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‘Wilkow!:’ Does Legislative Wording Protect ObamaCare’s IPAB From a Potential Romney Repeal?

Oct. 23, 2012 6:36pm Christopher Santarelli

If Mitt Romney is elected president, Obamacare’s days are numbered and the government is back out of health care day one–right? Maybe not. Investor’s Business Daily reports Monday that the wording in the health law enacted under President Obama “makes it virtually impossible to get rid of its Independent Payment Advisory Board,” which critics argue violates Congress’s constitutional powers.

“ObamaCare’s IPAB will recommend changes to Medicare payments in years that the mammoth health care program exceeds spending targets. Congress can override IPAB decisions, but only if it comes up with equivalent savings.

IPAB cuts likely will generate major opposition from seniors, doctors and others, but lawmakers could only repeal the unelected panel in a tiny window in 2017. Many say that imposes unconstitutional restraints on Congress.”

On “Wilkow!” Tuesday, Michael Cannon on the CATO Institute described Obamacare’s IPAB provision as possibly the “most anti-constitutional law that congress has ever passed.” Watch a clip form Tuesday’s show below:

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Comments (34)

budahbabe
Posted on October 24, 2012 at 10:56am
They will defund it. Just Angrey go to a web site that cares about what you have to say. Defend Liar Obummer on Beghazi! He knew in real time what happened. Those two poor soldiers that ran to aid the Ambassador fought for seven hours even after they were wounded and NO ONE came to their aid!

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bplumb23
Posted on October 24, 2012 at 9:24am
Well, President Romney doesn’t have the Constitutional authority to repeal Obamacare. That’s just how our system works. That’s why he changed his wording on what he would do away from repealing it on day one, to things like “start in motion”, etc.

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JEANNIEMAC
Posted on October 24, 2012 at 12:28am
Publius Huldah a Constitutional scholar and lawyer, answered a questioner:
How can a current session of Congress limit the ability of future sessions of Congress to enact, amend or repeal new laws? Example: Obamacare laws—-the IPAB (known better as “Death Panel”) and its anti-repeal provisions effectively tries to limit any repeal attempts to a 2 week period in 2017. This will likely need to be [...]
It can’t! It is preposterous for the Democrat controlled Congress which passed obamacare to presume that it can in any way limit the powers of future Congresses to repeal it. NO ACT OF CONGRESS BINDS FUTURE CONGRESSES! Any future Congress may repeal any laws made by any previous Congress. There is no need to file a lawsuit over this. There isn’t even an issue to decide. It is self evident from the nature of the thing: Nothing in the Constitution gives one Congress power to make a law which binds future Congresses. Also, we have gotten in the habit of believing that federal courts must approve everything we do – but that is merely a trap that we have fallen into. WE THE PEOPLE need to disabuse ourselves of this myth.

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Ghandi was a Republican
Posted on October 23, 2012 at 9:52pm
There are many things that can be done regardless of this hooplah, even if it were true,.
Worst case scenario– an amendment to the entire piece calling it a bad joke on the American people and heretofore nullified.
After all – obama has called it a work in progress.. Finish it…

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- survivorseed
  Posted on October 23, 2012 at 10:13pm
  The only thing Romney doesn’t like about it is its name, he will just change it to romneycare and you can all do the happy dance. Problem solved
  
  Report this comment
- JEANNIEMAC
  Posted on October 24, 2012 at 12:31am
  Publius Huldah, Constitutional scholar and lawyer, answered a questioner:
  
  How can a current session of Congress limit the ability of future sessions of Congress to enact, amend or repeal new laws? Example: Obamacare laws—-the IPAB (known better as “Death Panel”) and its anti-repeal provisions effectively tries to limit any repeal attempts to a 2 week period in 2017. This will likely need to be [...]
  It can’t! It is preposterous for the Democrat controlled Congress which passed obamacare to presume that it can in any way limit the powers of future Congresses to repeal it. NO ACT OF CONGRESS BINDS FUTURE CONGRESSES! Any future Congress may repeal any laws made by any previous Congress. There is no need to file a lawsuit over this. There isn’t even an issue to decide. It is self evident from the nature of the thing: Nothing in the Constitution gives one Congress power to make a law which binds future Congresses. Also, we have gotten in the habit of believing that federal courts must approve everything we do – but that is merely a trap that we have fallen into. WE THE PEOPLE need to disabuse ourselves of this myth.
  
