Wednesday, February 12, 2014

Unilaterial Obamacare Revision

"How dare you come into this office and bark at me like some little junk yard dog? I am the President of the United States!"
--President Bennett (Clear and Present Danger)

As the president continues to unilaterally alter aspects of the ACA statute, debate escalates over whether these executive actions are legal.

One way to frame the situation is that the executive branch thinks that it has been given the power to revise laws at its discretion, particularly when implementation of a law becomes difficult. It will continue to do so unless challenged by Congress.

The juvenile corrollary is the kid who keeps doing bad until checked by the parent.

Ron Paul believes that it is unlikely that Congress will check the misbehaving child unless prompted to do so by the people.

Meanwhile, interesting question posed here. Given the Obama administration's departures from the letter of the law, what stops a future Republican administration from simply waiving the law entirely?

This is the problem with discretionary rule. Changes are arbitrary and positivistic. What is law depends on who is in charge.

1 comment:

dgeorge12358 said...

Rightful liberty is unobstructed action according to our will within limits drawn around us by the equal rights of others. I do not add 'within the limits of the law' because law is often but the tyrant's will, and always so when it violates the rights of the individual.
~Thomas Jefferson