Fort Report: Executive Orders
Earlier this week, President Obama took the President of France to visit Monticello, the home of Thomas Jefferson. Escorting President Hollande to a terrace that is off limits to the general public, President Obama quipped, “That’s the good thing about being President, I can do whatever I want.” It was a light-hearted comment. But in light of some of the President’s recent pronouncements on executive orders and his unilateral decisions regarding the health care law, many Americans aren’t in the mood for such humor.
Two weeks ago, during his State of the Union Address, the President signaled his intention to bypass Congress when he thought it necessary to achieve certain desired outcomes. He would do so through what’s called an “executive order” or other executive discretion. Earlier this week, the administration again delayed the “employer mandate” for health care. Under the original law, employers with more than 50 full-time employees were to offer health insurance or pay fines by Jan. 1, 2014. This mandate has been postponed twice - though the health care law allows for no such flexibility. Meanwhile, families and individuals who are not covered by employer-based health plans are required by the law to obtain insurance this year or pay fines. No such delay was granted to them. Corporations get help, but families don’t. At best, this approach is cavalier.
The most essential part of being President, or being a Member of Congress, is to uphold the public trust. The new health care law is riddled with problems, but uneven enforcement unfairly tips the power scales.
We should remember there is a balance of power in this country, and the President simply cannot do whatever he or she wants. Regarding health care, the best response would be an honest appraisal by Congress and the President of how the new law is affecting America. The nonpartisan Congressional Budget Office (CBO) just released a study that projects there could be 2.5 million fewer jobs for Americans than there would be otherwise without the health care law. In addition, the report estimates slower economic growth could increase the debt by more than $1 trillion over the next ten years. And over time, we still may end up with 31 million Americans uninsured.
In light of the executive order problem, I have recently co-sponsored a bill that would provide Congress with a new procedural authority – one that would act to restore the constitutional balance in the separation of powers among the branches of government and allow the House or Senate to seek immediate judicial relief in the event that any President exercises executive action inconsistent with proper enforcement of the law.
I also recognize that simply saying no to “Obamacare” is not enough. Insurance markets did not function well for those with pre-existing conditions or non-employer based insurance.
I recently stood before my colleagues and said three things:
1) Our mission: Provide the best healthcare in the world.
2) How: By guaranteeing access to affordable, quality, catastrophic health insurance—and health savings accounts.
3) The Outcome: Peace of mind for you and your doctor with a system that works.
I recognize there are many other components of a health care system that are unaddressed here. But if this were the architecture, the shared vision, we could begin to fix the system in a responsible manner. As it stands now, some people are being helped while many others are hurt. We can do better for everyone. The right type of healthcare reform will reduce costs, improve health outcomes, and protect vulnerable persons. Selective enforcement of existing law only serves to deepen the cynicism toward government.
