December 9, 2013

“Ted Cruz details unconstitutionality of Obama’s implementation of Obamacare in new report”

Silly Hobbit. Doesn’t he understand that words like “unconstitutionality” cause people’s eyes to glaze over? Is that really how the GOP wants to be seen as a brand — as people bogged down in questions of doctrinal minutia when, say, telling off a teacher and posting it to YouTube is so much more exciting and salable? Washington Examiner:

By implementing Obamacare through “unilateral executive fiat,” President Obama undermined the Constitution’s separation of powers in a way that “threatens the liberty of every American,” according to Sen. Ted Cruz, R-Texas.

“There is no clearer example of the Obama administration’s abusive view of federal power than its implementation of Obamacare,” Cruz said in a summary of “the Obama administration’s attempt to expand federal power.” This is the second installation in a series on “the legal limit” of Obama’s authority.

Cruz focuses on the president’s delay of certain Obamacare provisions, beginning with the delays of the health insurance requirements, the employer mandate, and the delay of the out of pocket caps that limit the amount of money consumers have to spend on their own care.

“Article II, Section 3 of the Constitution requires the President to ‘take care that the laws be faithfully executed,’” Cruz says in the report while discussing the delay of the insurance requirements. “Categorically refusing to enforce laws is the opposite of fulfilling this constitutional duty. Yet that is precisely what President Obama has done with Obamacare.”

…yawn…

Cruz explains the legal problem with congressional staffers receiving a subsidy for the individual health insurance plans they must purchase through the exchanges: Federal law only allows the subsidies to go to people with group insurance plans.

“So just like average Americans, these individual congressional staffers will have to purchase a plan for themselves,” the report says. “This is not a ‘group’ insurance plan covering a number of different people. This is an individual plan. So the government lacks authority to subsidize the plans that official congressional staff buy through the Obamacare exchanges. But the president did so anyway.”

He also takes aim at the contraception mandate promulgated by the Department of Health and Human Services.

“Importantly, the issue is not whether individual citizens will have access to contraceptives,” Cruz writes. “There is no doubt that every American will retain the right to purchase contraceptives, and Obamacare does nothing to change that. Rather, the issue is whether the federal government can force other Americans to pay for those contraceptives—contrary to their deeply held religious faith.”

[...]

“To preserve the rule of law, we must restore the balance of power that ensures our laws are executed as written,” Cruz concludes. “We are a nation of laws, not men, and the Obama administration’s willful disregard of the Constitution threatens the liberty of every American.”

Wait, first the Constitutional issue, now you want to talk about executing laws as they were ostensibly intended — as in, you want to talk about the importance of appealing to legislative intent when speaking of overreach by an executive or even the courts?

Sorry.  Now you’ve really lost the pragmatists.   You may as well just put on some whale noises and give them an electric blanket, some warm milk, and a nap pod.

Wake the realists up when you have some idea about how better to sell the GOP to Hispanics, Senator.  Aside from your partial Hispanic heritage, I mean.  Because until then, you’re a hindrance to the brand, not a help.   Unless you can rap, or maybe like to have Sarah Silverman over for movie night.

 

Posted by Jeff G. @ 12:09pm
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Comments (7)

  1. Laws? We don’ need no steenkeeng laws…

    {/Chief Executive}

  2. Let’s not bicker and argue over who killed who!

  3. it took over 200 years but, a president finally took advantage of the “flaw” that you can do whatever you want because by the time the wheels of justice catch up with you, you’ll be out of office and on the lecture circuit.

  4. Not to mention the fact that he already has the pardon paperwork for all the flunkies and Department heads signed and stuffed in a lockbox.

    It will be interesting to see if he can pardon himself, though…

  5. by the time the wheels of justice catch up with you

    What wheels?

    It’s now the Big Understanding: nobody in This Town gets prosecuted for anything, because who’s going to make us?

    Voters? Don’t make me laugh.

  6. Laws? We don’ need no steenkeeng laws…

    I think the idea is more… “I am the LAW!”

  7. Everybody is going to to agree that the executive branch has been out of control, threatens the very fabric of our democracy and needs to be reigned in.

    After the next Republican President is inaugurated.

    Personally, I hope he has the balls to post the proscriptions and pay out the bounties.

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