  Report this comment
- mikem1969
  Posted on October 24, 2012 at 9:02am
  survivorseed, go plant yourself somewhere. You and the rest of your liberal progressive gimme gimme ilk need to go move to lets say the UK, they have that wonderful healthcare plan whre 1000s of people die while on waiting lists to see doctors and specialists, and while waiting on the government to decide if they will pay or not. This law is bad, and would still be bad if a republican did it.
  
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Ghandi was a Republican
Posted on October 23, 2012 at 9:37pm
Repeal it anyway.. It was illegal and they passes it anyway. So repeal it and let THEM take it to the courts. America doesn’t want it. It’s a takeover and a nightmare of illegal precedence built upon illegal precedence. The entire thing is a bureaucratic nightmare of Federal intrusion and regulatory power that the Federal Government has no business in. That’s enough for me. And do it using ‘reconciliation;; just as they did to pass it. Repeal it using word games that they used to pass it..
Replace it with a simple ‘catostrophic” relief form of insurance that the entire argument was predicated on. Nobody ever ran on, nor asked for a healthcare Industry takeover.

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Paul -Indiana
Posted on October 23, 2012 at 9:32pm
The first step in making chicken soup is to catch a chicken. The solution is upon us. Keep remembering that Obama was elected by only 30% of registered voters. There was a 58% turnout and of the people who actually voted, 52% voted for Obama. Multiply 0.58 and 0.52 and you get 0.30. Just 30% of registered voters saddled us with Obama. Forget about the polls and just vote. Romney should be able to use the Executive Order technique to end Obamacare by granting a waiver to all US citizens.

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- Ghandi was a Republican
  Posted on October 23, 2012 at 9:44pm
  Not to mention obamacare was passed using legilslative tricks and lies by Harry Reid and Nancy Pelosi. Pelosi less tahn 1/2 of 1/532nds (is that how many in the house?), and Reid by less than 1/2 of 1/100th Senate. Add to that most people had no idea what they would do when they elected them you could say 1/60,000th of the population voted for this representation. Even obama was elected with no idea of his agenda on 80,000 pages of Federal regulation and IRS oversight in healthcare.
  So Basically ZERO support on the record.
  
  Report this comment
DeathRattle
Posted on October 23, 2012 at 9:16pm
I do not believe Romney will be all that different than Obama, the end of our Constitutional government is coming to an end. The UN would love to see an unelected group run this world, they will get it in the end.

So what is left to put your trust in?

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- commonsenseguy
  Posted on October 23, 2012 at 9:28pm
  what is left to put our trust in ???? really, friends,family,guns,food,pray and a lot of god,
  i do not and will never listen to or follow U N rules,the only way it will happen is when the constitution is voted out and when i’m dead,until then any blue helmet that shows up on my property will be meet with a lot of lead,
  
  Report this comment
- DeathRattle
  Posted on October 25, 2012 at 1:06pm
  Good answer CSG,
  
  I wondered what someone would put up and was hoping God would be an answer. God is the first, last and eternal hope.
  
  Report this comment
justangry
Posted on October 23, 2012 at 9:06pm
Yeah, I’m sure nominating the dude that wrote it won’t have anything to do with it not being repealed.

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- soybomb315_II
  Posted on October 23, 2012 at 9:11pm
  look at these cowards. IF republicans felt that strongly about it, the republicans in the house could de-fund Obamacare IMMEDIATELY.
  
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- commonsenseguy
  Posted on October 23, 2012 at 9:20pm
  it was written by a buddy of obama’s while he was in prison, that should tell everyone that obama commie care is a crime, and in case you did not know or care,mitt romneey did not write or force the people of Massachusetts into health care, they voted for it, unlike what obama and his lying,cheating,manipulating, punishing whites for slavery that they had nothing to do with, every thing is free,unconstitutional,job killing,economic strangling,you have to pass it before you read it,baby killing buddies did to get their communist health care passed.
  
  Report this comment
freedomisasfreedomdoes
Posted on October 23, 2012 at 9:05pm
Obviously imposes unconstitutional restraints on Congress. How was this law ruled Constitutional. Oh right. By calling it a tax.

