The Tradesman's Posts (122)

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Obama's Use Of Executive Orders To Circumvent Congress And Render Them Obsolete And Ineffective

Posted by The Tradesman on November 27, 2013 at 9:19am

In the last Hundred years Presidents from T. Roosevelt to G.W.Bush issued a combined total of 121 Executive Orders that changed how America did things, and how laws were to be interpreted. Obama has issued 293 and still counting since he has been in office. They drastically change not only how laws are interpreted, some of them create new meanings not intended by Congress for those laws.

 

See: http://www.justice.gov/olc/predirective.htm This gives the definition of the legal effectiveness of Presidential orders as compared to executive orders.

Obama has been using Executive Orders since he was first sworn in in his first term, to bypass and render Congress Obsolete and Ineffective. I wonder why Congress has not directly met this threat to their Constitutional Authority except Minimally and Marginally to date? This President has many times deliberately overstepped his Constitutional Authority to advance his Socialist Agenda. Obama also picks and chooses which laws he wants enforced through the DOJ.  This is a direct violation of Article II Section 3 Clause 5 of the Constitution. This President is regularly committed to usurpation of Congressional Power and violation of Constitutional Law as evidenced by his continuing actions.
 
Article 1 Section 1 of the Constitution Clearly states "All powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and a House of Representatives." and further confirms it in Article 1, section 8-18:  To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. These preclude the Chief Executive from Legislating, and limits his Executive Orders to offices of the Federal Government Bureaucracies only. Unfortunately his orders include his CZARS and their regulatory powers in their Bureaucratic positions. Regulations which have the force of law unless overturned by Congress, and that has not happened yet.
 
Executive Orders made in open and Flagrant violation of Constitutional Law, show that Obama uses his Executive Orders to hide the fact he lacks the leadership capabilities necessary to gain the majority of Congressional support needed to get his Agendas enacted into law. He also uses/relies on them to advance his Ideology in willfully ignoring the Accepted interpretations of the Constitution, and by default Ignores Constitutional Law on a regular basis to advance his agendas without benefit of Congressional Approval. 
 
This issue is basic to the Constitutional basis of 'Rule of Law' for America. When Obama states in creating an Executive Order, "He can't wait for Congress", not only is it a violation of the most basic precept of Constitutional Law, it is a violation of the trust given to him by the people of America. It is also a violation of his solemn Oath of Office.
 
Congress must take a stand against this flagrant abuse of power by Obama of using the Executive Orders to trivialize them, and render them essentially powerless. What is at issue with this President using Executive Orders, and previous Presidents use of them, is the underlying Constitutional Construct of America, which every elected government official has sworn an Oath to uphold, and not to basically change to fit their personal beliefs.
 
To make it crystal clear, I am not trying to attack  Obama the man personally. I am deliberately attacking his corrupt agenda to change America into a Socialist Welfare Nation. His Imperialistic disregard for Constitutional Law and Accepted American Traditions, must be officially challenged by Congress, and unofficially challenged by the public at every turn, if we are to remain a Republic governed by the people instead of becoming a Dictatorship or Satrap governed by a Despot.
 
Since for reasons unknown, congress has been unreasonably silent on this critical Issue; 
Please take a few minutes to contact your Representatives in Congress and explain the situation to them as you see it. Ask them to act in their, and in our best interests, to stop the erosion of power, and return the division/enumeration of powers to their proper Constitutional context, and re-institute the original Checks and Balances our Nation was Founded on.
 
As always, feel free to pass this on as you see fit.
 
