In a 1977 interview with Richard Nixon, David Frost asked: “Would you say that there are certain situations… where the president can decide that it’s in the best interests of the nation… and do something illegal?”
Nixon: “Well, when the president does it, that means it is not illegal.”
Frost: “By definition.”
Nixon: “Exactly, exactly.”
Nixon’s claim, although constitutionally grotesque, was less so than the claim implicit in Obama’s actions regarding the ACA. Nixon’s claim was confined to matters of national security or (he said to Frost) “a threat to internal peace and order of significant magnitude.” Obama’s audacity is more spacious; it encompasses a right to disregard any portion of any law pertaining to any subject at any time when the political “environment” is difficult.
Obama should be embarrassed that, by ignoring the legal requirement concerning the employer mandate, he has validated critics who say the ACA cannot be implemented as written. What does not embarrass him is his complicity in effectively rewriting the ACA for the financial advantage of self-dealing members of Congress and their staffs.
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