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Old 10-15-2017, 07:40 AM
 
Location: The Woodlands, TX
1,718 posts, read 1,056,243 times
Reputation: 1147

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Liberals, (or left leaning folks) explain to me how it was constitutional for President Obama to bypass congress and appropriate money to the insurance companies by executive order to prop up the ACA?

All President Trump is doing is canceling that executive order with his own executive order.

If President Obama had gotten the money the correct way, then President Trump could not undo it so easily as it would have been appropriated fair and square. He would have to go through congress as well.

But alas, he did not... so what's good for the goose is good for the gander.

Last edited by Texas Minded; 10-15-2017 at 08:35 AM..
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Old 10-15-2017, 08:13 AM
 
Location: Gone
25,231 posts, read 16,944,857 times
Reputation: 5932
Quote:
Originally Posted by Texas Minded View Post
Liberals, (or left leaning folks) explain to me how it was constitutional for President Obama to bypass congress and appropriate money to the insurance companies by executive order to prop up the ACA?

All President Trump is doing is canceling that executive order with his own executive order.

If President Obama had gotten the money the correct way, then Trump could not undo it so easily as it would have been appropriated fair and square. Trump would have to go through congress to as well.

But alas, he did not... so what's good for the goose is good for the gander.
The problem with trumps move is he is not providing any Solution. It is easy to say a building is on the verge of collapse it is another thi8ng to knock it down without any real replacement for it. The promise was Repeal AND Replace, what was suggested as a Replacement is not acceptable to even Party members. Demolition without rebuilding is not true leadership and not good for the Nation.
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Old 10-15-2017, 08:22 AM
 
Location: The Woodlands, TX
1,718 posts, read 1,056,243 times
Reputation: 1147
Quote:
Originally Posted by Casper in Dallas View Post
The problem with trumps move is he is not providing any Solution. It is easy to say a building is on the verge of collapse it is another thi8ng to knock it down without any real replacement for it. The promise was Repeal AND Replace, what was suggested as a Replacement is not acceptable to even Party members. Demolition without rebuilding is not true leadership and not good for the Nation.
You didn't answer my question.
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Old 10-15-2017, 08:28 AM
 
Location: Texas
37,949 posts, read 17,875,145 times
Reputation: 10371
Quote:
Originally Posted by Texas Minded View Post
You didn't answer my question.
Deflection or a non answer is a very telling response. And that poster knows better too.
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Old 10-15-2017, 08:38 AM
 
Location: Gone
25,231 posts, read 16,944,857 times
Reputation: 5932
Quote:
Originally Posted by Texas Minded View Post
You didn't answer my question.
Two Wrongs do not equate to a Right, that clear enough for ya?
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Old 10-15-2017, 08:45 AM
 
Location: Staten Island, NY
3,614 posts, read 1,737,772 times
Reputation: 2740
People forget that Obama took the money from Medicare and transferred it to Medicaid.
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Old 10-15-2017, 08:48 AM
 
Location: NE Mississippi
25,581 posts, read 17,298,699 times
Reputation: 37349
Quote:
Originally Posted by Casper in Dallas View Post
Two Wrongs do not equate to a Right, that clear enough for ya?
That's about as dumb as your first response.

Trump asked congress to provide a solution. Then you come along and complain that Trump didn't offer a solution.
Trump has also asked congress to provide a solution (or fix) to the Iran deal. That's the way it should be done.
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Old 10-15-2017, 09:25 AM
 
Location: The Woodlands, TX
1,718 posts, read 1,056,243 times
Reputation: 1147
Quote:
Originally Posted by Casper in Dallas View Post
Two Wrongs do not equate to a Right, that clear enough for ya?
Oh come on...

An illegal executive order was undone by a legal executive order.

There.
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Old 10-15-2017, 10:59 AM
 
Location: Arizona
13,778 posts, read 9,666,314 times
Reputation: 7485
Quote:
Originally Posted by Texas Minded View Post
Liberals, (or left leaning folks) explain to me how it was constitutional for President Obama to bypass congress and appropriate money to the insurance companies by executive order to prop up the ACA?

All President Trump is doing is canceling that executive order with his own executive order.

If President Obama had gotten the money the correct way, then President Trump could not undo it so easily as it would have been appropriated fair and square. He would have to go through congress as well.

But alas, he did not... so what's good for the goose is good for the gander.
Yes, I agree. Someone needs to finally answer that question directly. How was it legal for President Obama to pass money directly to insurance companies to offset premiums for lower middle class recipients for their premiums.

OK. Here's your direct answer.

