Originally posted by Eagle Road
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The White House can’t simply decide not to set up a law; that much is clear in the constitution, which says the executive branch “shall take care that the laws be faithfully executed.”
At the same time, Congress has also given the executive branch some flexibility in determining what it means to “faithfully” execute a law. It’s hard, after all, for legislators to predict every thorny issue that will come up in the process of turning laws into regulations.
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Its also possible, legal experts say, that it's too soon to determine whether this delay counts as not implementing the Affordable Care Act – or if it's a more mundane show of discretion. If the administration had, for example, announced that it never intended to require employers to provide health benefits, that would near certainly be seen as flouting the law. But if they delay it until 2016, or 2017? That’s a greyer area.
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It's the President's duty to execute the law - hence being the head of the Executive Branch. But implementation is not a cut and dry issue therefore there is flexibility in how the law is executed as long as it is faithfully executed.
So changes to the law and it's implementation or time of implementation of certain aspects do not denote illegal actions within the power of the Presidency.
Read the rest yourself.
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