Many commentators on the left predict that Mitt Romney, if elected President, could not repeal the Affordable Care Act. And that’s true as far as it goes, I suppose, not all of it could get shoehorned into a reconciliation bill; and a tight-knit group of 41 Democrats in the Senate could, under current rules, block any vote under regular order. However, I think a look at this story from Motoko Rich today, in a different context, shows how Presidents can use the power of the office to gut laws that they don’t like that were passed by a predecessor, for one reason or another.
In just five months, the Obama administration has freed schools in more than half the nation from central provisions of the No Child Left Behind education law, raising the question of whether the decade-old federal program has been essentially nullified.
On Friday, the Department of Education plans to announce that it has granted waivers releasing two more states, Washington and Wisconsin, from some of the most onerous conditions of the signature Bush-era legislation. With this latest round, 26 states are now relieved from meeting the lofty — and controversial — goal of making all students proficient in reading and mathematics by 2014. Additional waivers are pending in 10 states and the District of Columbia.
“The more waivers there are, the less there really is a law, right?” said Andy Porter, dean of the University of Pennsylvania’s Graduate School of Education.
The federal mandates in No Child Left Behind set an impossibly high standard that would have necessitated the dismantling of large numbers of school districts. As Congress was unwilling to act toward reauthorization in loosening those mandates, the Administration would tell you that they had to do something. And as a candidate, Obama was never completely partial to NCLB, though he has used the power of federal dollars rather than mandates to reshape national education policy. In fact, in granting the waivers, the Administration is forcing states to set additional college prep standards and use test scores in part in the evaluation of teachers. So they’re using the mandate process – in this case the waivers to get out of it – to meet its own education goals.
What’s exactly to stop Mitt Romney from doing this? In fact, he has said he would hand out waivers to states to opt out of the Affordable Care Act. This is easier said than done, but I don’t think one should underestimate the possibilities for executive orders and administrative rules from federal agencies to transform statutes. And if Romney wins, he can credibly claim that voters sent him to Washington to accomplish just that kind of undermining of Obamacare.
This is yet another case of the Presidency being more powerful than some commentators on the left give it credit for. Make no mistake, if a President Romney wants to rid the nation of the Affordable Care Act, he’ll find a way.




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In other words, 0 could have done more to help the 99% even without a 60 vote senate majority and romney will do as much as he can to harm the 99% even more with only a 51 vote majority (counting his vp). What a surprise.
Assuming Romney is competent enough to run a presidential campaign (which from what we’ve seen so is a tenuous assumption at best) and assuming Romney is able to convince the GOP base there is some sort of daylight between his Romneycare and Obamacare (which is an even more tenuous assumption at best), Romney likely won’t dump the ACA because he needs the ACA as a punching bag to use to rally the base to his side.
Much as the Republicans would lose a key fundraising and organizing tool to keep otherwise-Democratically-inclined Catholics if Roe v. Wade were repealed, the Republicans would lose a similar tool if the ACA did get repealed. Insead, they’ll likely settle for doing the same thing to the ACA that they did to Roe v. Wade: Nibble at it around the edges, but never actually officially overturn it. However, they may themselves feel that Romney isn’t the guy they want as their standard bearer on this issue — not when Bobby Jindal still has the “Obamneycare” term burned into his brain.
He only trots out that song and dance when he doesn’t want to use his executive power to benefit the 99%. NCLB should have never approved in the first place. It’s sole purpose was to create more cannon fodder for the war machine, and, at that, it was quite successful. I could tell that you weren’t surprised at all, even though you didn’t use a snark tag.
The “Republicans” opposition to the mandate was Kabuki Theatre. The mandate ensures more customers/suckers for the private, corporate Health Insurance Industry that contributes to both sides of the corporate duopoly.
Excellent point. US presidents have consistently consolidated more power unto themselves to the continuing detriment of Congress and the people. Recent presidents have declared and sustained twenty-seven (27) national emergencies by executive order. The have concluded treaties called “partnership agreements” with other countries (Iraq and Afghanistan) without the advice and consent of the senate as required by the constitution, although the other parties (oddly enough) have involved their legislatures. And Obama is waiving this NCLB law. Waging wars. Conducting assassinations. etc.