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Prosecute_Constitutional_Treason_In_Washington
Posted on October 23, 2012 at 9:04pm
Did this really happen?
Can anyone confirm this is for real? If so CBS should be exposed and taken to the woodshed. Every American should see this. The video is less than one minute. PLEASE REVIEW.
“‘October Surprise!’ – CBS Affiliate Calls 2012 Presidential Race For Barack Obama Weeks in Advance”

http://www.youtube.com/watch?v=Q2zYi2xn1jo

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Prosecute_Constitutional_Treason_In_Washington
Posted on October 23, 2012 at 9:03pm
Can anyone confirm this is for real? If so CBS should be exposed and taken to the woodshed. Every American should see this. The video is less than one minute. PLEASE REVIEW.
“‘October Surprise!’ – CBS Affiliate Calls 2012 Presidential Race For Barack Obama Weeks in Advance”

http://www.youtube.com/watch?v=Q2zYi2xn1jo

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Gary_K
Posted on October 23, 2012 at 9:03pm
Wil-cow

We will have a chance to find out in the next year or so.

http://unskewedpolls.com/unskewed_projection_2012%20president_01.cfm

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barber2
Posted on October 23, 2012 at 8:56pm
Have a feeling that the Alinsky inspired ” put on a suit, get a degree, go to law school” crowd will present a far more formidable internal enemy than any of our external ones. They are our political “suicidal bombers:” they hate America, like Obama’s long mourned for and missing Dad , and they have an agenda. To ” fundamentally change ” America. Michelle must be so proud of Barack.

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- soybomb315_II
  Posted on October 23, 2012 at 9:02pm
  yup – our own government is much more dangerous to our freedoms than some nutjob with an internet connection
  
  Report this comment
- Prosecute_Constitutional_Treason_In_Washington
  Posted on October 23, 2012 at 9:04pm
  IS THIS FOR REAL?
  Can anyone confirm this is for real? If so CBS should be exposed and taken to the woodshed. Every American should see this. The video is less than one minute. PLEASE REVIEW.
  “‘October Surprise!’ – CBS Affiliate Calls 2012 Presidential Race For Barack Obama Weeks in Advance”
  
  http://www.youtube.com/watch?v=Q2zYi2xn1jo
  
  Report this comment
- Anonymous T. Irrelevant
  Posted on October 23, 2012 at 9:19pm
  I saw this yesterday on another website, maybe Drudge? Other states have reported seeing this on their channels, too. Test run?
  
  Report this comment
soybomb315_II
Posted on October 23, 2012 at 8:56pm
HA!!

They are already coming up with excuses of why Romney cant repeal Obamacare. Of course they dont want to eliminate government power that they are set to inherit….

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- justangry
  Posted on October 23, 2012 at 9:08pm
  Remember the debate where he said, Day 1 I’ll issue an EO to repeal ObamaCare?
  
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AmericaMustBeFree
Posted on October 23, 2012 at 8:55pm
They better by gosh find a way to rid us of this monstrosity and every other stupid arse thing this administration put into place.

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Snowleopard {gallery of cat folks}
Posted on October 23, 2012 at 8:55pm
There has to be a way other than in the courts to upend and eliminate tis mess. Can the legislature not simply alter the wording of that portion of the ObamaCare law to render it powerless? What other stuctures are hidden away within the legislations passed in the Obama term?

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Psychosis
Posted on October 23, 2012 at 8:54pm
DEFUND THE BOARD

see how long they work for free

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bustedupvet
Posted on October 23, 2012 at 8:53pm
If it’s been written…it can be unnwritten or packaged on rolls & flushd!

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Gary_K
Posted on October 23, 2012 at 8:50pm
I wish we could try and covict, for treason, all the damnocrats that voted for this.

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progressiveslayer
Posted on October 23, 2012 at 8:49pm
The IPAB is the death panel the Marxist regime said doesn’t exist. A bureaucrat in DC will determine if you get treatment or not and if you think private insurance rejects claims the pigs in DC will show the soon to be extinct private insurance companies how to reject claims,by the millions. This law will bankrupt us on it’s own,that’s not including all the other disastrous plans the Marxist POS has inflicted on us already.

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dickdastardly
Posted on October 23, 2012 at 8:42pm
What a fluster cuck!!

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FREEDOM_IS_NOT_FREE
Posted on October 23, 2012 at 8:42pm
We have to pass it to see whats in it!!!

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