If a Repub Pres tires of waiting for Congress to change Obamacare, can he issue an EO repealing it?

Little-Acorn

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Jun 20, 2006
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Obama clearly feels that he can issue an Executive Order changing immigration laws that Congress passed long ago, even repealing the deportation mandated by those laws.

Why can't a Republican President do the same, to a law passed by Congress, such as Obamacare? I'm sure the Republican President will be unhappy with lots of things in the Obamacare law, just as Obama is unhappy with things in the immigration laws.

If Obama can change or repeal the immigration laws simply by issueing an Executive Order that goes directly against what those laws say, then surely a Republican President can do the same to Obamacare, issuing an EO that goes directly agains what the Obamacare law says. For example, eliminating the mandate. Or eliminatinng the requirements for insurance policies that are causing so many companies to cancel people's existing policies because they don't qualify under Obamacare. Or repealing the whole thing, simply because he feels the law is wrong and creates more problems than it solves.

The only significant diffference between the two cases, is that the Constituution clearly gives Congress the authority to set uniform standards for naturalization. But it gives them no authority at all, to run health insurance plans or regulate them.

In fact, the "Welfare Clause", which requires that all programs passed by Congress must affect all Americans equally, is clearly violated by Obamacare, which gives taxpayer money to some while taking it away from others.

Why can a President not use an EO to change or eliminate the parts of Obamacare he doesn't like, if he can do that to immigration laws?
 
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Obama clearly feels that he can issue an Executive Order changing immigration laws that Congress passed long ago
Please state which provision of which law he changed/repealed.

Your rant is built on a false premise.
 
Obama clearly feels that he can issue an Executive Order changing immigration laws that Congress passed long ago, even repealing the deportation mandated by those laws.

Why can't a Republican President do the same, to a law passed by Congress, such as Obamacare? I'm sure the Republican President will be unhappy with lots of things in the Obamacare law, just as Obama is unhappy with things in the immigration laws.


If Obama can change or repeal the immigration laws simply by issueing an Executive Order that goes directly against what those laws say, then surely a Republican President can do the same to Obamacare, issuing an EO that goes directly agains what the Obamacare law says. For example, eliminating the mandate. Or eliminatinng the requirements for insurance policies that are causing so many companies to cancel people's existing policies because they don't qualify under Obamacare. Or repealing the whole thing, simply because he feels the law is wrong and creates more problems than it solves.

The only significant diffference between the two cases, is that the Constituution clearly gives Congress the authority to set uniform standards for naturalization. But it gives them no authority at all, to run health insurance plans or regulate them.

In fact, the "Welfare Clause", which requires that all programs passed by Congress must affect all Americans equally, is clearly violated by Obamacare, which gives taxpayer money to some while taking it away from others.

Why can a President not use an EO to change or eliminate the parts of Obamacare he doesn't like, if he can do that to immigration laws?

See what happens when the boundaries of the Constitution are stretched to the breaking point? The next president thinks he/she can do the same or more. We have to stop Obama and his actions of illegitimacy now.
 
See what happens when the boundaries of the Constitution are stretched to the breaking point? The next president thinks he/she can do the same or more. We have to stop Obama and his actions of illegitimacy now.
They're not stretched to the breaking point.

They are completely broken, violated, ignored, toast, history. And have been for six (or more) years.

Now that that precedent has been set, what's to prevent a future Republican President from issuing an Executive Order repealing the mandate in Obamacare? Or repealingthe part of the Social Security Act that requires people to sign up?

What's to prevent some future Democrat President from issuing an EO saying that it's now OK to take black people off the street, put chains on them, and force them to work on your farm for poor housing and no pay, as Democrats pushed for more than a hundred years ago?

If it's now OK to violate the Constitution, what limits are left?
 
So, why can't a Republican President issue an EO contrary to what's in Obamacare, to change or repeal part of that?
The logical answer is that a Republican President couldn't issue an executive order repealing obamacare because that would be circumventing a law, duly passed and enacted by Congress. I don't believe a POTUS has that authority.

Article. I.
Section. 1.

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

I just reread Article 2 regarding President, and I see nothing that overrides the above clause.
 
So, why can't a Republican President issue an EO contrary to what's in Obamacare, to change or repeal part of that?
The logical answer is that a Republican President couldn't issue an executive order repealing obamacare because that would be circumventing a law, duly passed and enacted by Congress. I don't believe a POTUS has that authority.

Article. I.
Section. 1.

All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

I just reread Article 2 regarding President, and I see nothing that overrides the above clause.
But that's not the Obama Doctrine. Under that doctrine, any time Congress fails to do wht he wants and the law is unworkable or not funded then the president can rule by EO.
 
You can be sure of two things a Republican President will use the precedent set by Obama last night and expand the power of the executive order even farther and the left will raise hell over it and the right will support it.
 
I assume another potus could do something like say the individual mandate would not be enforced with financial penalties .... or something along those lines.
 

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