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Analysis: Is the New Obamacare “Fix” Legal?
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Nov 15, 2013 08:10:42   #
bmac32 Loc: West Florida
 
President Obama has never been one to stop and weigh the legality of his actions. From recess appointments to amnesty, the president does as he pleases, it seems. He once said that if Congress doesn’t act to fight global warming, of all things, he would. This is what democracy looks like in his eyes.

But his latest unilateral quick-fix to Obamacare has raised all sorts of eyebrows. Two questions: (1) What authority does President Obama have to change an existing federal statute duly passed by the Congress, and (2) is such an executive action even lawful?

Here’s Speaker Boehner on the record saying he’s "highly skeptical”:

http://townhall.com/tipsheet/danieldoherty/2013/15/14/is-the-new-obamacare-fix-even-legal-n1746723?utm_source=thdaily&utm_medium=email&utm_campaign=nl

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Nov 15, 2013 08:38:31   #
LAwrence
 
We don.t like obamacare but it is the law passed by congress and signed by the president. To change it one must go through the same process. However our present government pays little attention to law or the constitution itself.

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Nov 15, 2013 08:47:27   #
Mom8052 Loc: Lost in the mountains of New Mexico
 
LAwrence wrote:
We don.t like obamacare but it is the law passed by congress and signed by the president. To change it one must go through the same process. However our present government pays little attention to law or the constitution itself.


:thumbup: :thumbup: :thumbup: Agree 101%.

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Nov 15, 2013 09:00:15   #
bmac32 Loc: West Florida
 
As much as it would kill Obama on losing his signature plan it would be far cheaper just to scrap the plan (law) and start over.


Mom8052 wrote:
:thumbup: :thumbup: :thumbup: Agree 101%.

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Nov 15, 2013 09:29:31   #
peacockjohn
 
We all get it that almost everyone dislikes the law, but an overwhelming majority support most of it's provisions. It is my opinion that the only part of it that everyone dislikes, including myself, is the part that makes it mandatory. Were that part removed, then I believe most opposition would crumble. The only problem though is that if it wasn't made to be mandatory, then the Medical insurance industry would be overwhelmed with people who have chronic care issues that would bankrupt the industry. The core problem here isn't being addressed and that is why does healthcare cost so much to begin with? Long story short; Malpractice insurance, both doctor and product. If doctors and manufacturers didn't have to pay so much for malpractice insurance, we all would see most if not all medical costs immediately drop 50%. Why is malpractice insurance so high?? Because there's no limit on the amount that can be awarded in a malpractice lawsuit. Why is that? Because who can put a value on a life or how much it would cost to prolong the life of someone permanently damaged because of either a doctor or medical product's wrong doing or defect. That is the core of the entire medical industry problem. If the government can address and fix this, then there probably wouldn't be a need for Obamacare to begin with.

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Nov 15, 2013 09:33:23   #
Bigmac495 Loc: Indiana
 
LAwrence wrote:
We don.t like obamacare but it is the law passed by congress and signed by the president. To change it one must go through the same process. However our present government pays little attention to law or the constitution itself.


I would like to add : It was ruled a "Law Bill " by the Supreme Court ruling . The constitution says only the House can generate tax bills on Americans. However this President doesn't follow the laws , constitution , rules etc.

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Nov 16, 2013 10:29:45   #
Winter Solstice Loc: Salt Lake City
 
What the heck. The President is completely above the law and the Constitution. His actions daily prove that.

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Nov 16, 2013 10:31:43   #
JerryMac
 
If a "LAW" is implemented illegally, is it still a law?

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Nov 16, 2013 10:44:34   #
JerryMac
 
peacockjohn wrote:
We all get it that almost everyone dislikes the law, but an overwhelming majority support most of it's provisions. It is my opinion that the only part of it that everyone dislikes, including myself, is the part that makes it mandatory. Were that part removed, then I believe most opposition would crumble. The only problem though is that if it wasn't made to be mandatory, then the Medical insurance industry would be overwhelmed with people who have chronic care issues that would bankrupt the industry. The core problem here isn't being addressed and that is why does healthcare cost so much to begin with? Long story short; Malpractice insurance, both doctor and product. If doctors and manufacturers didn't have to pay so much for malpractice insurance, we all would see most if not all medical costs immediately drop 50%. Why is malpractice insurance so high?? Because there's no limit on the amount that can be awarded in a malpractice lawsuit. Why is that? Because who can put a value on a life or how much it would cost to prolong the life of someone permanently damaged because of either a doctor or medical product's wrong doing or defect. That is the core of the entire medical industry problem. If the government can address and fix this, then there probably wouldn't be a need for Obamacare to begin with.
We all get it that almost everyone dislikes the la... (show quote)


I do not like the extra expense it is causing me and millions upon millions of other Americans. The "law" has caused more damage to more people than the few it has/will help.

This law is like tearing down a whole building to remodel a few rooms. Now all the rooms, that had nothing wrong with them, have to be rebuilt at greater expense.

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Nov 16, 2013 11:21:39   #
Bigmac495 Loc: Indiana
 
JerryMac wrote:
If a "LAW" is implemented illegally, is it still a law?


It doesn't make much difference Obama doesn't have the attorney General ( Holder) enforce it if he doesn't like it !

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Nov 16, 2013 11:28:03   #
Bigmac495 Loc: Indiana
 
JerryMac wrote:
I do not like the extra expense it is causing me and millions upon millions of other Americans. The "law" has caused more damage to more people than the few it has/will help.

This law is like tearing down a whole building to remodel a few rooms. Now all the rooms, that had nothing wrong with them, have to be rebuilt at greater expense.


The ACR was brought up before the Supreme Court to be stopped and the Supreme Court ruled that it wasn't a Law , it is a Tax program !
And I guess with almost a trillion dollars worth of tax increase buried in it, I can see why they ruled the way they did .

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Nov 16, 2013 11:30:28   #
Bigmac495 Loc: Indiana
 
Bigmac495 wrote:
I would like to add : It was ruled a "Law Bill " by the Supreme Court ruling . The constitution says only the House can generate tax bills on Americans. However this President doesn't follow the laws , constitution , rules etc.


Sorry : I got it wrong it was ruled a Tax bill not a "Law" by the Supreme Court !

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Nov 16, 2013 11:31:15   #
Bigmac495 Loc: Indiana
 
Bigmac495 wrote:
I would like to add : It was ruled a "Law Bill " by the Supreme Court ruling . The constitution says only the House can generate tax bills on Americans. However this President doesn't follow the laws , constitution , rules etc.


Not a Law , a tax bill.

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Nov 16, 2013 12:38:55   #
adennya Loc: Berthoud, CO
 
Bigmac495 wrote:
I would like to add : It was ruled a "Law Bill " by the Supreme Court ruling . The constitution says only the House can generate tax bills on Americans. However this President doesn't follow the laws , constitution , rules etc.


What is a "law bill"?

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Nov 18, 2013 11:18:50   #
Bigmac495 Loc: Indiana
 
adennya wrote:
What is a "law bill"?


Maybe I should have said this bill is a Tax Bill according to the Supreme Court ruling .
Sorry :oops: :oops: :oops:

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