to pick and choose the laws he will enforce and no president does have that power. The president has recently called the problems in Washington, D.C. a “constant cycle of manufactured crisis and self-inflicted wounds.” The real crisis is staring at us from the White House and no one is looking.
Mark F. Gibson