The Constitution requires the president to take an oath or affirmation that says: "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States."
Article II, Section 3 says, "He shall take care that the laws be faithfully executed."
In his unequal and discriminatory implementation of the Patient Protection and Affordable Care Act (aka Obamacare), President Barack Obama is now violating both his constitutional oath of office and his constitutional duty to faithfully execute the laws.
The Obamacare law mandates that individuals must maintain health-insurance coverage for themselves and their dependents or pay a penalty. Similarly, it requires employers with 50 or more full-time workers to provide those workers with health-insurance coverage or pay a penalty.
The separate sections of the law spelling out these two mandates conclude with identical language: "The amendments made by this section shall apply to periods beginning after December 31, 2013."
For Obama to fulfill his constitutional oath of office and faithfully execute the Obamacare law, he would need to take care that his administration enforced this statutory Dec. 31, 2013, health-insurance deadline on both individuals and employers.
But Obama is not going to do that.
On July 2 -- while Congress was out of town for the July 4 holiday -- a Treasury Department bureaucrat posted a blog on the department's website announcing that the administration was not going to enforce the legal deadline on employers. It said nothing about suspending the deadline for individuals.
In other words, the administration would not apply the law equally on individuals and businesses.
"The administration is announcing that it will provide an additional year before the ACA mandatory employer and insurer reporting requirements begin," wrote Assistant Treasury Secretary for Tax Policy Mark J. Mazur.
Again, the law says: "The amendments made by this section shall apply to periods beginning after December 31, 2013." But the bureaucrat declared: "The administration is announcing that it will provide an additional year ..."
Which trumps which: the law or the assistant secretary's blog posting? Clearly, the Obama administration believes its bureaucratic dictates can overrule the law.
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