Is it Constitutional to Delay the Law?

[TemplarKormac]

President Obama has delayed Obamacare. Again, after many delays before. He delayed (extended) the grace period for cancelled insurance plan by two years. The move is obviously political in nature, and moves this grace period until March 2016. So it got me to wondering. Where does Obama have the power to delay a law that was passed by Congress and signed into law by him?

In Article 1, Section 1 of the US Constitution plainly states that only Congress can change or delay or outrightly pass laws. When the President becomes a lawmaker, his actions are thus unconstitutional:

‘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.’

As it says plainly, "All legislative powers herein shall be granted in a Congress of the United States..." It nowhere allows for a sitting President to amend a law already passed by Congress. Michael McConnell, a former judge on the U.S. Court of Appeals for the Tenth Circuit also says such decisions are "impermissible."

Statute does provide broad discretion, but unless there’s some explicit statutory authorization they don’t have the right not to do it,” McConnell, who now directs the Constitutional Law Center at Stanford University's School of Law, says. “That’s the difference. Suspending and dispensing with statutes are equally impermissible.

The White House keeps changing Obamacare. Is that legal?

So, to you, readers. Is it or is it not Constitutional to change or delay a law already passed by Congress? Discuss what you think below!

 

[The T]

You'd think that someone who touted himself as a Constitutional 'Scholar' to get elected would know better...or does he know how to skirt around the Constitution with impunity?

 

[jillian]

President Obama has delayed Obamacare. Again, after many delays before. He delayed (extended) the grace period for cancelled insurance plan by two years. The move is obviously political in nature, and moves this grace period until March 2016. So it got me to wondering. Where does Obama have the power to delay a law that was passed by Congress and signed into law by him?

if you have an issue, bring a court case.

unless and until the high court says it's unconstitutional, it isn't. you understand that, right?

 

[TemplarKormac]

President Obama has delayed Obamacare. Again, after many delays before. He delayed (extended) the grace period for cancelled insurance plan by two years. The move is obviously political in nature, and moves this grace period until March 2016. So it got me to wondering. Where does Obama have the power to delay a law that was passed by Congress and signed into law by him?

if you have an issue, bring a court case.

unless and until the high court says it's unconstitutional, it isn't. you understand that, right?

You did read Section 1513 of the ACA, right? The law is doomed, whether or not it gets struck down. In fact, it's sooo bad that it violates itself. And oh, there are PLENTY of court cases pending against it. No need for me to make one of my own.

Here, feel free to take a look at this:

Constitutional challenges to the Patient Protection and Affordable Care Act - Wikipedia, the free encyclopedia

 

[Geaux4it]

All that Ted Cruz asked for is what is now taking place

Dig it

-Geaux

 

[Geaux4it]

President Obama has delayed Obamacare. Again, after many delays before. He delayed (extended) the grace period for cancelled insurance plan by two years. The move is obviously political in nature, and moves this grace period until March 2016. So it got me to wondering. Where does Obama have the power to delay a law that was passed by Congress and signed into law by him?

if you have an issue, bring a court case.

unless and until the high court says it's unconstitutional, it isn't. you understand that, right?

The job of POTUS is NOT to test the limits of the Constitution but to operate within it.

-Geaux

 

[NYcarbineer]

President Obama has delayed Obamacare. Again, after many delays before. He delayed (extended) the grace period for cancelled insurance plan by two years. The move is obviously political in nature, and moves this grace period until March 2016. So it got me to wondering. Where does Obama have the power to delay a law that was passed by Congress and signed into law by him?

if you have an issue, bring a court case.

unless and until the high court says it's unconstitutional, it isn't. you understand that, right?

The job of POTUS is NOT to test the limits of the Constitution but to operate within it.

-Geaux

Did you read that on a cereal box?

The President is operating within the limits of the Constitution until it's declared he isn't.

Let the Republicans in Congress step and file suit. They can then, to our amusement, put themselves in the position of fighting against something they support.

 

[Geaux4it]

if you have an issue, bring a court case.

unless and until the high court says it's unconstitutional, it isn't. you understand that, right?

The job of POTUS is NOT to test the limits of the Constitution but to operate within it.

-Geaux

Did you read that on a cereal box?

The President is operating within the limits of the Constitution until it's declared he isn't.

Let the Republicans in Congress step and file suit. They can then, to our amusement, put themselves in the position of fighting against something they support.

Oh, so you are in the glass half empty or half full crowd?

Ridiculous

-Geaux

 

[Mac1958]

.

I don't think that constitutionality is really an issue here.

All actions are meant to minimize damage to the Democrats in the 2014 elections, and then we'll see if more actions are needed to minimize damage to the Democrats in the 2016 elections.

That's what matters here.

Everybody knows this.

.

 

[bedowin62]

obama's delays in implementing obamacare wont pass the Constitutional challenge



oh and for the idiot here; Repubs wont be fighting against something they support; because the larger issue is whether obamacare can function as a law; clearly it cant; and dems are hoping to hang onto power long enough to find that elusive "fix" for this fatally flawed law

 

[Geaux4it]

From a party that does not know what the definition of 'is' is, surely would question and test the limits of the constitution.

