Tuesday, February 18, 2014
If Obama Supporters Are In Such Favor of the Affordable Care Act, Why Do They Support Obama Continually Changing the Law?
The ACA has now been changed 18 times by Executive Order, and Obama supporters still defend the health care law. Why?
by Larry Simons
February 18, 2014
Eight days ago, on February 10, the Affordable Care Act law was changed for the 18th time by executive order [35th change overall], meaning that just by Obama's spoken word, the law was changed. Not only is the entire ACA law unconstitutional [regulating healthcare is not one of Congress' 18 enumerated powers listed in Article 1 Section 8 of the Constitution, and the 10th Amendment states that "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."], but it is undeniably unconstitutional for the President to change/delay a written law.
In fact, the Constitution states in the "take care clause" found in Article 2, Section 3, Clause 5, "he shall take care that the laws be faithfully executed". Obama supporters on a few blogs I have posted comments on have insisted that the Constitution clearly allows the President "broad powers" to execute laws. In fact, they claim it states this within Article 2, the same section I just quoted from that states the President must execute laws faithfully. Here, see for yourself that nowhere in Article 2 of the Constitution does it state the President has any kind of "broad powers" when it comes to executing laws.
One comment, from the site Mediaite, states that the President "has broad powers to determine how, and when, he executes the law". Of course, nowhere in the Constitution does it say this, and when I asked the person who posted the aforementioned comment where in the Constitution does it grant the President free reign to "determine how and when he executes the law", he gave no answer.
The one question that has me completely puzzled is this: Why do Obama supporters keep defending Obama's changes to the ACA when they have supported the ACA since it became law? Stands to reason if you defend a law as written and someone keeps changing it, you will either begin to have hostility toward the individual who is changing a law you support, or you can never claim you ever supported that law.
Of course, we all know the bottom line is this: Obama supporters have no clue what was in the Affordable Care Act in 2010, or what it says now. Their allegiance is to Obama and Obama alone, and anything he does or says will not be put under scrutiny. Obama is their Messiah, their Savior and anything he says or does is admired, respected, believed and trusted on the same level Christians worship Jesus Christ.
Let the record stand on this issue once and for all: The President has absolutely no power to unilaterally change or delay written law. PERIOD. It is his Constitutional duty to faithfully execute laws, not change them when he sees fit. To do so is grounds for impeachment. The fact that Congress is sitting on their asses and not pursuing impeachment charges does not remove illegality from the President's actions. It means Congress are a bunch of lazy, spineless, complicit pussies who should all be voted out of office.
Here is a list of the 18 changes/delays to the ACA law that have been made unilaterally by King Obama's spoken word.
April 19, 2011
1. Medicare Advantage patch: The administration ordered an advance draw on funds from a Medicare bonus program in order to provide extra payments to Medicare Advantage plans, in an effort to temporarily forestall cuts in benefits and therefore delay early exodus of MA plans from the program.
January 1, 2012
2. Employee reporting: The administration, contrary to the Obamacare legislation, instituted a one-year delay of the requirement that employers must report to their employees on their W-2 forms the full cost of their employer-provided health insurance.
May 23, 2012
3. Subsidies may flow through federal exchanges: The IRS issued a rule that allows premium assistance tax credits to be available in federal exchanges although the law only specified that they would be available “through an Exchange established by the State under Section 1311.”
February 15, 2013
4. Closing the high-risk pool: The administration decided to halt enrollment in transitional federal high-risk pools created by the law, blocking coverage for an estimated 40,000 new applicants, citing a lack of funds. The administration had money from a fund under Secretary Sebelius’s control to extend the pools, but instead used the money to pay for advertising for Obamacare enrollment and other purposes.
February 20, 2013
5. Doubling allowed deductibles: Because some group health plans use more than one benefits administrator, plans are allowed to apply separate patient cost-sharing limits to different services, such as doctor/hospital and prescription drugs, allowing maximum out-of-pocket costs to be twice as high as the law intended.
March 11, 2013
6. Small businesses on hold: The administration has said that the federal exchanges for small businesses will not be ready by the 2014 statutory deadline, and instead delayed until 2015 the provision of SHOP (Small-Employer Health Option Program) that requires the exchanges to offer a choice of qualified health plans.
March 22, 2013
7. Delaying a low-income plan: The administration delayed implementation of the Basic Health Program until 2015. It would have provided more-affordable health coverage for certain low-income individuals not eligible for Medicaid.
July 2, 2013
8. Employer-mandate delay: By an administrative action that’s contrary to statutory language in the ACA, the reporting requirements for employers were delayed by one year.
July 15, 2013
9. Self-attestation: Because of the difficulty of verifying income after the employer-reporting requirement was delayed, the administration decided it would allow “self-attestation” of income by applicants for health insurance in the exchanges. This was later partially retracted after congressional and public outcry over the likelihood of fraud.
September 26, 2013/November 27, 2013
10. Delaying the online SHOP exchange: The administration first delayed for a month and later for a year until November 2014 the launch of the online insurance marketplace for small businesses. The exchange was originally scheduled to launch on October 1, 2013.
September 30, 2013
11. Congressional opt-out: The administration decided to offer employer contributions to members of Congress and their staffs when they purchase insurance on the exchanges created by the ACA, a subsidy the law doesn’t provide.
October 23, 2013
12. Delaying the individual mandate: The administration changed the deadline for the individual mandate, by declaring that customers who have purchased insurance by March 31, 2014 will avoid the tax penalty. Previously, they would have had to purchase a plan by mid-February.
November 14, 2013
13. Insurance companies may offer canceled plans: The administration announced that insurance companies may re-offer plans that previous regulations forced them to cancel.
December 2, 2013
14. Exempting unions from reinsurance fee: The administration gave unions an exemption from the reinsurance fee (one of ObamaCare’s many new taxes). To make up for this exemption, non-exempt plans will have to pay a higher fee, which will likely be passed onto consumers in the form of higher premiums and deductibles.
December 12, 2013/January 14, 2014
15. Extending Preexisting Condition Insurance Plan: The administration extended the federal high risk pool until January 31, 2014 and again until March 15, 2014 to prevent a coverage gap for the most vulnerable. The plans were scheduled to expire on December 31, but were extended because it has been impossible for some to sign up for new coverage on healthcare.gov.
December 19, 2013
16. Expanding catastrophic hardship waiver to those with canceled plans: The administration expanded the hardship waiver, which allows some people to purchase catastrophic health insurance, to people who have had their plans canceled because of ObamaCare regulations. This is only a temporary fix so these plans will again be illegal in 2015, conveniently after the November 2014 elections.
January 18, 2014
17. Equal employer coverage delayed: Tax officials will not be enforcing in 2014 the mandate requiring employers to offer equal coverage to all their employees. This provision of the law was supposed to go into effect in 2010, but IRS officials have “yet to issue regulations for employers to follow.”
February 10, 2014
18. Employer-mandate delayed again: The administration delayed for an additional year provisions of the employer mandate, postponing enforcement of the requirement for medium-size employers until 2016 and relaxing some requirements for larger employers. Businesses with 100 or more employees must offer coverage to 70% of their full-time employees in 2015 and 95% in 2016 and beyond.