…Affordable Care Act
obama does not respect the restraints the Constitution demands him to:
I have come to admire Michael & will now follow him closely after this hearing. The following are highlights of his testimony:
Article II, Section 3 of the U.S. Constitution, to which every president swears an oath, commands that the president “shall take Care that the Laws be faithfully executed.”3 Fealty to this duty is essential for maintaining our system of government and public order.
* Since he signed the Patient Protection and Affordable Care Act (PPACA) into law on March 23, 2010, President Barack Obama has failed to execute that law faithfully.
* The president has unilaterally taken taxpayer dollars made available by the PPACA and diverted them from their congressionally authorized purposes toward purposes for which no Congress has ever appropriated funds.
* He has unilaterally and repeatedly rewritten the statute to dispense taxpayer dollars that no federal law authorizes him to spend and that the PPACA expressly forbids him to spend.
* He has unilaterally issued blanket waivers to requirements that the PPACA does not authorize him to waive.
* At the same time he has declined to collect taxes the PPACA orders him to collect, he has unilaterally rewritten the statute to impose billions of dollars in taxes that the PPACA expressly forbids him to impose, and to incur billions of dollars in debt that the statute expressly forbids him to incur.
* He has unilaterally rewritten the PPACA to allow health insurance products that the statute expressly forbids. He has encouraged consumers, insurers, and state officials to violate a federal law he enacted.
He has taken these steps for the purpose of forestalling democratic action by the people’s elected representatives in Congress.
President Obama’s unfaithfulness to the PPACA is so wanton, it is no longer accurate to say the Patient Protection and Affordable Care Act is “the law of the land.”
Diverting Prevention Funds to Federal Exchanges
Washington Post reported, “The Obama administration plans to use $454 million in Prevention Fund dollars to help pay for the federal health insurance exchange. That’s 45 percent of the $1 billion in Prevention Fund spending available [in 2013].”4 Senator Tom Harkin (D-IA) attacked the administration’s attempt “to redirect that money to educating the public about the new health insurance marketplaces” as “a violation of both the letter and spirit of this landmark law.”
Illegal Subsidies to Members of Congress
Notwithstanding any other provision of law, after the effective date of this subtitle, the only health plans that the Federal Government may make available to members of Congress and congressional staff with respect to their service as a member of Congress or congressional staff shall be health plans that are created under this act…or offered through an exchange established under this act…
Even after the Exchanges take full effect, this provision as written continues to strip members and staff of the “contribution” the federal government makes toward the premiums of those who participate in the FEHBP.
Obama once again unilaterally rewrote federal law to give nearly every member of Congress and congressional staffer an illegal subsidy of $5,000 to $11,000 per year.12 Faithfully executing the law would have required the president to let the OPM’s ruling stand, and let Congress address the matter through legislation.
Spending Billions That the PPACA Expressly Forbids the President to Spend
The president’s most egregious violation of his duty to execute faithfully the PPACA is his attempt — under the rubric of that law — to tax, borrow, and spend billions of dollars that statute expressly prohibits him to spend.
Nevertheless, shortly after legal scholars brought this feature of the law to the public’s attention in 2011,17 the Internal Revenue Service proposed a rule that would issue those subsidies — and impose the resulting taxes — through federal Exchanges as well as state-established Exchanges.
My friend, Mr. Simon Lazarus, who is also on this panel, has defended the president’s actions.
Unilateral, Blanket Waivers of the PPACA’s Requirements
The president has unilaterally and without authority altered the PPACA’s effective dates by issuing blanket exemptions from both the PPACA’s employer mandate and many of its health insurance regulations.
* Declining to Collect Taxes the PPACA Imposes
* Imposing Taxes the PPACA Does Not Authorize
Even more troubling, President Obama is threatening to impose hundreds of billions of dollars in taxes Congress never authorized on millions of employers and individual taxpayers.
Forestalling Democratic Action
Underlying each of these instances in which President Obama has unilaterally rewritten federal law is an unmistakable desire to forestall democratic action by the people’s elected representatives in Congress.
If the president had not raided the Prevention and Public Health Fund, then federal Exchanges might be even less prepared to offer coverage in 2014 than they are now, which almost certainly would have prompted Congress to reopen the PPACA.
The concerns I share with you today are not borne of partisanship. Though I have worked for Republicans, I am not a Republican.
This president’s failure — or any president’s failure — to honor his constitutional duty to execute the laws faithfully is not a partisan issue.
* FULL testimony
* Truth in Testimony Disclosure form
I encourage you to follow Michael. TY Michael for speaking the independent thoughts. You spoke for so many of us.~ JP