Another great part of the wonderful Obamacare package. An appointed board of fifteen people that can override congress, the v**ers of the USA, the President and the US Supreme Court, and after 2017, all of them combined can't stop this monster, birthed by the ACA, and named the Independent Payment Advisory Board. The below is from the Cato Institute
Policy Analysis No. 700
The Independent Payment Advisory Board: PPACAs Anti-Constitutional and Authoritarian Super-Legislature
By Diane Cohen and Michael F. Cannon June 14, 2012
When a member of Congress introduces legislation, the Constitution requires that legislative proposal to secure the approval of the House of Representatives, the Senate, and the president (unless Congress overrides a p**********l veto) before it can become law. In all cases, either chamber of Congress may block it.
In 2010, the Patient Protection and Affordable Care Act (PPACA) created the Independent Payment Advisory Board, or IPAB. When the unelected government officials on this board submit a legislative proposal to Congress, it automatically becomes law: PPACA requires the Secretary of Health and Human Services to implement it. Blocking an IPAB proposal requires at a minimum that the House and the Senate and the president agree on a substitute. The Boards edicts therefore can become law without congressional action, congressional approval, meaningful congressional oversight, or being subject to a p**********l veto. Citizens will have no power to challenge IPABs edicts in court.
Worse, PPACA forbids Congress from repealing IPAB outside of a seven-month window in the year 2017, and even then requires a three-fifths majority in both chambers. A heretofore unreported feature of PPACA dictates that if Congress misses that repeal window, PPACA prohibits Congress from ever altering an IPAB proposal. By restricting lawmaking powers of future Congresses, PPACA thus attempts to amend the Constitution by statute.
IPABs unelected members will have effectively unfettered power to impose taxes and ration care for all Americans, whether the government pays their medical bills or not. In some circumstances, just one political party or even one individual would have full command of IPABs lawmaking powers. IPAB truly is independent, but in the worst sense of the word. It wields power independent of Congress, independent of the president, independent of the judiciary, and independent of the will of the people.
The creation of IPAB is an admission that the federal governments efforts to plan Americas health care sector have failed. It is proof of the axiom that government control of the economy threatens democracy.
IPAB may be the most anti-constitutional measure ever to pass Congress, and it is therefore tempting to dismiss IPAB as an absurdity that the body politic will soon reject. Until that occurs, IPAB will potentially empower just one unelected government official to impose any tax or regulation, to appropriate funds, and to wield other lawmaking powers.
Another great part of the wonderful Obamacare package. An appointed board of fifteen people that can override congress, the v**ers of the USA, the President and the US Supreme Court, and after 2017, all of them combined can't stop this monster, birthed by the ACA, and named the Independent Payment Advisory Board. The below is from the Cato Institute
Policy Analysis No. 700
The Independent Payment Advisory Board: PPACAs Anti-Constitutional and Authoritarian Super-Legislature
By Diane Cohen and Michael F. Cannon June 14, 2012
When a member of Congress introduces legislation, the Constitution requires that legislative proposal to secure the approval of the House of Representatives, the Senate, and the president (unless Congress overrides a p**********l veto) before it can become law. In all cases, either chamber of Congress may block it.
In 2010, the Patient Protection and Affordable Care Act (PPACA) created the Independent Payment Advisory Board, or IPAB. When the unelected government officials on this board submit a legislative proposal to Congress, it automatically becomes law: PPACA requires the Secretary of Health and Human Services to implement it. Blocking an IPAB proposal requires at a minimum that the House and the Senate and the president agree on a substitute. The Boards edicts therefore can become law without congressional action, congressional approval, meaningful congressional oversight, or being subject to a p**********l veto. Citizens will have no power to challenge IPABs edicts in court.
Worse, PPACA forbids Congress from repealing IPAB outside of a seven-month window in the year 2017, and even then requires a three-fifths majority in both chambers. A heretofore unreported feature of PPACA dictates that if Congress misses that repeal window, PPACA prohibits Congress from ever altering an IPAB proposal. By restricting lawmaking powers of future Congresses, PPACA thus attempts to amend the Constitution by statute.
IPABs unelected members will have effectively unfettered power to impose taxes and ration care for all Americans, whether the government pays their medical bills or not. In some circumstances, just one political party or even one individual would have full command of IPABs lawmaking powers. IPAB truly is independent, but in the worst sense of the word. It wields power independent of Congress, independent of the president, independent of the judiciary, and independent of the will of the people.
The creation of IPAB is an admission that the federal governments efforts to plan Americas health care sector have failed. It is proof of the axiom that government control of the economy threatens democracy.
IPAB may be the most anti-constitutional measure ever to pass Congress, and it is therefore tempting to dismiss IPAB as an absurdity that the body politic will soon reject. Until that occurs, IPAB will potentially empower just one unelected government official to impose any tax or regulation, to appropriate funds, and to wield other lawmaking powers.