Tag Archives: Obama

Suspension of ObamaCare Mandate Violates the Constitution

ObamaCare requires employers with 50 or more employees to provide insurance to all full time employees working at least 30 hours per week. Employers who fail to do this will face substantial monetary penalties. According to Section 1513 of ObamaCare, the mandate takes effect in “months beginning after December 31, 2013”. In other words in January 2014.

In response to the mandate, employers are reducing employee hours to less than 30 hour per week to avoid the mandate and its related penalties. It is decidedly inconvenient for the Democrats that employees are seeing their hours and pay reduced as a result of ObamaCare. Today, the Obama Administration announced they would be delaying the employer mandate until January 1, 2015 (pushing its effective date back one year).

This move is purely political. Voters will go to the polls angry in 2014 if ObamaCare has reduced their hours and pay. The Administration is acting to protect vulnerable Democrats from the consequences of this disastrous policy. Further proof of how political the Administration’s actions are is the fact that the delay expires less than 2 months after the 2014 election. If the mandate is bad policy with bad effects, then the law should be repealed – not delayed until just past Election Day.

The President’s actions violate the law, undermine the rule of law and infringe on Congress’s Constiutional powers. The deadline for this mandate to take effect is January 2014. Obama is ignoring the law. In doing so, he is infringing on the roll of Congress under the Constitution to write the laws.

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