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Imagine My Surprise!

From Laz A. Mataz:

It’s been a fascinating ten years.

From 2009 to 2017, I was instructed that a President is unrestrained by the Constitution, and that they are all-powerful and can enact laws unilaterally, via Executive Order, and that they can ignore the Constitution as they see fit.

But NOW we learn that Presidents are completely powerless and cannot rescind any Executive Order, set any Administration Policy, or hew to the written law, about any topic, for any reason. That is because to do so would violate unwritten parts of the Constitution.

Let us review the actions that the News Misleadia and the Obama Administration championed, in their quest to inform us that a President is omnipotent:

  • Obama appointed thirty-five Federal Czars [1] without Senate advice and consent, which is required for appointees of this magnitude.
  • After admitting twenty-two times [2] that he had no Constitutional authority to enact the DREAM Act or DACA, he promptly enacted the DREAM Act / DACA. [3]
  • Despite the fact that the Executive Branch MAY NOT ALTER any legislation, but only interpret it, Obama unilaterally altered “Affordable” Care Act twenty-four times. Below are just a few of the examples:
    • Obama altered ACA law – Delaying the upholding of the Employer Mandate Law (“Affordable” Care Act) until 2015 – Individual Mandate will be enforced. A President does not have that authority.
    • Obama altered ACA law – “Affordable” Care Act Medicare cuts were delayed until 2015.
    • Obama altered ACA law – Enforcement of eligibility requirements for “Affordable” Care Act were delayed until 2015.
    • Obama waived “Affordable” Care Act Income Verification.
    • Obama altered ACA law – Delayed “Affordable” Care Act caps on out of pocket expenses until 2015. (When that date arrived, premiums did skyrocket)
    • Obama shelved part of the “Affordable” Care Act Law for Insurers, extending the life of non-qualifying (according to “Affordable” Care Act) plans until Jan. 1, 2015.
    • Obama waived “Affordable” Care Act individual mandate for those that lost their insurance.
    • Obama alters “Affordable” Care Act law and exempts companies employing between 50-100 full-time workers from business mandate until 2016.
  • Obama issued a Directive instructing ICE to NOT enforce immigration laws in certain cases. This is in clear opposition to the mandate in the Constitution that the President “shall take Care that the Laws be faithfully executed”.

There are dozens, more, of examples of how a President is the ultimate lawgiver — the pinnacle-politician, the final arbitrator of absolute law — unshackled by any other power, person, or institution.

Yet suddenly (and I admit complete surprise) we are instructed that Presidents have no powers whatsoever, and may not even invoke privileges detailed in the Constitution and in Legislation. Coincidentally, this new era of enlightenment occurred within seven days of President Trump ascending to this (unexpectedly diluted) position. To wit:

So, we learn first that a President is all-powerful and unrestrained. Then, we learn that a President is utterly powerless and cannot exercise clearly legal and lawfully-delineated actions.

Imagine my surprise. I suppose it all depends on who the President is.