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So the White House's controversial decision to delay any employer mandate is also raising new questions about whether or not the move its constitutional.
A topic discussed last night on the O'Reilly Factor with -- Do you think it's unconstitutional.
The president to take an existing law that he signed and say we're not going to force part of that law the employer mandate is that unconstitutional.
Of course it's unconstitutional.
The constitution says the executive has to faithfully execute -- it's.
And here it is faithfully ignoring a lot it doesn't like in the same way -- want to believe.
Pass the DREAM Act unilaterally.
And -- that the congress has rejected.
It is absolutely lawless in the things it does this is only the latest example.
And that -- -- columnist and Fox News contributor Charles Krauthammer.
Our next guest says this is all about positioning for 2014 Joseph Trippi is a former Howard Dean campaign manager and Fox News contributor.
Positioning Joseph what do you mean.
Well a lot of the the fight that's going on everybody knows none of the changes you're gonna happen in other words congress has already voted to repeal.
Obama -- 37 times they know when they vote to repeal it for the 38 time.
That the president will veto it even if it does pass the senate where they don't worry it won't be voted to review your -- -- all of these machinations on both sides are really about.
Fighting the perception of this law.
Four benefit from the 2014.
Congressional elections that's the only.
Real reality bit all this political move maneuvering is about.
-- point now that you know in Medicare part.
Democrats -- saying the same kinds of things it's a sop to the big pharmaceutical companies and it only had a 21%.
Favorable rating when it was was passed today 90%.
Of seniors believe it's a a great program and so you've got to try to kill it these kind of programs early before they get fully implemented because generally.
People respond favorably to them once they're all -- it impacted I think.
It's that and the 2014.
Elections both sides are maneuvering all right but in the case of the employer mandate portion of obamacare the president doesn't even seem to believe in it because he's not going to enforce it.
For another year now what about Charles Krauthammer his point he says that's not constitutional the president can't selectively choose which laws he wants to enforce.
But I haven't -- I just disagree with Charles on that on one point and that is look throughout the United States and counties the state.
Local governments and national governments -- waddle laws that are in force and frankly.
That's one of the big arguments people of -- on immigration.
That that that if we just it's four or or gun control laws we just enforce laws of -- -- -- everything would be great.
So we don't -- did -- -- government doesn't enforce laws all the time so.
I don't think that that'll be found found unconstitutional even if it even if Charles is right.
We're talking years down the road before that would get to the Supreme Court the Supreme Court would rule that way.
By -- the president would be enforcing it I think so I don't I VI I I think.
It gives it's a good argument but I don't think it holds water when you really when you really look at it well but it's bleeding over as you know into the immigration debate as you know the senate has passed there's this bill that says you know we'll reform immigration law if we can.
Verify that we've got tough enforcement on the border and we've got 350 more miles of border fence erected.
If the administration can selectively choose which parts of the law it wants to enforce.
Who's to say and critics are pointing this out regarding immigration who's to say that he won't you know that the amount that the administration won't suddenly say -- we don't really need that border fence or we don't really need.
You know verification.
Doctor John -- making that's that's it exactly the point here in the past I think that's another one.
That may get chalked up to the 2014.
Elections aren't a lot of these fights that are going on right now whether the immigration reformer or Obama could care.
Are going to have a huge impact on the 2014.
Elections in who turns out and who's motivated them to vote in these are the critical issues that -- you're talking about.
That are good that are connected.
Things you don't move on either side right now it's unclear who's gonna come out of it on top but regarding that to -- -- -- fourteen election a lot of people a lot of skeptics cynics call them are saying.
-- the president is delaying.
Implementation of aspect of his own signature achievement because he knows it's going to be a mess it's not going to be pop up popular.
And Democrats are gonna get hammered at the polls if they try and put it into effect.
Well I'm not sure that -- makes much sense either giant I've heard that criticism but the fact is that the employer mandate was put into effect.
To stop companies from dumping people.
As lobby came into effect.
Because he's not -- it imposing it were enforcing it that means companies could dump people off book -- of health care if they do it would seem to me that would hurt him.
Going in the 2000 hurt Democrats going in 2014 elections so.
I'm not I mean I understand the argument I'm not disagreeing with it but there's a counterargument that says not -- not enforcing it could -- could could hurt politically.
Even more so I think all of this is going to be -- you're gonna see a lot of television ads on both sides about this in.
And I think the people are gonna get the site one more time in 2014.
Show which way they want to go to those dueling television ads are only going to add to the confusion because there's an awful lot of confusion out there right now.
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