The Fix Is In: Can President Obama Grant An Effective ACA Waiver To Millions Of Disgruntled Citizens?

An excellent essay on whether President Obama has the constitutional authority to “fix” ObamaCare as he announced yesterday. The conclusion is that absent some uncited provision in the ObamaCare legislation, He does not.


President_Barack_ObamaPresident Obama is taking a great deal of heat for the cancellations of millions of policies after he repeatedly told citizens that if you like your policy you could keep it. He recently apologized for what seems a classic bait and switch. However, Obama has now announced a fix that raises a more serious question in my mind. Most of us have become used to a relatively high level of dishonesty from our leaders in Congress as well as the White House. This blog has documented whoppers, even perjury, that results in little more than a shrug in today’s political system. However, the “fix” involves the President unilaterally changing that scope and timing of a law. This has been a recurring concern with this President and the rise of the “Imperial Presidency” that he has established within ever-expanding executive powers. I will be discussing this issue today on CNN.

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About danmillerinpanama

I was graduated from Yale University in 1963 with a B.A. in economics and from the University of Virginia School of law, where I was the notes editor of the Virginia Law Review in 1966. Following four years of active duty with the Army JAG Corps, with two tours in Korea, I entered private practice in Washington, D.C. specializing in communications law. I retired in 1996 to sail with my wife, Jeanie, on our sailboat Namaste to and in the Caribbean. In 2002, we settled in the Republic of Panama and live in a very rural area up in the mountains. I have contributed to Pajamas Media and Pajamas Tatler. In addition to my own blog, Dan Miller in Panama, I an an editor of Warsclerotic and contribute to China Daily Mail when I have something to write about North Korea.
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2 Responses to The Fix Is In: Can President Obama Grant An Effective ACA Waiver To Millions Of Disgruntled Citizens?

  1. boudicabpi says:

    Obama can’t constitutionally give or change anything in Obamacare.
    Bob A.

    • I agree. However, the pesky old Constitution has not limited His actions in the past, so there’s no apparent reason to think it will now.

      Another point — the 2,000 page legislation morphed, and apparently continues to morph, into a regulatory monstrosity created, not by elected legislators but by civil “servants.” To the extent that the legislation authorized government officials to muck around pretty much as pleases them, it has been open to that sort of ongoing non-legislative legislating.

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