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Obama not even pretending he has legal authority to delay the ObamaCare employer mand


May 11, 2013
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Obama not even pretending he has legal authority to delay the ObamaCare employer mandate

by Allahpundit
July 29, 2013

Via Byron York, an amazing bit buried in the NYT’s interview with The One after his economy-speech snooze last week. This is as close as you’ll ever get to seeing a pol answer a reporter’s question with “because I said so”:

NYT: People questioned your legal and constitutional authority to do that unilaterally — to delay the employer mandate. Did you consult with your lawyer?

MR. OBAMA: Jackie, if you heard me on stage today, what I said was that I will seize any opportunity I can find to work with Congress to strengthen the middle class, improve their prospects, improve their security –

NYT: No, but specifically –

MR. OBAMA: — but where Congress is unwilling to act, I will take whatever administrative steps that I can in order to do right by the American people.

And if Congress thinks that what I’ve done is inappropriate or wrong in some fashion, they’re free to make that case. But there’s not an action that I take that you don’t have some folks in Congress who say that I’m usurping my authority. Some of those folks think I usurp my authority by having the gall to win the presidency. And I don’t think that’s a secret. But ultimately, I’m not concerned about their opinions — very few of them, by the way, are lawyers, much less constitutional lawyers.

I am concerned about the folks who I spoke to today who are working really hard, are trying to figure out how they can send their kids to college, are trying to make sure that they can save for their retirement. And if I can take steps on their behalf, then I’m going to do so. And I would hope that more and more of Congress will say, you know what, since that’s our primary focus, we’re willing to work with you to advance those ideals. But I’m not just going to sit back if the only message from some of these folks is no on everything, and sit around and twiddle my thumbs for the next 1,200 days.​

Evidently if Congress doesn’t do what he wants, he enjoys legal authority under the Doin’ Good For The People Clause of the Constitution to do it himself. That’s not the first time he’s invoked that clause either; remember, he decided to continue his intervention in Libya even though his own lawyers concluded that he had no power to do so under the War Powers Act.

If Bush pulled the “because I said so” shtick in defending his own decision not to enforce a statute, Senator Obama would have screeched about it endlessly, just like he screeched about executive overreach, signing statements, drone warfare, domestic surveillance, and all the other supposed ills of the Bush age that he’s ended up adopting.

Read more:
Obama not even pretending he has legal authority to delay the ObamaCare employer mandate « Hot Air

Just pointing out the foibles of this administration.
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