President Obama signed the federal legislation, Patient Protection and Affordable Care Act (P.L. 111-148), on March 23, 2010. The legislation provided medical insurance for impoverished groups and those traditionally denied insurance. The legislation required every individual to procure insurance or risk paying a fine. President Obama’s successor, President Trump, disagreed with the legislation and issued Executive Order 13765 on his Inauguration Day seeking to end the legislation. Executive Order 13765 stated: “By the authority vested in me as President by the Constitution and the laws of the United States of America, it is hereby ordered to seek the prompt repeal of the Patient Protection and Affordable Care Act (Public Law 111-148). In the meantime, pending such repeal, it is imperative for the executive branch to ensure that the law is being efficiently implemented, take all actions consistent with law to minimize the unwarranted economic and regulatory burdens of the Act, and prepare to afford the States more flexibility and control to create a more free and open healthcare market. Sec. 2. To the maximum extent permitted by law, the Secretary of Health and Human Services (Secretary) and the heads of all other executive departments and agencies (agencies) with authorities and responsibilities under the Act shall exercise all authority and discretion available to them to waive, defer, grant exemptions from, or delay the implementation of any provision or requirement of the Act that would impose a fiscal burden on any State or a cost, fee, tax, penalty, or regulatory burden on individuals, families, healthcare providers, health insurers, patients, recipients of healthcare services, purchasers of health insurance, or makers of medical devices, products, or medications.”
In 3–5 sentences, address the following in your response:
a. What is the source of authority in this executive order?
b. How is power being checked and balanced in this executive order?
c. How does this executive order seek to address rapid change?
a. The source of authority in this executive order is President Trump's constitutional power as President of the United States. The executive order states that it is issued "by the authority vested in me as President by the Constitution and the laws of the United States of America."
b. The power in this executive order is being checked and balanced by the existence of the legislative branch. While President Trump seeks to repeal the legislation through executive action, the ultimate power to repeal or amend the Patient Protection and Affordable Care Act lies with Congress. Therefore, Congress has the authority to reject the President's proposed repeal and maintain the legislation.
c. This executive order seeks to address rapid change by allowing the executive branch, specifically the Secretary of Health and Human Services and other agencies, to exercise discretion and flexibility in implementing and enforcing the provisions of the Act. This flexibility is intended to minimize any unwarranted economic and regulatory burdens that may arise during the transition period while preparations are made for the potential repeal.
a. The source of authority in this executive order is derived from the powers vested in the President by the Constitution of the United States and the laws of the country. The specific authority used to issue the executive order is not stated in the given text but is generally understood to be the President's executive powers and responsibilities.
b. Power is being checked and balanced in this executive order through the system of governance in the United States. The President's authority to issue executive orders is subject to limitations imposed by the Constitution, which includes the separation of powers between the three branches of government. In this case, the executive order seeks to address the implementation and enforcement of the Patient Protection and Affordable Care Act (PPACA) by giving discretion to the Secretary of Health and Human Services and other executive departments and agencies. However, the ultimate checks and balances come from Congress, as they have the power to pass legislation or take other actions to counter or support the executive order.
c. This executive order seeks to address rapid change by allowing for flexibility and control at the state level. It acknowledges the need for a prompt repeal of the PPACA, which suggests a desire to respond to changing circumstances and political priorities. In the meantime, the executive order instructs the executive branch to efficiently implement the law, while also minimizing any economic or regulatory burdens it may impose. By granting waivers, deferrals, exemptions, or delays, the executive order aims to adapt to ongoing changes and prepare for a potential shift towards a more free and open healthcare market.
a. The source of authority in this executive order is derived from the President's constitutional powers and the laws of the United States. Specifically, the President is vested with the authority to issue executive orders under Article II, Section 1 of the Constitution, which grants the President the power to "take care that the laws be faithfully executed." The executive order cites this constitutional authority as the basis for seeking the prompt repeal of the Patient Protection and Affordable Care Act.
b. Power is being checked and balanced in this executive order through several mechanisms. First, the executive order acknowledges the need to operate within the limits set by the law by stating that actions should be taken in a manner consistent with existing legal frameworks. Second, the order requires that the Secretary of Health and Human Services and the heads of other executive departments and agencies exercise their authority and discretion in line with the Act. This implies that their actions must still comply with the requirements of the legislation. Lastly, the order also recognizes the authority of the States by stating that efforts should be made to afford them more flexibility and control in creating a healthcare market.
c. This executive order seeks to address rapid change by both calling for the prompt repeal of the existing legislation and promoting efficient implementation of the law in the meantime. By seeking to repeal the legislation, it acknowledges the need to adapt to evolving circumstances and address any perceived shortcomings of the current healthcare system. Additionally, the order emphasizes the importance of minimizing unwarranted economic and regulatory burdens, suggesting a response to the changing landscape of healthcare and the need for flexibility in adapting to new challenges and opportunities.