ObamaCare And Limitations Of Presidential Power

I’m particularly fond of reporting or opinion pieces which cut through the crap. Executive Branch Review, a part of the Federalist Society, does just that in this assessment of the recent decision to delay implementation of the Employer Mandate under ObamaCare.

But the appropriate reaction to an inadministrable law is to ask Congress to change it.  We will avoid repeating here the Constitutional limits on Presidential power regarding legislation, and refer you instead to an excellent discussion of them in Monday’s Wall Street Journal.  There, former 10th Circuit Judge and current Constitutional Law Professor Michael McConnell reminds us, among other things, that the Supreme Court in 1998 struck down a law permitting the president to exercise a “line-item veto” of appropriations.  The Constitution grants a President the power to veto a bill or to propose new legislation.  Period.   As the Court noted in Clinton v. City of New York: “There is no provision in the Constitution that authorizes the president to enact, to amend, or to repeal statutes.”

That pretty much says all that’s needed.

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