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Current Events vs. Founding Documents

This column presents facts regarding the United States Constitution, the Declaration of Independence, the Wisconsin State Constitution, and various other documents in reference to modern topics. Mark hopes to encourage interest in those works so that others can consider whether our government is practicing within its constitutional limits. In the last category, he may indicate his opinion. Mark is a resident of New Berlin. Readers are encouraged to visit the following sites for more information on the United States Constitution and Thomas Jefferson's views on politics and government.

The President Unfaithfully Executes The Law

Constitution, executive power, Separation of Powers

Entry 204

Current Event


According to, November 14, 2013

Obama: Canceled plans can be kept for a year

President Obama said Thursday that insurance companies can allow Americans to keep canceled policies for another year as they adjust to the new demands of the health care law.

"Americans whose plans have been canceled can choose to re-enroll in the same kind of plan," the president said during a White House news conference.

In the coming weeks, insurance companies must also notify customers of what those policies lack, and of options consumers have for better coverage under the new law, Obama said. He said, "this fix won't solve every problem for every person, but it's going to help a lot of people."

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According to The Hill, October 1, 2013

Delay of ObamCare’s employer mandate draws legal challenge

The Obama administration broke the law when officials decided to delay a crucial provision of the president’s signature healthcare law, according to a lawsuit filed Tuesday in federal court. 


The lawsuit, filed by the conservative group Judicial Watch on behalf of an orthodontist from Florida, seeks to block a one-year delay of the Affordable Care Act’s (ACA) employer mandate.

“He has no more power to do that than your or I,” said Larry Kawa, the Boca Raton-based orthodontist named as plaintiff in the suit.

Kawa, whose practice employs 70 people, said he spent thousands of dollars worth of legal fees to comply with the mandate in time to meet the initial deadline.

Judicial Watch President Tom Fitton, also a critic of the law, said, “it ought to fail as quickly as possible, so Americans can move past it.”

But Fitton suggested the real motive for the delay was to push the mandate’s enactment beyond the 2014 elections.

“Politics do not trump the Constitution or the rule of law,” he said.

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According to USA Today; November 22, 2013

Health care enrollment for 2015 delayed a month

The start of the 2015 enrollment period under President Obama's new health care law is being pushed back a month, from Oct. 15 of next year to Nov. 15 — just past the 2014 congressional elections.

The decision does not affect current enrollments for 2014.

Administration officials said the delay will give insurers more time to assess the experiences of the first year of the plan, helping them set polices and rates for 2015; they also noted that many people may enroll late for 2014 because of problems with the website.




Founding Document

US Constitution, Article II, Section 3 ( The Duties of The Executive Branch)

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

We the People:


The mandated timeframes are part of the law.  A president is charged by the Constitution with faithfully executing the laws.  Once again, our Constitution is barely an impediment to President Obama.


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