The president.........any president, can sign any executive order he chooses to. He has that power to do so, just like a president can grant a pardon or amnesty to anybody he chooses to.
The order is deemed legal by virtue that the president signed it and the constitution gives him the authority to do so.
Until such a time as a Federal judge rules the order illegal, the order is legal by virtue of the constitutional powers granted to the president. Any president.

FYI: no court ruled on President Obama's executive order concerning the insurance subsidies. I admit that if a court had ruled, there was at least a 50-50 chance that the EO would have been found unconstitutional. But until or unless a court rules on the EO, the president's EO is legal by definition.

Every thread by the Trumpsters on the subject starts with the premise that the order was illegal on it's face but this is just their partisan opinion erroneously stated as facts of the discussion. The Obama executive order concerning subsidies has never been challenged in court and ruled on by any federal judge, therefor, the president's EO is legal according to the powers granted to him by the constitution.

Let's see you dance around that answer with a 2 step cha cha.
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Old 10-15-2017, 11:49 AM
 
Location: The Woodlands, TX
1,718 posts, read 1,056,243 times
Reputation: 1147
Quote:
Originally Posted by mohawkx View Post
Yes, I agree. Someone needs to finally answer that question directly. How was it legal for President Obama to pass money directly to insurance companies to offset premiums for lower middle class recipients for their premiums.

OK. Here's your direct answer.

The president.........any president, can sign any executive order he chooses to. He has that power to do so, just like a president can grant a pardon or amnesty to anybody he chooses to.
The order is deemed legal by virtue that the president signed it and the constitution gives him the authority to do so.
Until such a time as a Federal judge rules the order illegal, the order is legal by virtue of the constitutional powers granted to the president. Any president.

FYI: no court ruled on President Obama's executive order concerning the insurance subsidies. I admit that if a court had ruled, there was at least a 50-50 chance that the EO would have been found unconstitutional. But until or unless a court rules on the EO, the president's EO is legal by definition.

Every thread by the Trumpsters on the subject starts with the premise that the order was illegal on it's face but this is just their partisan opinion erroneously stated as facts of the discussion. The Obama executive order concerning subsidies has never been challenged in court and ruled on by any federal judge, therefor, the president's EO is legal according to the powers granted to him by the constitution.

Let's see you dance around that answer with a 2 step cha cha.

From May of 2016

Federal judge rules Obamacare is being funded unconstitutionally - LA Times

"House Republicans won Round 2 in a potentially historic lawsuit Thursday when a federal judge declared the Obama administration was unconstitutionally spending money to subsidize health insurers without obtaining an appropriation from Congress.

Last year, U.S. District Court Judge Rosemary Collyer broke new ground by ruling the GOP-controlled House of Representatives had legal standing to sue the president over how he was enforcing his signature healthcare law.

On Thursday, she ruled the administration is violating a provision of the law by paying promised reimbursements to health insurers who provide coverage at reduced costs to low-income Americans.

The judge's ruling, while a setback for the administration, was put on hold immediately and stands a good chance of being overturned on appeal.

But the 38-page opinion highlights the repeated complaint from Republicans that Obama and his administration have ignored constitutional limits on their authority.

The Constitution says "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law," Collyer noted, but the administration has continued to pay billions to insurers for their extra cost of providing health coverage.

"Paying [those] reimbursements without an appropriation thus violates the Constitution," she wrote. "Congress is the only source for such an appropriation, and no public money can be spent without one
."

House Speaker Paul Ryan called the ruling “a historic win for the Constitution and the American people. The court ruled that the administration overreached by spending taxpayer money without approval from the people’s representatives.”

White House Press Secretary Josh Earnest said the administration remained confident it will prevail in the end.

“This suit represents the first time in our nation’s history that Congress has been permitted to sue the executive branch over a disagreement about how to interpret a statute,” he told reporters. “It’s unfortunate that Republicans have resorted to a taxpayer-funded lawsuit to re-fight a political fight that they keep losing."

Two years ago, House Republicans sued Obama under then-Speaker John Boehner and claimed the president had violated the law by delaying enforcement of several provisions of the Affordable Care Act.

But lawyers later focused on the reimbursements for health insurers that had received little attention before. They said these payments would come to $175 billion over a decade.

The healthcare law says insurers who enroll eligible, low-income Americans shall cover the costs of their deductibles and co-payments, but promises the federal government “shall make periodic and timely payments” to cover those costs.

The law is not entirely clear on where this money will come from, however.

At first, the administration asked Congress for an appropriation to cover these costs.

But when that request went nowhere in Congress, officials at the Department of Health and Human Services said they could continue to pay these required reimbursements.


They said payments were like “other appropriate entitlements like Medicaid” that are covered by permanent federal funds and not subject to an annual appropriation.

Judge Collyer called that claim a “most curious and convoluted argument whose mother was undoubtedly necessity.” "
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