Again, you are only breaking the law if you get caught. Well, with the exception of illegal aliens

-Geaux

 

[Wildman]

President Obama has delayed Obamacare. Again, after many delays before. He delayed (extended) the grace period for cancelled insurance plan by two years. The move is obviously political in nature, and moves this grace period until March 2016. So it got me to wondering. Where does Obama have the power to delay a law that was passed by Congress and signed into law by him?

In Article 1, Section 1 of the US Constitution plainly states that only Congress can change or delay or outrightly pass laws. When the President becomes a lawmaker, his actions are thus unconstitutional:

‘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.’

As it says plainly, "All legislative powers herein shall be granted in a Congress of the United States..." It nowhere allows for a sitting President to amend a law already passed by Congress. Michael McConnell, a former judge on the U.S. Court of Appeals for the Tenth Circuit also says such decisions are "impermissible."

Statute does provide broad discretion, but unless there’s some explicit statutory authorization they don’t have the right not to do it,” McConnell, who now directs the Constitutional Law Center at Stanford University's School of Law, says. “That’s the difference. Suspending and dispensing with statutes are equally impermissible.

The White House keeps changing Obamacare. Is that legal?

So, to you, readers. Is it or is it not Constitutional to change or delay a law already passed by Congress? Discuss what you think below!

there is really nothing to discuss, he, the son-of-a-bitch, is clearly violating the Constitution, but.., when has the Constitution ever been a stumbling block for the muslime commie mulatto traitorous bastard ? ?

he should be tried, convicted and hung from a "Tall Oak Tree". ......

 

[editec]

Yes

 

[NightFox]

So, to you, readers. Is it or is it not Constitutional to change or delay a law already passed by Congress? Discuss what you think below!

Given that the rule of law has pretty much been tossed out the window in Washington the question of Constitutionality becomes somewhat non sequitur since it's clear NOBODY is going to do anything about it. I think the important question that needs to be answered by the American PEOPLE is the one regarding the ethics and morality of the White House constantly changing the law in order to pursue their electoral agenda, personally I think this is one of the more unethical and immoral administrations I've seen in my lifetime and anybody that trusts them is a fool, completely brainwashed or both.

They've taken Machiavellian Politics to an entirely new level and should be ashamed of themselves (of course they have no shame so that isn't going to happen).

"Men are so simple of mind, and so much dominated by their immediate needs, that a deceitful man will always find plenty who are ready to be deceived." -- Niccolo Machiavelli

 

[Seawytch]

Yes

 

[DiamondDave]

President Obama has delayed Obamacare. Again, after many delays before. He delayed (extended) the grace period for cancelled insurance plan by two years. The move is obviously political in nature, and moves this grace period until March 2016. So it got me to wondering. Where does Obama have the power to delay a law that was passed by Congress and signed into law by him?

if you have an issue, bring a court case.

unless and until the high court says it's unconstitutional, it isn't. you understand that, right?

No, Jill.. it is what it is... that is like saying it is not murder unless you are brought up on charges... regardless of whether you were caught and/or tried... it is still murder and you are still a murderer

 

[rightwinger]

President Obama has delayed Obamacare. Again, after many delays before. He delayed (extended) the grace period for cancelled insurance plan by two years. The move is obviously political in nature, and moves this grace period until March 2016. So it got me to wondering. Where does Obama have the power to delay a law that was passed by Congress and signed into law by him?

In Article 1, Section 1 of the US Constitution plainly states that only Congress can change or delay or outrightly pass laws. When the President becomes a lawmaker, his actions are thus unconstitutional:

‘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.’

As it says plainly, "All legislative powers herein shall be granted in a Congress of the United States..." It nowhere allows for a sitting President to amend a law already passed by Congress. Michael McConnell, a former judge on the U.S. Court of Appeals for the Tenth Circuit also says such decisions are "impermissible."

Statute does provide broad discretion, but unless there’s some explicit statutory authorization they don’t have the right not to do it,” McConnell, who now directs the Constitutional Law Center at Stanford University's School of Law, says. “That’s the difference. Suspending and dispensing with statutes are equally impermissible.

The White House keeps changing Obamacare. Is that legal?

So, to you, readers. Is it or is it not Constitutional to change or delay a law already passed by Congress? Discuss what you think below!

Obamacare is a law that will be in place for generations to come. Stop whining every time some aspect is delayed for a few months. The President has those powers, always has

Stop acting like there is some kind of Constitutional crisis

 

[TemplarKormac]

Yes

Seriously? Care to explain?

 

[NYcarbineer]

obama's delays in implementing obamacare wont pass the Constitutional challenge



oh and for the idiot here; Repubs wont be fighting against something they support; because the larger issue is whether obamacare can function as a law; clearly it cant; and dems are hoping to hang onto power long enough to find that elusive "fix" for this fatally flawed law

So you're denying that the GOP wanted the mandates delayed?

lol, you people get more retarded every day.

 

[JakeStarkey]

Of course Is it Constitutional to Delay the Law?