Saturday, November 16, 2013

CONSTITUTIONAL LAW 101: THE CRUX OF THE PROBLEM

The moves by President Obama Thursday to try and twist his way out of his self-created ObamaMare mess go to the heart of the problem of his Presidency. 

He's telling the insurance companies that they need to reinstate the policy holders who they cancelled due to the requirements of ObamaCare and he's telling the states they need to work through these accommodations as well.   Here's the problem: By making these changes, he's changing a law that was written by Congress and merely signed by him.  Only Congress can do that.  Not to mention the fact that he has no authority, implied or otherwise, over insurance companies or state governments. 

As you can see, he is proceeding on the basis that the President of the United States is the ultimate ruler of the country, that he has some controlling power over Congress and the states.  Our Constitution provides that the power rests with the people; the people, per the Constitution, have granted Congress, the Courts and the President restricted powers to act on behalf of the populace. 

The President, although he claims to be a citizen of this country, does not understand his relationship with the Congress or the Courts or the fact that his power comes from the people and is limited in scope.  Our forefathers wrote the Constitution in such a manner that the three branches of our government counter-balance each other and provide for the will of the people to be executed.  

The President cannot make law; he can enforce the laws passed by Congress and make such regulations as may be necessary to carry those laws out.  The Courts interpret the laws passed by Congress to ensure they comply with the requirements of the Constitution and that the Executive Branch and the Congress act accordingly.  Congress gets its power from the Constitution which provides for the representation of the people through Senators and Congressmen elected by the individual states.  

So, Obama has not come to grips with the fact that in our country the President is essentially a figurehead and the manager of the Executive Branch, and nothing more.  Of course, since he's our figurehead, we look to him for leadership and proactive, positive management of the Executive Branch in the best interests of the country.  If he gets out of line, Congress can reign him in through the impeachment process.  If Congressional members get out of line, they can be reigned in by the people through the election process. 

That's the essence of Constitutional Law 101. 

Now then, since he has no authority to bail the people who are now uninsured through no fault of their own out of their predicament, why would he vow to veto any legislation from Congress that might change the law and resolve the issue?  

And therein lies our ObamaMare.  

That's MY AMERICAN OPINION, respectfully submitted. 

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