It is now evident that a great many of people are not aware of what is truly occurring in the rolling rhetoric of our two party democratic republic's government. It has been framed in several ways from a republican hissy fit to an opposition to a fatally flaw law PPACA or Obamacare. But there is something far more substantial happening beneath the surface that is paramount You and your family understands. It is the Erosion of your representative will. An effort that is in FACT stealing your own ability to express your will via Your elected representatives.
Ok- brace yourself & I will try lay this out clearly & concisely. Regardless of whether you support or oppose the PPACA/Obamacare law, it's crucial you understand it's passage & decision by the SCOTUS ( the supreme court of the united states) in finding it Constitutional & the subsequent alterations applied unilaterally by the executive branch (President). These last items are our larger concern- for they dissolve the very principle of separation of powers that is the heart of our law in total.
When SCOTUS decided the constitutionality of Obamacare they had to alter the law in order to make pass the requirements to deem it lawful. The first alteration was changing the language of the individual mandate provision which was written by both houses of the Congress to be regarded as a penalty if individuals fail to purchase healthcare insurance. SCOTUS realized it would be gross violation of the constitution to penalize citizens who elect not to purchase insurance on the sole basis of being alive. In determining that alone SCOTUS had full authority to deem the law invalid however, that is not what they did, at that point they elected to view the penalty as a tax.
The difference between tax & penalty are long established in the history of the SCOTUS decisions . They have their own numerous & specific clauses differing between them. But the single most important fact you must realize is nowhere in the law is it ever called a tax. Of all the representatives in the House & the 2 Senators of each state Purposely did not draft the law with a tax provision. SCOTUS effectively wrote that into the law without any authority to do so in any manner of understanding. They usurped the power of Congress the one branch tasked with representing Us the citizens of the United States.
The next issue is even more baffling and easier to see the manner in which the SCOTUS has asserted unconstitutional powers over Congress. That issue is in regard to the "opt out" provision for states.
The Obamacare law essentially required all states to set insurance pools for their citizens ( the Exchanges) as a Medicade Expansion program but failed to acknowledge that the states had the right to refuse setting up these exchanges & expanding Medicade which already accounts for over a quarter of all states expenses. This is the principle of Federalism. SCOTUS recognized this to be unconstitutional as written in the law ( by OUR Representatives in their Duly Appointed roles as Representatives) . Out of Whole cloth SCOTUS then proceeded to write in an opt our clause to allow states to refuse to make the law work within the parameters of the constitution. This is entirely without Precedent. It is fully and unequivocally unlawful for SCOTUS to craft law.
From there I will fast forward to us to the more recent events. As of today, the President Barrack Obama has unilaterally without Congressional approval issued 14 separate amendments concerning waivers & subsidies. This is power and authority that the presidency simply does not have. It is completely unlawful & wholly unjust by any understanding of our governing documents.
Ok so with that laud out, exactly why is this a huge concern? Because we have been on a long winding road that is taking our representation out of establishing laws in our nation. We & oddly enough Congress members themselves, are losing our own authority to craft laws according to our concerns & issues. Why is Congress not outraged by this ? Why are they not bringing up these issues themselves? I can only offer a theory to this & it would be far astray from the point of writing this piece at the outset. In short, i believe Congress is tied to moneyed interests via their political parties & seek the unaccountability this offers them & sadly enough, too many average citizens just do not understand what they are doing