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Are Trump’s healthcare executive orders violations of his Oath of Office?

Screen shot from Fox Business' YouTube video: Why Trump’s executive order against Obamacare was revolutionary
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Trump’s healthcare-based executive orders, which provide relief from tax penalties and offer opt outs that will ultimately defund the Affordable Care Act (ACA), better known as Obamacare, is arguably a violation of the second article of the Constitution. If you’re not familiar with the second article, it basically states that the president must, in good faith, uphold laws that are already in place. Now, this doesn’t mean the president can’t attempt to repeal a law. In fact, that’s what is legally expected. It also does not stand to reason that the president can enforce every law to the highest level of fidelity. However, it is expected that the laws are not blatantly and intentionally subverted.

So, herein lies the conundrum: President Trump has openly admitted that he has every intention of allowing Obamacare to fail, which could be viewed as part of his executive discretion, but is also in direct conflict with his oath to uphold the laws that are currently in effect.

Part of the problem is comparing Trump’s actions with those of the presidents in power before him, and what reactions they incurred. Were their actions considered Constitutional violations? For example, Bloomberg View presented a comparison between Trump’s lack of enforcing tax penalties for the ACA now, and Obama’s lack when it was first enacted. It’s arguable, according to the July 2017 Bloomberg View article, that Obama’s lack of initial enforcement could be seen as an effort to ease the country into the new mandate, which isn’t a violation in the sense that it wasn’t an intentional effort to undermine the law.

It’s not surprising that this debate splits along party lines. Many Democrats feel that the simple fact that Trump admitted he was purposefully attempting to cause Obamacare to fail is exactly what makes it a violation of the Constitution. Besides, it places further hardships on those who need affordable and consistent access to healthcare. Many Republicans, Trump supporters, and anti-Obamacare activists are supportive of these moves by Trump to relieve the American populace from unwanted aspects of Obamacare. They see it as him moving towards giving us something better than Obamacare, which was one of his campaign promises.

In the following video clip from Fox Business, Fox News Senior Judicial Analyst Judge Andrew Napolitano sheds some light on why President Trump signed the initial healthcare executive order, and how it is a “revolutionary” approach to policy change.

The Issue

When President Trump signed the initial healthcare executive order, his goal was to relieve the tax penalty burden, which many already viewed as unconstitutional. The second healthcare executive order was signed to promote healthcare choice and competition. Both were executed with the perceived intention of bringing about the downfall of Obamacare.

Trump’s healthcare executive orders ARE a violation of his Oath of Office

Trump’s healthcare executive orders are NOT a violation of his Oath of Office

Do Trump’s healthcare executive orders violate his oath to uphold the Constitution?

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