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April 21, 2014

Andrew Silow-Carroll: Passoverkill? Suggestions to make next year's seders even more culturally sensitive

Sara Israelsen Hartley: Seeking the Divine: An ancient connection in a new context

Christine M. Flowers: Priest's execution in Syria should be call to action

Courtnie Erickson: How to help kids accept the poor decisions of others

Lizette Borreli: A Glass Of Milk A Day Keeps Knee Arthritis At Bay

Lizette Borreli: 5 Health Conditions Your Breath Knows Before You Do

The Kosher Gourmet by Betty Rosbottom Coconut Walnut Bars' golden brown morsels are a beautifully balanced delectable delight

April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review July 15, 2013/ 8 Menachem-Av, 5773

Obama the scofflaw

By Jack Kelly




http://www.JewishWorldReview.com | Is obeying the law optional?

President Barack Obama seems to think it is -- at least insofar as it applies to him.

The administration announced this month that it plans to delay enforcement of the provision in Obamacare which requires employers with 50 or more full-time employees to provide them with health insurance (which contains certain government-mandated provisions), or pay a fine of $2,000 per worker.

Section 1513(d) of the Obamacare law states clearly that "The amendments made by this section shall apply to months beginning after December 31, 2013."

This is important because the Constitution says the president "shall take care that the laws be faithfully executed" (Article II, Section 3).

"This is a duty, not a discretionary power," wrote former federal appeals court judge Michael McConnell in The Wall Street Journal. "While the president does have substantial discretion about how to enforce a law, he has no discretion about whether to do so."

The Supreme Court agrees. Allowing the president to refuse to enforce laws passed by Congress "would be clothing the president with a power to control the legislation of Congress, and paralyze the administration of justice," the court said in Kendall v. United States (1838).

In 1998, the Supreme Court ruled that a law passed by Congress to permit the president to veto individual items in spending bills was unconstitutional because "there is no provision in the Constitution that authorizes the president to enact, to amend, or to repeal statutes" (Clinton v. City of New York).

This was no oversight. The Founers knew well that King James II of England was deposed in large part because he refused to enforce laws passed by a Parliament he didn't like. They wrote Article II, Section 3 to keep such an abuse from happening here, Mr. McConnell wrote.

It's happening here now. The employer mandate isn't the first time the administration has decided to delay enforcement of a provision of Obamacare and won't be the last, says the National Journal.

Most of the delays in enforcement of Obamacare provisions can be attributed to a clash between the health care law and the law of unintended consequences, said Fox News analyst Brit Hume.

"Businesses are changing their hiring practices to try to avoid having enough employees to be under the mandate," Mr. Hume said. "So you're getting an explosion in the hiring of part-time workers. Well, this is certainly not what the administration intended or the Democrats in Congress who rammed the bill through intended. So this is a situation where the law as written probably can't work."

Obamacare "is being undermined by its own inner logic and by the inescapable realities of its implementation," wrote Robert Tracinski of RealClear Politics.



"The Obama administration -- in yet another health care overhaul delay -- has quietly notified insurers that a computer system glitch will limit penalties that the law says the companies may charge smokers," CBS News reported Tuesday. "A fix will take at least a year to put in place."

But incompetence is by no means the only reason. The employer mandate is being delayed primarily to conceal from voters until after the midterm elections the job losses it is likely to cause, a source in the Treasury Department told the London Daily Mail. And the administration issued an open invitation to fraud when it announced last week it will delay enforcement of eligibility requirements for tax credits intended to help people pay their premiums under Obamacare. The administration wants to go forward with the subsidies even though it has no means of determining whether those who'll get them are entitled to them. Why? Because that would buy votes for Democrats in the midterms.

Mr. Obama was behaving like King James II last year when, after Congress explicitly declined to pass a law granting him authority to do so, he announced he would stop deporting some illegal aliens if they came here before age 16. And again when he set his own rules for state compliance with the No Child Left Behind Act as opposed to those set in statute by Congress.

The economic consequences of Obamacare are a very big deal, but selective enforcement of its provisions is a bigger deal, because this strikes at the heart of the bulwarks of democratic government -- the rule of law and the separation of powers.

Democrats who excuse or applaud Mr. Obama's scofflaw behavior should consider the precedent he's setting. What's to prevent a future Republican president from refusing to enforce laws he doesn't like?

And if our leaders won't obey the law, why should we?

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

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JWR contributor Jack Kelly, a former Marine and Green Beret, was a deputy assistant secretary of the Air Force in the Reagan administration.

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© 2013, Jack Kelly

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