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:
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."
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!
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!
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