Will Conservative leaders in Congress let the President get away with distorting Section 7 of the Constitution?

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Does the president have the authority to rewrite ObamaCare?

Published on Feb 16, 2014

Sen. Mike Lee, Rep. Xavier Becerra weigh in

Wh Delays Obamacare’s Employer Mandate Until After Midterm – Employers Not Allowed To Fire Anyone?

Published on Feb 10, 2014

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I am so upset that the President has stomped on the Constitution that I am writing a letter today to Washington and addressing it to a conservative leader who I know will do something about it.

I am so proud of so many of the conservatives in Congress who have voted down many of the President’s proposals to explode the debt and that is why I have turned to them today. I wish everyone of them to read this blog post that I am writing this morning because it is the only hope our nation has to stay a Republic and not turn into a Monarchy!!!

Yesterday in the Arkansas Democrat-Gazette appeared an article by the editors (Paul Greenberg is the editor of the editorial page) called, “The real Section 7, as opposed to the Hon. Barack Obama’s.” This article went through section 7 of the U.S. Constitution and shows how President Obama has distorted the Constitution to please himself. I WANT TO KNOW IF YOU WILL STAND UP TO HIM AND HOLD HIM ACCOUNTABLE FOR THESE ACTIONS? (Dan Mitchell of the Cato Institute has recently written a fine article on this same issue, and his friend Ilya Shapiro has written on it too, and so have Heritage Foundation scholars  and . ) You will notice that I have tried to keep this post very simple and not get into other issues such as President Obama’s abuse of the IRS. Issues like this can be argued but stepping over line 18 times with his unconstitutional actions in the case of Obamacare are what I am focusing on today.

Here is the complete article below:

EDITORIALS

The real Section 7

As opposed to the Hon. Barack Obama’s

This article was published February 16, 2014 at 3:05 a.m.

Editor’s note: Lo and behold, all these years later, Article I, Section 7 of the Constitution of the United States has been reviewed again, and this time read in a new light. Who knew that so many unwritten words could be found there? Perhaps not even the Founders, who wrote Section 7, which is the one specifying what presidents can do when presented with the laws passed by Congress. Here is the new-and-improved, just-rediscovered, revised-and-redesigned text. And it’s quite a piece of work: SECTION 7. All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills. Every Bill which shall have passed the House of Representatives and the Senate, shall, before it becomes a Law, be presented to the President of the United States; If he approve he shall sign it, but if not he shall return it, with his Objections to that House . . . .

Or if, after passage, he shall discover some part(s)of it that he does not much care for, or just finds inconvenient, he may delay, reword, or otherwise change such passage(s), taking care that he refer to said process only as a delay, interpretation, “smoothing out this transition,” or some equally glib euphemism.

Yes, all that sounds reasonable. Antiquated laws need to be updated, and the Affordable Care Act was passed way back in 2010, which might as well be the Dark Ages by this president’s sense of history. Yes, who knew all the problems it would face by 2014? Except maybe the usual quirky critics who are always trying to hold up Progress, aka Republicans.

But a president has to have some needed elasticity, or in the popular parlance, Wiggle Room, when it comes to laws passed by Congress. Even if those laws were passed at his own strenuous urging and have been billed as his Signature Achievement, however hard he’s trying to disguise his handwriting on it.

TO CONTINUE unrolling this document just discovered in a cranny of the White House next to the billing records of Hillary Clinton, Esq.:

If after such Reconsideration two-thirds of that House shall agree to pass the Bill, it shall be sent, together with the Objections, to the other House, by which it shall likewise be reconsidered, and if approved by two-thirds of that House, it shall become a Law.

And take effect until the president feels it has become inconvenient or otherwise superseded by circumstances, political necessity, or the influence of the most powerful business interest of the moment. Then the president shall duly make any changes to the law that Congress has passed-but only if those changes are called waivers, hardship exceptions, phase-ins, or administrative adjustments, including but not limited to any and/or all of the above.

But in all such Cases the Votes of both Houses shall be determined by yeas and Nays, and the Names of the Persons voting for and against the Bill shall be entered on the Journal of each House respectively.

