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Related: Editorials & Other Articles, Issue Forums, Alliance Forums, Region ForumsTrump sabotaging Obamacare? Yeah... That would be unconstitutional and violate his oath of office.
http://www.dailykos.com/stories/2017/3/25/1647327/-Dem-Rep-Calls-Out-Trump-s-Tweet-Hoping-Obamacare-Will-Explode-As-Unconstitutional-And-EvilTrump's petulant response to the colossal and dismal failure of the first significant test of his Presidency was to callously express his hope that the Affordable Care Act (Obamacare) would explode, thus paving the way for whatever imaginary legislation he claims could replace it.
...
However, Trump is obligated by his oath of office (whether or not he bothered to pay attention to that oath) to faithfully execute the laws of the United States. That is explicit in Article II of this countrys Constitution, and is known as the Take Care Clause:
The President must "take care that the laws be faithfully executed."[24] This clause in the Constitution imposes a duty on the President to enforce the laws of the United States and is called the Take Care Clause,[25] also known as the Faithful Execution Clause[26] or Faithfully Executed Clause.[27] This clause is meant to ensure that a law is faithfully executed by the President [25] even if he disagrees with the purpose of that law.[28]
...
The Constitution obligates this President to ensure that the Affordable Care Act is faithfully executed. Failure to do so is a violation of any Presidents oath of office, and a violation of the Constitution.
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Trump sabotaging Obamacare? Yeah... That would be unconstitutional and violate his oath of office. (Original Post)
DetlefK
Mar 2017
OP
If the House didn't fund parts or all of the ACA, wouldn't this also be a violation of their Oath of
no_hypocrisy
Mar 2017
#1
Presidents for awhile now have not enforced the Sherman anti-trust act...
Talk Is Cheap
Mar 2017
#11
no_hypocrisy
(46,104 posts)1. If the House didn't fund parts or all of the ACA, wouldn't this also be a violation of their Oath of
Office?
raging moderate
(4,305 posts)2. IOKIYAR
But you knew that, didn't you? These people treat the Constitution like Kleenex.
yeoman6987
(14,449 posts)8. Not if they pass bills to destroy it
Trump cannot do a thing. Congress holds the purse strings.
Kingofalldems
(38,456 posts)10. He can veto the bills FYI, yeoman6987.
C_U_L8R
(45,002 posts)3. It's the law of OUR land
And Little Lord TrumpLeRoi doesn't get to pick and choose which laws he's going to uphold.
Squinch
(50,949 posts)4. You say that as if it would stop him.
sheshe2
(83,758 posts)7. The President must "take care that the laws be faithfully executed."
He must think "faithfully executed" means 'faithfully Kill' the law.
Just saying.
onenote
(42,702 posts)6. Of course the faithfully execute provision has never been read that literally
President's have leeway in how they "execute" the laws of the land, which is how, for example, President Obama could make judgment calls about how to execute the nation's immigration laws.
Even more on point - you're making essentially the same argument the Republicans made when they sued Obama for delaying the ACA's employer mandate provision's effective date. The Republicans lost that claim, with the court stating U.S. District Court for the District of Columbia dismissed this part of the lawsuit. "if [the Republicans arguments] were accepted, every instance of an extra-statutory action by an executive officer might constitute a cognizable constitutional violation, redressable by Congress through a lawsuit. Such a conclusion would contradict decades of administrative law and precedent."
Trump should be condemned for undermining the ACA not because its unconstitutional for him to do so, but because it's heartless.
doc03
(35,336 posts)9. The GOP doesn't give a damn about any "Take Care" Clause. They should have
had hearings on the seat in SCOTUS but didn't and got away with it.
Talk Is Cheap
(389 posts)11. Presidents for awhile now have not enforced the Sherman anti-trust act...
Since Reagan....
Unfortunately, a president can simply not enforce laws on the books...