...HE SHALL TAKE CARE THAT THE LAWS SHALL BE FAITHFULLY EXECUTED...ARTICLE II, SECTION 3, CONSTITUTION OF THE U.S.
Coming on the heels of my article in yesterday's edition of Annals of the West, today's testimony of constitutional scholar and health policy expert Michael F. Cannon before the House Judiciary Committee this morning adds substantial support to those who are of the opinion that the Obama administration has brazenly engaged in an extra-constitutional power-grab and has blurred the lines of demarcation between the executive and legislative branches and, in doing so, has violated the Constitution of the United States.
In the "take care clause," the president is clearly charged with making sure that the laws are enforced. On numerous occasions, the Obama government has refused to enforce laws that have been passed by Congress. Egregious examples of this disregard of presidential duty in the past 2 years have had to do with immigration and marriage. In today's testimony, however, Mr. Cannon chose to concentrate on the many failure's of the president to enforce the provisions of the Patient Protection and Affordable Care Act (Obamacare).
Mr. Cannon specified that there are numerous instances of President Obama exceeding his constitutional authority with this piece of legislation. For example, the president has freely moved around the funds authorized for Obamacare. He has engaged in arbitrarily spending money which Obamacare does not authorize, while issuing waivers to his political cronies, relieving them of responsibility to comply with the act. Billions of dollars in taxes are being imposed in violation of the law's provisions, while billions more in debt are being run up in a manner inconsistent with the law.
In attempting to save his "legacy," the president has allowed the incorporation of insurance products into the law that are expressly forbidden in the body of the law. The law provided slightly more than 500 million dollars for prevention and public health. Those funds, however, were moved in violation of the law by presidential decree to support insurance exchanges. Cannon, in this regard, accurately states,
"Today, with respect to health care, the law of the land is whatever one man says it is - or whatever this divided Congress will let that one man get away with saying. What this one man says may flatly contradict federal statute. It may suddenly confer benefits on favored groups, or tax disfavored groups without representation. It may undermine the careful and costly planning done by millions of individuals and businesses. It may change from day to day. This method of law making has more in common with monarchy than democracy or a constitutional republic."
In a move that should be extremely grating to the great mass of Americans who are expected to live by the provisions of the law, the president, for almost three years, has illegally provided insurance subsidies to members of Congress and their staff members. These subsidies range from $5,000 to $10,000 per person. At the same time, millions of Americans have had their coverage cancelled and have found out that policies on HealthCare.gov are far more expensive and contain coverages that they do not need.
Effective dates established for Obamacare have been unilaterally altered by the president. Congress was not consulted. An example of this type of violation may be seen in the president's changing the law with regard to the employer mandate. Again, Congress, which wrote the law, was not consulted.
When the president begins to issue subsidies to the 34 states having insurance exchanges, this act will result in illegal taxes against at least 8 million Americans and untold numbers of businesses. These illegal taxes will,, perhaps amount to 700 billion in the next 10 years. Such unilateral action, in effect, stymies any prospect of Congressional action to revise or repeal the singularly most repressive piece of legislation to ever emerge from our Solons in Washington.
In succeeding articles, attention will be given to other non-constitutional acts of the Obama administration. But with regard to Obamacare, it is clear, as pointed out by Mr. Cannon, that no longer can this travesty be seen as a partisan issue. If these actions are allowed to stand, precedent will prevail and future "public servants" will be tempted to go even further with breaching the protection afforded Americans through their Constitution. May this ideologue of a president fail in his nefarious efforts to foist Obamacare on the United States of America! And, just think, our Constitution is being violated by one who supposedly taught constitutional law at the esteemed University of Chicago! Wonders never cease to amaze.
Deo vindice!
God bless Texas, and may the Lone Star State remain forever red!
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