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Obama’s So-Called ‘Fix’ to Obamacare is Unconstitutional

Written By : Warner Todd Huston
November 16, 2013

On Thursday, President Obama held a press conference and made the unilateral decision to reverse his previous Obamacare rules on canceled insurance policies telling insurance carriers they must let Americans keep their plans for “another year.” But after his presser, many people are saying that Obama’s newest fiat decision is unconstitutional.

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Obama has been lying to America for four years saying of our healthcare insurance, “you can keep it if you like it.” But the nation has learned at last that Obama flat out lied about his “keep it” pledge. Obama knew since day one that millions of Americans would lose their insurance due to his changes in what is lawful for insurance companies to offer as set out in his Obamacare law.

So, because so many are furious at losing their insurance, Obama held a Thursday press conference and unilaterally made the decision that we could keep those now cancelled plans “for another year”–as if one year makes any difference.

The fact is, those millions of policies weren’t canceled because insurance companies want to hurt their customers. Those plans were canceled because the new Obamacre law made those policies illegal to offer.

Obama is the one that cancelled those plans, not the insurance companies.

But the big question from Thursday’s presser is this: is it Constitutional for Obama to just make the decision that insurance companies must now allow people to keep those insurance polices for another year despite the Obamacare rules he himself signed into law?

Critics claim that Obama simply cannot just change the law whenever he feels like it by his own, royal decree.

In his own defense, Obama claims he is not “changing” any laws. He is but putting off the enforcement of the law.

But many say he can’t do that, either. One making this argument is Breitbart News’ Ken Klukowski.

“To remove all doubt: The Take Care Clause of the Constitution absolutely forbids any president from doing exactly what Obama did Thursday,” Klukowski wrote on Friday, Nov. 14.

Klukowski says that Obama does have the power to decide what criminals he will prosecute but does not have the Constitutional power to decide what laws he will and will not enforce.

Article II, Section 3 of the U.S. Constitution commands of every president: “he shall take Care that the Laws be faithfully executed.” Like every provision in the Constitution, it has a legal meaning—and that meaning is the Supreme Law of the Land, which Congress, the courts, and—yes—each president is bound by his oath of office to follow carefully.

Klukowski is not alone, of course, as seen in the video below.

Regardless, Obama can’t just tell insurance companies that it is OK for them to offer policies that are actually illegal under the law! The fact is, Obama is trying to create political cover by acting as if when insurance companies refuse to allow you to keep your insurance (because they don’t want to be liable for breaking the law) Obama is trying to make it seem like it is insurance providers’ fault that the plans are dropped. The fact is, the plans are gone and it is his fault no matter what new lie he tries to tell us all.

Here is a great video montage of Obama’s four years of lies…

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