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because it's getting lost in my original posting. This post was in response to changing Obamacare and changing that law and I really would like someone to answer me on how it can be done.
I direct you to the Constitution:
Article I, Section 7:All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills..
Every Bill which shall have passed the House of Representatives and the Senate, shall, before it become a Law, be presented to the President of the United States: If he approve he shall sign it, but if not he shall return it, with his Objections to that House in which it shall have originated, who shall enter the Objections at large on their Journal, and proceed to reconsider it. If after such Reconsideration two thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two thirds of that House, it shall become a Law. But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively. If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it, unless the Congress by their Adjournment prevent its Return, in which Case it shall not be a Law.
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Now, how did Obama change the law? That's what I would like to know...he certainly didn't do it via the Constitution. Any ideas?
Just so you know, it wasn't done by EO, either...and even if it was, it would have been unconstitutional.
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In the case of Executive Orders, this is the rule:
Until the 1950’s, there was no boundary or rules set up regarding how far the president can go with an executive order. The Supreme Court, however, put a stop to this in 1952 when they were faced with the case Youngstown Sheet & Tube Co. vs Sawyer. In this case, the Supreme Court ruled Harry Truman’s Executive Order 10340 which put all steel mills in the country under federal government control. The Supreme Court called this executive order invalid because it attempted to make law, which was the job of the legislative branch (Senate and House of Representatives).
Since then executive orders pertaining to laws were only allowed to be carried out when they are used to clarify or act to further a law put forth by the Congress or the Constitution.Presidents have been accused a number of times of abusing executive orders. The most common abuse is when the president uses them to make or change laws without the approval of Congress.
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I looked for any EO pertaining to the ACA and FOUND NONE in the 163 EOs Obama made since 2009. Would you like to try and find them? If not, then I will ask you how this president can change laws without approval of Congress?
He has granted over 1200 waivers since the law passed including abandoning the CLASS Act and the recent delay for the employer mandate. None of these waivers or delays were in the original law. So, if Obama can change it, surely Congress can delay it for a year since they are the only ones who are ALLOWED to make or change the law.
If the President is allowed to keep doing government business "my way or the highway" or "I will not negotiate," that is almost the same thing as stating, "I am your dictator. You must follow my rules and laws or else...."
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Definition of executive fiat: When used in the political context of executive fiat, it describes a president using power that isn't backed up by law. Therefore on its face, it is as worthless as our currency is becoming.
I don't even think half the Congress knows the above. They are what people lected???? Me thinks they better take a course in constitutional law, rules, and regulations, so they can govern correctly!
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