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guvment overthrow

Discussion in 'Too Hot for Swamp Gas' started by g8orbill, Dec 3, 2013.

  1. G8trGr8t
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    G8trGr8t Premium Member

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    here is another

    http://online.wsj.com/news/articles/SB10001424127887323539804578263793332301584

    at least this time the courts told the constitutional scholar that he didn't know wtf he was talking about

    and I guess this really explains why he went nuclear on the 200 years of senate rules to get his guys on the DC Circuit bench. somebody told him no, and he doesn't like being told no, so he is changing the majority to somebody who will not tell him no
  2. channingcrowderhungry
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    channingcrowderhungry Well-Known Member

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    I greatly appreciate your thoughtful response and the lack of partisan sniping I see from other posters in their responses here.

    I see what the WH and the scholar is saying, but it doesn't change my opinion on the matter.

    "“The President does have discretion not to take enforcement action when he believes it would frustrate the purpose of federal law,” Vladeck added""

    It still sounds to me like this isn't a lack of enforcement, but the president changing the dates of the law that was passed. IMO this needed to go back thru the Legislative branch to be adjusted. The end result would of been the same, but at least it wouldn't come across as a breach of the separation of powers.
  3. wgbgator
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    wgbgator Sub-optimal Poster Premium Member

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    Seems to me there is a distinction between flat out "ignoring" a law as a whole and accomodating an easier transition by allowing flexibility on dates of compliance for certain regulations contained within. I mean, I don't think anyone could make a reasonable argument that the WH wants the law as a whole to go away and pretend it doesnt exist. Seems like the intent is to make what is a pretty massive reform as easy as possible, so that the law can be enforced and achieve its goals.
  4. channingcrowderhungry
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    channingcrowderhungry Well-Known Member

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    Absolutely. But then couldn't they just pass a law that only includes the phrase "insert health care reform here" and then let the president have free reign to do what he wants? I realize it's a silly, extreme, example, but the system is in place for a reason.

    Either way, nothing comes of it.
  5. wgbgator
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    wgbgator Sub-optimal Poster Premium Member

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    Well, that is basically an oversimplified version of what congress actually does. For good reason, as you don't want various non-expert Senators micro-managing the minutia of health care regulations. Most of the detailed regulations are actually drawn up after the law is passed by the various agencies empowered to achieve the aims of the law. Congress basically says: "x" must be done by "x" agency. Its mostly up to the agency to figure out how to do that within the confines of the law and their designated regulatory powers & mandate.
  6. gatornana
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    gatornana Administrator

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    You're talking line item veto....that's not what this is. There is no repeal or amending of the law here.

    The interpretation of "faithful" enforcement has morphed over the years to provide more presidential discretion.....whether or not this is a case of overreaching, then there are legal avenues that can be pursued. Threatening armed over-throw of the government as a remedy is totally nutz.
  7. vangator1
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    vangator1 Well-Known Member

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    if the president change laws at will, the House should too. Why not the Senate too. We can have a Gatling gun of changes being made to counteract the other branch! Talk about gridlock! I'd love it!
  8. G8trGr8t
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    G8trGr8t Premium Member

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    I believe that armed overthrow of a corrupted government was envisioned and acknowledged as a possible course of action by the founders of this country when they crafted the second amendment. I think there is even something about it being a responsibility of the citizens to insure that the constitution as upheld. that whole separation of powers thing
  9. HallGator
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    Ain't going to happen.
  10. G8trGr8t
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    G8trGr8t Premium Member

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    I agree
  11. gatorman_07732
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    gatorman_07732 Well-Known Member

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    The difference between you and I is I'm not a fan of any politician. I get you kiss the ground Obama walks on, but count me out of that sickness.

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