"Delaying The Employer Mandate Requires Delaying All Of Obamacare"
Michael F. Cannon blogs at Cato that Congress mandated that Obamacare take effect in 2014. There is no out on this. But about the President and the IRS's acting as if there is:
First, the IRS's unilateral decision to delay the employer mandate is the latest indication that we do not live under a Rule of Law, but under a Rule of Rulers who write and rewrite laws at whim, without legitimate authority, and otherwise compel behavior to suit their ends. Congress gave neither the IRS nor the president any authority to delay the imposition of the Patient Protection and Affordable Care Act's employer mandate. In the section of the law creating that mandate, Congress included several provisions indicating the mandate will take effect in 2014. In case those provisions were not clear enough, Section 4980H further clarifies:(d) EFFECTIVE DATE.--The amendments made by this section shall apply to months beginning after December 31, 2013.It is hard to see how the will of the people's elected representatives - including President Obama, who signed that effective date into law - could have been expressed more clearly, or how it could be clearer that the IRS has no legitimate power to delay the mandate. Again, Ezra Klein: "This is a regulatory end-run of the legislative process. The law says the mandate goes into effect in 2014, but the administration has decided to give it until 2015 by simply refusing to enforce the penalties."
This matters because the Obama administration has abused nearly every power it possesses-and asserted powers it clearly does not possess-to protect Obamacare. A partial list of abuses:
•Shortly after its enactment, Obamacare began increasing health insurance premiums. To prevent a(n even greater) backlash, Obama's HHS Secretary Kathleen Sebelius started waiving select mandates for select companies and unions. Congress gave her no authority to issue such waivers.•When health insurers began to inform customers how much Obamacare was increasing their premiums, Sebelius threatened to use her powers under the law to bankrupt any insurer that conveyed an unapproved message about the law. All insurers quickly complied.
...Second, the employer mandate is so intimately tied to the rest of the law that the IRS cannot delay it without delaying the rest of Obamacare.
In addition to penalizing employers that fail to offer acceptable coverage, Obamacare offers tax credits and subsidies to certain workers who don't receive an offer of acceptable coverage from an employer. The law requires employers to report information to the IRS on their coverage offerings, both to determine whether the employer will be subject to penalties and whether its employees will be eligible for credits and subsidies.
More at the link. Very, very disturbing. We got out from under the yoke of the king -- only to have a short honeymoon and then fall back under it, while kidding ourselves that we have a better sort of government.
This is part of the problem with the co-equal branches of government when the other branches never exercise their ability restrict the other branches.
SCOTUS failed by calling it a tax instead of fine, but not striking it down because it originated the Senate. (I won't even get into the failures of search and replace in the Robert's decision.)
It is even made worse by the split of the House and the Senate by the political parties. The Constitution was not built with the parties in mind, or rather that they knew the parties would exist but expected the members not be bound to them. They wanted congress people to vote in the best interests of the citizenry and not because the party said so.
So the only way to get rid of Obamacare is going to be via popular "revolt" that both the executive and congress know the serfs aren't going to comply. Delaying the mandate a year gets them through the 2014 midterms. At which time there isn't much we can do for another two years short of recall elections.
Because Obamacare is being run by the Treasury and IRS which is under control of the Executive branch. They can come up with any and all the excuses in the world why they can't implement it on the original date. The only way to get the original enforcement date back is for the House to sue the Executive in the D.C. circuit court, and get a favorable ruling by 12/31.
I have no faith in the D.C. circuit court.
Jim P. at July 6, 2013 7:08 AM
We let the Federal Government assume power not granted to it by the Constitution, We followed the decisions of unelected judges, not content with merely striking down laws, but assuming the power to rule by judicial fiat. We let the Congress delegate their responsibility to the bureaucracy. The fault lies not with them, because those seduced by power naturally seek it, but with us for allowing it. This is not the country it once was. This isn't even the country I grew up in.
MarkD at July 6, 2013 8:04 AM
If those in charge of enforcing the law can ignore it, why cant those who are supposed to obey it?
Sounds like a 14th amendment violation waiting to happen the first time the government tries to pusnish someone for doing the same thing governemnt officals did without suffering any consequence
lujlp at July 6, 2013 9:51 AM
"I have no faith in the D.C. circuit court."