If anyone should be so unruly as to point out that the president is selectively enforcing the law, and should they demand the president grant individuals, aka Only Citizens, the same exemptions to his law that he grants businesses, states, labor unions or other such favored beneficiaries of his grace from time to regular time, the president shall say with due sobriety, a perfectly straight face and doleful countenance in general, that such suggestions would not be in line with the intent of the law as it has just been revealed to him by a higher power, to wit, himself.

If any Bill shall not be returned by the President within ten Days (Sundays excepted) after it shall have been presented to him, the Same shall be a Law, in like Manner as if he had signed it . . . .

But all such provisions shall be duly nullified if corporations, chambers of commerce, the Democratic Party, or other such financial and/or cultural institutions or their representatives, herein to be called lobbyists, start calling the White House at all hours and generally making pests of themselves. Also, if there is an election scheduled within the calendar year, let the president pick and choose who should have to comply with the laws passed by Congress and signed by himself, his word being good as his broken bond.

NO MATTER your opinion of Obamacare, the employer mandate, the individual mandate . . . . no matter if you work at a business that has 50 to 99 employees, or 100 or more, or push a lawnmower by yourself . . . no matter if you have had health insurance for years but have had your insurance canceled because of Obamacare, or are just now getting a policy on the new and still clunky exchanges, or have decided to quit your job now that health insurance is free, at least to you, as an American you are supposed to sleep better o’ night because this is a nation of laws. And the principal official in charge of enforcing those laws of the United States is the president of the United States. To which, watching this president in repeated action, an observer might respond with that well-known legal maxim: Don’t count on it, bub.

What the president isn’t supposed to do, theoretically, is enforce the laws for some, and look the other way when his friends, supporters or just rich folks with clout (a Chicagoism for what’s being exercised in this case) would like to ignore the law. Then they get two years to comply, extension always possible, while you, sucker, had better watch your step.

At the risk of being a stickler for a minor matter like the mere law, here’s a modest proposal: Why not just give the president’s version of the above, new-and-improved Section 7 what used to be called in the military the ol’ Section 8-and boot it out for the good of the service?

Obamacare may be this president’s baby, his legacy, his Signature Achievement. But that doesn’t mean it means whatever he says it does at any given time. At least we hope the letter-and spirit-of the law hasn’t yet been reduced to The Hon. Barack Obama’s writ or whim or political tactic of the moment.

L’etat, c’est moi, said a French monarch whose dynasty was riding for a fall. The law, it is whatever I say it is, doesn’t sound like any better a theory.

Editorial, Pages 78 on 02/16/2014

Print Headline: The real Section 7

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This is very much the same case as raising the debt ceiling in my view. It seems that the Republicans keep allowing the Democrats to raise that too. Why don’t the Republicans  just vote “NO” on the next increase to the debt ceiling limit because it is our duty to balance the budget just like it is to uphold our constitutional duties!!!!!!!!!. I have praised over and over and over the 66 House Republicans that voted no on the debt ceiling increase . If they did not raise the debt ceiling then we would have a balanced budget instantly and at least if we kept the sequester in place it would slow down the growth in federal spending.  I agree that the Tea Party has made a difference and I have personally posted 49 posts on my blog on different Tea Party heroes of mine.

I have written and emailed Senator Mark Pryor over, and over again with spending cut suggestions but he has ignored all of these good ideas in favor of keeping the printing presses going as we plunge our future generations further in debt. I am convinced if he does not change his liberal voting record that he will no longer be our senator in 2014.

I have written hundreds of letters and emails to President Obama and I must say that I have been impressed that he has had the White House staff answer so many of my letters. The White House answered concerning Social Security (two times), Green Technologieswelfaresmall businessesObamacare (twice),  federal overspendingexpanding unemployment benefits to 99 weeks,  gun controlnational debtabortionjumpstarting the economy, and various other  issues.   However, his policies have not changed, and by the way the White House after answering over 50 of my letters before November of 2012 has not answered one since.   President Obama is committed to cutting nothing from the budget that I can tell.

TRY BORROWING AT A BANK WITH A FINANCIAL CONDITION LIKE THE USA HAS:

The problem in Washington is not lack of revenue but our lack of spending restraint. This video below makes that point. WASHINGTON IS A SPENDING ADDICT!!!

