Obama Violates Oath/Constitution in Implementing Obamacare

The Constitution requires the president to take an oath or affirmation that says: “I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.”

Article II, Section 3 says, “He shall take care that the laws be faithfully executed.”

In his unequal and discriminatory implementation of the Patient Protection and Affordable Care Act (aka Obamacare), President Barack Obama is now violating both his constitutional oath of office and his constitutional duty to faithfully execute the laws.

The Obamacare law mandates that individuals must maintain health-insurance coverage for themselves and their dependents or pay a penalty. Similarly, it requires employers with 50 or more full-time workers to provide those workers with health-insurance coverage or pay a penalty.

The separate sections of the law spelling out these two mandates conclude with identical language: “The amendments made by this section shall apply to periods beginning after December 31, 2013.”

For Obama to fulfill his constitutional oath of office and faithfully execute the Obamacare law, he would need to take care that his administration enforced this statutory Dec. 31, 2013, health-insurance deadline on both individuals and employers.

But Obama is not going to do that.

On July 2 — while Congress was out of town for the July 4 holiday — a Treasury Department bureaucrat posted a blog on the department’s website announcing that the administration was not going to enforce the legal deadline on employers. It said nothing about suspending the deadline for individuals.

In other words, the administration would not apply the law equally on individuals and businesses.

“The administration is announcing that it will provide an additional year before the ACA mandatory employer and insurer reporting requirements begin,” wrote Assistant Treasury Secretary for Tax Policy Mark J. Mazur.

Again, the law says: “The amendments made by this section shall apply to periods beginning after December 31, 2013.” But the bureaucrat declared: “The administration is announcing that it will provide an additional year …”

Which trumps which: the law or the assistant secretary’s blog posting? Clearly, the Obama administration believes its bureaucratic dictates can overrule the law.

It is not difficult to discern Obama’s political rationale for declining to faithfully enforce his own health care plan. Enforcing the legally mandated Dec. 31 health-insurance deadline on businesses could be disastrous for the president’s allies in the 2014 midterm elections. That, in turn, could set back Obama’s efforts to keep Obamacare from being repealed.

To save his law, he must not fully enforce it — now. He must only fully enforce it when the chance that the people could achieve its repeal through the processes of representative government has been attenuated as much as possible. That is why Obama and his allies originally wrote the deadlines of Dec. 31, 2013, directly into the black letters of the law. They thought that was safely after the 2012 elections.

But December 2013 turned out not to be as safe as they originally calculated.

The Bureau of Labor Statistics (BLS) reports that the national unemployment rate was 7.6 percent in June — the same as it was in May. That makes 54 straight months — beginning in January 2009, when Obama first took his oath of office — that unemployment has remained at 7.5 percent or higher.

That is by far the longest stretch of 7.5-percent-plus unemployment since the BLS started keeping unemployment statistics in 1948. The second-longest period was only 32 months. Obama has already beaten that by almost two years.

Indisputably, Obama has the worst unemployment record of any president in the post-World War II era — and his signature legislative achievement was about to make his record even worse.

The mandate that businesses must provide health insurance or pay a penalty if they hire a 50th full-time workers is like a Berlin Wall keeping Americans from jobs.

The National Federation of Independent Business has calculated that the minimum fine a business would pay for hiring its 50th full-time employee would be $40,000 per year — unless it was capable of paying far more than that for Obamacare-approved health insurance for all its full-time employees.

If a business did not insure its employees, it would pay an additional $2,000 fine, on top of the first $40,000 in fines, for each additional full-time worker it hired beyond 50.

The fine on individuals for not buying government-approved health insurance is a penalty on individual liberty. The fine on employers is a penalty on job creation.

Read more at CNS News

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  • astrojohn

    Well, after all, he is King of All he surveys, is he not?? Didn’t think so…when are the R’s going to grow a pair?!

  • Barbara’s Political Rantings

    Theyve had four years to grow a pair. Looks like they are now impotent. AND the consequences will be unemployment in 2014.

  • BigUgly666

    The Usurper, Obama, has NEVER taken the Oath of Office.
    The first time, in public (still not eligible to the office), both he and Roberts mis-spoke the Oath, making it VOID. The “retake” was in private, without a Bible, so we don’t know what was done or said. The second time he was unlawfully “elected”, again, no Oath.

  • BigUgly666

    When are WE THE PEOPLE going to do OUR duty under the Constitution and other Organic Laws of this nation?
    Were our Founding Fathers alive today, Obama would have been hanged years ago.

  • jenniewalsh

    You may copy and paste and e-mail the following letter to your congressmen at the website following the letter:

    Subject: Repeal Obamacare

    I want you to repeal Obamacare.

    Even the President knows Obamacare has problems. That’s why he delayed the mandate requiring employers to provide their employees with health insurance. He knows this increased burden will kill jobs and increase bankruptcies.

    But no amount of delay will fix this problem. Marginal jobs and companies will still be lost the moment the mandate is imposed, no matter how long Obama waits. Even worse, this negative impact on marginal jobs will hurt the poor and the young the most, knocking out the bottom rungs of the economic ladder.

    Obamacare VIOLATES the origination clause that requires ALL tax bills to originate in the House of Representative, whereas Obamacare originated in the Senate.

    But it gets worse.

    Obamacare is unjust…

    * The “individual mandate” taxes each person’s very existence
    * The “employer mandate” taxes the act of hiring people

    Obamacare is unconstitutional…

    * It violates my Ninth Amendment right to make my own wellness decisions
    * It violates the 10th Amendment’s limitations on federal power — there is no grant of power for federal involvement in healthcare.

    In summary, Obamacare is . . .

    * Impractical
    * Unfair.
    * Illegal

    It’s also unpopular. A solid majority hates this legislation. Obamacare is thoroughly ILLEGITIMATE. Repeal it now, or risk losing what little legitimacy YOU have left.

    Obamacare is a HUGE organized crime, RACKETEERING RIP-OFF SCAM perpetrated by EVIL enemies of America within the presidency and congress. It will undermine and destroy America’s economy and individual freedoms. It is EVIL ON STEROIDS!

    – – – – – – – – – – – – – – – – – – –

    The campaign to send this message can be found here: http://www.downsizedc.org/etp/obamacare/