Got a good laugh out of that Jim. I think I know you well enough to say there ain't much in government that you have faith in.
Dave B at July 6, 2013 11:49 AM
I'm glad I could make your day.
And anytime you (or anyone else) feels my analysis is wrong -- please point it out. I'm always willing to learn and modify my views based on facts.
Jim P. at July 6, 2013 12:55 PM
Because somewhere way back the politicians granted themselves sovereign immunity:
That was back in the 1850's so it has been there a long time. Essentially government employees are guilt free from just about anything they do. It's so bad that Kennedy might have been able to walk away from Mary Jo and still not be found guilty.
You don't have a basis if the government employees aren't insured at the same standard. Basically anyone who works for SCOTUS, the White House or Congress can't file a complaint with the Department of Labor for work hours, pay, abuse, sexual harassment and many other things.
So the Tenth and Fourteenth don't really apply.
Jim P. at July 6, 2013 1:12 PM
If those in charge of enforcing the law can ignore it, why cant those who are supposed to obey it?
They have guns.
You may have guns, but they can make your use illegal, and theirs legal.
I will make it legal (youtube clip)
I R A Darth Aggie at July 6, 2013 2:56 PM
Complaints about the Affordable Care Act? Boo-freaking-hoo. The insurance companies have only themselves to blame.
I have no problem with people getting filthy rich, unless they're getting filthy rich by extorting people to pay for insurance to help them when they get sick, only to have their insurance yanked out from under them, by finding ways to avoid having to pay out.
But I do want the homeless man with juvenile diabetes to be able to get his insulin. (And yes, I encountered just such an individual today.)
If you aspire to be a corporate CEO making a bazillion dollars a second, more power to you. But if you're making that kind of money selling health insurance, then obviously, your customers are paying too much.
Patrick at July 6, 2013 4:26 PM
He is homeless why -- because the insurance companies are charging too much? Doesn't he qualify for Medicaid? Isn't that a government decision and not one made by insurance companies? Why isn't he responsible for panhandling enough money to walk into a drug store and buying his own insulin and other supplies?
And taking over the or controlling the healthcare insurance is going to help how?
This is the same government that has declared a war on drugs in the 80's that they have no hope of winning.
This is the same government that has the IRS deciding whether an organization that wants to teach about the U.S. Constitution deserves tax exempt status.
This is the same government that has the Energy Department wasting over half a trillion dollars on Solyndra.
This is the same government that is wasting money on high speed rail between L.A. and San Fran with tickets that are going to be the $200 range. The plane tickets cost $89 and is still quicker.
This is the same government that has the Dept Of Ed for many years and we still have failing schools and students that aren't educated.
This is the same government that has sovereign immunity. If an insurance company or hospital fucks up somebody can sue them. But if the government screws up what recourse does anybody have?
Jim P. at July 6, 2013 10:01 PM
lujlp: "If those in charge of enforcing the law can ignore it, why cant those who are supposed to obey it?"
Because those in charge control the police, guns, courts and jails of the government, and will use them to bankrupt, defame, imprison or kill you, without consequence to themselves, if you do not submit to their will.
Ken R at July 7, 2013 9:28 AM
I wasn't disagreeing with you Jim if that is how you took it. I agree with your analysis, as usual. There is little reason in today's world to have faith in the government. I may be overstating your confidence but not how I read your work.
Dave B at July 7, 2013 9:34 AM
No worries -- I was taking it with the humor intended.
Jim P. at July 7, 2013 11:24 AM
"The insurance companies have only themselves to blame."
And, of course, individuals have no part in this at all.
"The art of concluding from experience and observation consists in evaluating probabilities, in estimating if they are high or numerous enough to constitute proof. This type of calculation is more complicated and more difficult than one might think. It demands a great sagacity generally above the power of common people. The success of charlatans, sorcerors, and alchemists — and all those who abuse public credulity — is founded on errors in this type of calculation." - Benjamin Franklin
There you have everyone of learning and station showing their advantage. I note that you absolve government of this tendency in backing the Affordable Care Act.
Radwaste at July 7, 2013 5:59 PM
Don't worry about getting a reply. Patrick knows he's right so won't bother pissing on a peon like you or me.
Jim P. at July 7, 2013 10:03 PM
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