Back to President Obama and the Constitution, take a look at what Dan Mitchell posted today concerning the imperial President:

Just like Clark Kent could change into Superman, President Obama has a remarkable ability to change into King Obama.

Tired of that pesky Constitution? Irritated that the Founding Fathers created a system based on separation of powers? Well, there’s a superhero to overcome those obstacles.

Faster than a last-minute Obamacare reg! More powerful than the Tenth Amendment! Able to leap the enumerated powers clause in a single bound! (“Look! Up in the sky!” “It’s a bird!” “It’s a plane!” “It’s SuperPresident!”)… Yes, it’s SuperPresident … strange visitor from corrupt Chicago, who came to Washington with powers and hubris far beyond those of the Founding Fathers! SuperPresident … who can change the course of the Constitution, bend the Bill of Rights in his bare hands, and who, disguised as Barack Obama, mild-mannered uniter who stops the rise of the oceans and heals the planet, fights a never-ending battle for redistribution, statism, and the French way!

And what has our superhero done lately?

He’s arbitrarily and unilaterally changed the Obamacare law.

Since it’s the 18th time he’s done that, this may not seem very newsworthy. But the latest change is particularly interesting because the President is ordering certain companies to maintain their existing payrolls.

Check out this blurb from a Fox News story.

Obama officials made clear in a press briefing that firms would not be allowed to lay off workers to get into the preferred class of those businesses with 50 to 99 employees. …Firms will be required to certify to the IRS–under penalty of perjury–that ObamaCare was not a motivating factor in their staffing decisions. To avoid ObamaCare costs you must swear that you are not trying to avoid ObamaCare costs.

When this story first came to my attention, thanks to James Taranto, something seemed eerily familiar.

Where had I read about a government ordering companies to freeze in place their employment levels.

I went through all the usual suspects in my mind. Was it Argentina? Was it France? How about California?

And then it struck me that life was imitating fiction. Obama’s policy is so bad that it resembles a scene in an Ayn Rand novel.

In her most famous work, Atlas Shrugged, the political elite try to halt the economy’s decline by imposing Directive 10-289, which seeks to freeze in place all factors of production – including the number of workers at each firm.

All workers, wage earners and employees of any kind whatsoever shall henceforth be attached to their jobs and shall not leave nor be dismissed nor change employment.

Obama’s latest diktat doesn’t go nearly as far as Directive 10-289, thankfully, but it’s more than a bit disturbing that we’ve gotten to the point where a bunch of hacks in Washington think that they have the right to tell private companies how many people they’re allowed to have on the payroll.

But I guess we shouldn’t be surprised.

This isn’t the first time that the real-world unfolding of Obamacare has resembled a scene from Atlas Shrugged. Back in 2011, I wrote about how the waiver process for escaping the law was almost identical to the corrupt system of unfreezing railroad bonds in the book.

P.S. While searching online to get the details of Directive 10-289, I saw that John Sexton, writing for Breitbart, beat me to the punch.

P.P.S. If you prefer to get anti-statism satire from Superman instead of Atlas Shrugged, you may enjoy this cartoon.

Thank you for your time.

Sincerely,

Everette Hatcher, 13900 Cottontail Lane, Alexander, AR 72002, cell ph 501-920-5733, everettehatcher@gmail.com , www.thedailyhatch.org

PS: I named my son Wilson Daniel Hatcher after my favorite president Ronald Wilson Reagan. I got to see Reagan when he spoke in Little Rock in November of 1984 and he waved at my wife Jill and I at a corner where we stood alone when his car drove by. I wish we had more statesmen in Congress like him today and the 66 Brave Republicans who have stood up to Obama’s big government power grab! I have only a few heroes that I look up to and Adrian Rogers, Billy Graham, Francis Schaeffer, Dr. C. Everett Koop, Milton Friedman and George Washington are a few of them that come to mind. We need more men like them today but only Billy Graham is still alive out of that group.

https://i1.wp.com/www.reagan.utexas.edu/archives/photographs/large/C508-22A.jpgPresident Reagan and Nancy Reagan greeting Billy Graham at the National Prayer Breakfast held at the Washington Hilton Hotel. 2/5/81.

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