A Law is a Law is a Law

About: Wikipedia main article on Law

... or is it?
As citizen & aware of the Law (with the usual IANAL disclaimer) I hold the Law in the context of written agreements for societal behavior the violation of which has consequences. I hold that once a law is written by congress & signed off by the president & even perhaps had the supreme court's blessing it must be enforced & there are consequences. It appears that The Affordable Health Care Act is written more as an executive order than a law with its many unspecified convoluted details left to the secretary who in turn works directly as part of the executive for the president. Still executive orders are considered law - see the Wikipedia. Can the president, whoever it is,  violate his own law? Can the secretary do so? Are there any consequences to lying about the law to various components of society as to what the law contains just because it is mostly an executive order? Can the president give a waiver of the law's consequences to his favorite groups & none to others? What happened to equal protection?  Why is the president not specifically subject to his own Affordable Health Care Act? Why not all of government employees? Is the electorate & citizenry asleep at the wheel?



Tags

  1. the law
  2. executive orders
  3. affordable healthcare

Comments


Seth says
One of the most fascinating parts of the article is the final paragraph of the main introductory paragraph of the Wikipedia article which links to this:
source: ... Withering away of the state is a concept of Marxism, coined by Friedrich Engels, and referring to the idea that the social institution of a state will eventually become obsolete and disappear, as the society will be able to govern itself without the state and its coercive enforcement of the law.
...


Seth says
ME 2013-11-10 00:44:00 16887
Somehow I have mixed emotions about the notion of a withering away of the state.

There are some things the law acknowledges as de facto like segregation & sexual harassment.  Can bribery & waivers of the law be considered in that context & be prevented? Like giving government employees extra help with the Affordable Healthcare Act.



Seth says
& in today's news: http://townhall.com/tipsheet/katiepavlich/2013/11/14/breaking-obama-and-pelosi-to-offer-fix-for-people-to-get-their-insurance-back-n1746480
...
If the Affordable Health Care Act is settled law & insurers have to get rid of policies which do not meet standards set by the law then how can POTUS just declare they are OK now.  Is POTUS a dictator?


Seth says
source: mark asks
If the Affordable Health Care Act is settled law & insurers have to get rid of policies which do not meet standards set by the law then how can POTUS just declare they are OK now.
... Good question.  Certainly Obama has a cadre of lawyers who can interpret the kinds of changes that can be made by the administration to the operating rules of the affordable care act.  Me, i trust that he has consulted the lawyers in this matter.  But i still would like to know the exact legal latitude he has within the law for fixing these kinds of problems.   fairly obviously the congress with its partisan wrangling is not going to be able to make these kinds of necessary surgical fixes ... so it would be nice to know just how far the administration can go in fixing this thing that is broken. 

Seth says
seth 2013-11-14 10:52:32 16887
source: mark asks
If the Affordable Health Care Act is settled law & insurers have to get rid of policies which do not meet standards set by the law then how can POTUS just declare they are OK now.
... Good question.  Certainly Obama has a cadre of lawyers who can interpret the kinds of changes that can be made by the administration to the operating rules of the affordable care act.  Me, i trust that he has consulted the lawyers in this matter.  But i still would like to know the exact legal latitude he has within the law for fixing these kinds of problems.   fairly obviously the congress with its partisan wrangling is not going to be able to make these kinds of necessary surgical fixes ... so it would be nice to know just how far the administration can go in fixing this thing that is broken. 
I think the legal rangling already went on in SCOTUS which said that the government could not force the people to buy a certain product, but they could legally levy taxes. This now muddies the water because now the government is forcing a particular product on the people. The math is just not there to make insurance affordable or work.  The title of the act in incorrect.  In one year we still have the same hill to climb.


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