Thinking Out Loud: Obama’s Illegal Addendum to His Illegal Amendment

This is satire.  In addition to once again illegally waiving the employer mandate in his Affordable Care Act (ACA) — this time an additional year (to Jan. 1, 2016) for companies with 50 – 99 employees — President Obama has added an illegal requirement to that illegal waiver.

As I have written ad nauseam, President Obama has no constitutional authority to amend a duly enacted law, which the Affordable Care Act definitely is.  The Constitution (Article I, Sec. 1) only gives Congress the power to make or amend laws, while it requires that the president (Article I, Sec. 7) must ensure that all laws are “faithfully executed” — enforced.   President Obama, by unilaterally amending (waiving) the employer mandate, which is a key provision in the ACA, has definitely not enforced it.  He has changed it.

Which is bad enough, but this new waiver, which exempts companies with 50 – 99 full-time employees for another year, may result in companies laying off, firing, or reducing to part-time status enough employees to get to fewer than 100 employees, and therefore qualify for this extra-year exemption.  That would be a real job killer, so Obama has added a further condition.  Employers will be required to certify to the Internal Revenue Service, under pain of perjury, that this additional employer mandate waiver was not a motivating factor in the company’s decision to reduce its full-time employees to fewer than 100, thereby qualifying for this waiver — a waiver that will save the company many thousands of dollars in avoided health care costs and taxes (recall the Supreme Court ruled the mandate was a tax and not a penalty).

So, to be clear, Obama has assumed the authority to require private businesses to swear an oath to the IRS regarding their hiring and firing decisions.

Talk about an unconstitutional assumption of power.  Companies have every right to fire, lay-off or change the employment status of their employees for any reason that affects their bottom-line, including doing so if that would avoid, even for one year, paying massive health care costs or taxes.  It may sound heartless, but companies work for shareholders, not the government, and corporate officers who do not consider any financial savings that positively affect the bottom-line would be derelict in their duties to their shareholders. Companies are not formed in order to hire workers.  Companies hire workers in order to positively contribute to the bottom line, and when letting employees go improves the bottom-line more than does keeping them, then that is, and always has been, the company’s prerogative.  The government has no business interfering.

An illegal requirement added to one more illegal alteration of the signature legislative achievement of his presidency.  I take it back.  This is beyond satire.