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Bryan Preston


November 14, 2013 - 11:05 am

Appearing on Alex Wagner’s MSNBC show shortly after President Obama announced his insurance “fix,” former VT Gov. Howard Dean asked a question few Democrats want asked.

DEAN: “I’ll keep it short because i can talk forever for health care. A, I wonder if he had the legal authority to do this since it’s a congressional bill that set it up.”

Since when has the letter of the law or how it was enacted mattered to Barack Obama? Since never, that’s when.

In this case, Obama may have the authority because the grandfathering was part of Obamacare’s regulations, not the law itself. Obama has yet to acknowledge that, though. And just because it may be legal doesn’t mean it’s wise. The insurance industry is already slamming it as “insanity.”

Bryan Preston has been a leading conservative blogger and opinionator since founding his first blog in 2001. Bryan is a military veteran, worked for NASA, was a founding blogger and producer at Hot Air, was producer of the Laura Ingraham Show and, most recently before joining PJM, was Communications Director of the Republican Party of Texas.

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I am amazed to see Howard Dean bringing up the concept of legality. It is so ... not like a Democrat. But then again, Dean is in the Clinton camp, and that influences his public responses.

But factually, we have been outside the rule of law for years. We have not had a constitutional budget for years, and there is no sign of ever having one again. Congress has no oversight function. Subpoenas are ignored, and those who appear blatantly perjure themselves under oath with no accountability. Congress is as supine as the old Roman Senate under Caligula. In fact, that may not be an inapt comparison.

At any time we could have challenged Obama, from the moment that he postponed the Employer Mandate, and we could do so now. Then, as now, he had no legal authority. Twice in living memory the Supreme Court has ruled that the President can only enforce a statute as written once it is signed, and may not change it or refuse to enforce parts of it. Once for Nixon [no, it is not "legal if the president does it"] and once for Clinton.

All it would take is one Republican member of Congress [since no private citizen seems to have standing in court any more to challenge the government] with the balls to go to the DC District Court and file an action alleging violation of the separation of powers. Since all the precedent for the previous two cases are in the DC District Court, DC Circuit Court of Appeals, and Supreme Court; it would move to the Supreme Court right smartly.

Granting that with John Roberts on the Court, it is quite possible that he would overturn the precedent and make us officially a dictatorship; but then we would know where we stand and would be absolved of any duty of obedience to the Federal government.

But the key point is that there are no Republican members of Congress [either House] with that testosterone count.

Subotai Bahadur
1 year ago
1 year ago Link To Comment
Subotai - A private citizen might have standing if the private citizen is harmed by the POTUS' not implementing the law.
1 year ago
1 year ago Link To Comment
Selective amnesia/recognition strikes again.
1 year ago
1 year ago Link To Comment
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