The Tradesman
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Obama And The Democrats In Violation Of 17 Year Old Federal Law Passed By Democrats As Well As Constitutional Law

Posted by The Tradesman on November 26, 2013 at 5:45pm
Here is how it applies to ACA/Obamacare, the policy cancellations, and Obama's overstepping his Constitutional Authority when he ordered a change in the Law by instructing Insurance companies to reinstate policies thus changing an existing law (Article II section 1  violation), and not enforcing an existing law ( Article II, Section 3, Clause 5 ) that would have necessitated either the ACA/Obamacare be sent back to Congress to be changed to conform with existing law, or that the 1996 existing law be repealed or changed.
He did something like this previously when he extended the compliance time period for business, without benefit of congress changing the law. Congress still has not called him out on either of these usurpation's of their Constitutional Powers.
Obama and the rest of the Socialist/Democrats adamantly pushing ACA/Obamacare miss the mark on ACA/Obamacare Fixes, was it a deliberate omission on his/their part, or was it done to ultimately save Obama's signatory Train Wreck ACA/Obamacare, and/or was it geared to further his Transformation of America into a Socialist Workers Paradise?
 With the disastrous roll out of ACA/Obamacare with the resultant cancellations of a multitude of non-grandfathered policies. Reports confirm that the Democrats who so vehemently pushed this law were aware this would happen. Guess what else they suppressed; Federal Law Prohibits Their Cancellation.
 Remember when those reprobates promoting the ACA/Obamacare bill paraded so many people across the public consciousness who "Lost" their insurance when they Got Sick? the Democrats could have acted honorably, and cited the existing law prevented those cancellations, and had those cancelled policies reinstated according to the law. Instead they chose to use those peoples troubles for their and Obama's Political Gain, and to help him Transform America.
 I would say that Obama's FIX is at best ignorance of Federal Laws he should know, and at worst a deliberate scheme to misdirect the public from their Legal Rights under Existing Federal Law ( HIPPA law section 2742). It has been Illegal since 1997 to cancel someones Health Insurance Coverage when a person is either sick or has claims.
 That little tid bit was made Law under that other Democratic President Bill Clinton's administration, so the Democrats are either extremely dim witted, or they deliberately conspired suppress this information in order to usher in Obamacare by using Emotional Hysteria and Public Outrage from the public, to push their Healthcare Takeover instead of using the truth to help the people ( Their Constituents ) to regain the policies that were illegally terminated under Public Law 104-191 ( http://aspe.hhs.gov/admnsimp/pl104191.htm ). That Federal Law supersedes anything that H.S.S. or Sebelius has written into Regulation.
 
One recourse to anyone who has had their Healthcare Insurance cancelled by their insurer, is to remind the Company of HIPPA Law section 2742, and Public Law 140-191 ( Health Insurance Portability and Accountability Act of 1996 ) and contact their Governors Office, State Attorney General's Office as well as the State Insurance Commissioner's Office with the details of their case, and cite the two mentioned laws to them as precedent to have their insurance reinstatement ordered.
 
 Remember this; What is posted in the Federal Register, and was not passed by Congress, does not trump Federal Law. There was a precedent set in Cancer Patient Bill Elliot's case (  https://www.youtube.com/watch?v=gxCG7cZdKhc (Preview)  ), if you take these actions your policy will be reinstated at the previous cost and level of coverage to comply with Federal Law.
 
Lets face facts, the insurance companies have reviewed the regulations in the ACA/Obamacare law, and are ignoring a law that has been on the books for 17 years. It appears like they are doing it with the knowledge and consent of the Democrats who passed that law in 1996. It's becoming obvious they are doing it so they could reap the higher fees that were mandated in the over coverage of ACA/Obamacare. You know things like Men having coverage for Mammograms, birth control, and Abortion coverage, and  post menopausal women having to carry abortion and birth control care coverage just to name a few.
 
Here's a rub, when Obama ordered insurance companies to renew these policies even though he did not have the authority to do so, he never mentioned that pre-existing laws were being violated by the cancellations in the first place. We have a major crisis in the making since it is estimated that 14 million insurance policies were purchased that most probably will be cancelled due to ACA/Obamacare Regulations even though those Regulations are in flagrant violation of existing Federal Law.
Maybe Obama should have followed his requirements under Article II, section 3, Clause 5 of the Constitution ( the clause that states; The President " Shall take care to see that the Laws be Faithfully executed") and required Federal Laws pertaining to Healthcare Insurance be followed and enforced.
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