But in doing something to actually help Americans — gosh, their hands are tied. They tried, they really did, but they just couldn’t do anything after the campaigns were over and they were inaugurated into office.
You have to realize that there’s a difference between the GOP leadership, for whom this is kabuki, and the Tea Party freshies who got elected by bashing the ACA. The leadership wants to eventually get the insurance companies fully back into the GOP’s donor ranks, and that won’t happen if the ACA (and especially the mandate portion) is repealed. But the Teepers forgot that they were supposed to be Republicans first and Teepers second, so they’re pushing the leadership to placate them somehow.
NCLB may not be a great law, but neither is the ACA. Yes if Romney gets elected he will give waivers to all the States, but beyond that it’ll be very hard to repeal the whole ACA. My opinion is that Romney will leave the insurance reforms intact, and repeal the rest, then add tort reform, and a few other republican reforms to help provide availability to low cost insurance plans.
The big issue is that the people that support the ACA think it will provide free healthcare insurance for everyone, or if not free, then cost them a lot less than it costs them now, but it won’t, it’ll cost more on average, and it will still leave about 25 million people uninsured.
On the other hand people that don’t like the ACA think everyone will get free Healthcare insurance, and they will end up paying for it. The truth is somewhere in between, but the ACA is a big mess overall, because it doesn’t insure everyone, and it changes everyones insurance plans, even the ones people like.
As for NCLB, the Bush policy was really a minimum standard that should be easy to meet, but our schools continue to fail our kids, and President Obama is helping them to fail by giving waivers, and making it even worse by requiring the States to pay for his new Federal college prep standards
this money comes right out of the States budgets for their universities.
Does anyone know what the NCLB standard means when it says all children must be proficient in reading and math??? It just means that everyone that graduates from high school by 2014 should be able to Read and do Math at a 10th grade level!!! yes not even at a 12th grade level. We really need to demand that our kids get a better education.
Nail + Head. Saved me a lot of typing.
Thanks.
See my #8
The fabric of our nation is coming completely unraveled.
Ya’ll have a nice weekend.
Obama himself has handed out ACA waivers, so if a President Romney granted ACA waivers he could actually cite Obama precedent.
You don’t quite understand nclb. The schools affected are only the PUBLIC schools, private and charter schools are not affected. In addition, public schools by law in most states must take in any student that lives in the district and is age appropriate. Students with learning disabilities have a few years added before they age out. The learning disabled must be counted among the students that must be language and math proficient when tested. When the school districts publish their self “report cards,” the learning disabled are counted as normal students. This can cause school districts to have bad records and eventually be taken over.
0′s twist on nclb is not worth much help. In NJ, for instance, and again for public schools only, only math and the English language are tested from 3rd to 8th grade. After that only the 11th grade is tested. The students are tested in science in the 7th grade only. All students must pass a biology test to get a high school diploma. The problems with that have not yet been worked out. ALL students are counted in the testing. How are teachers not in language arts (English) and math to be graded? Nobody really knows yet. Do you really expect a child with a severe learning disability to be able to read and calculate at grade level? The whole thing is a ruse destroy the public education system in America.
You’re correct. BTW, I never use the /s tag, I think that it reduces the sharpness. I try to leave enough internal clues so a reader can tell, as you did.
As you have astutely figured out: that is our peerless “leader.”
Yes, but better education most likely is not the education most on the left are advocating for. Schools Kill Creativity: http://wp.me/p1hyep-BC will quickly change your mind about the quality, sanity and purpose of our public education system, And mind you, I believe we need it to be public, just not the crap we are getting.
I looked at both of the items. There are some good ideas there, but I do not agree with the blanket condemnation of education. There could certainly be some improvements, but to throw the whole out because it doesn’t serve some is not an improvement. I agree that the whole ADHD epidemic is overblown. We need to stop that, but I’m not sure that the narcotization reduces the education; I think that it affects the child in the long run in terms of drug use and, possibly, the suicide rate.
Maybe we were watched different vids?
Teaching to tests in the service of capitalist enterprise v teaching to individual strength… Forcing square pegs into round holes is an arse backward way about getting the most from kids, and happy self fulfilled ones at that, IMO.
Agreed. And I think DDay’s own piece inadvertently plays into the Kabuki by framing this (primarily) as an R vs. D issue. IMO this is more an issue about the two branches of government: the imperial Presidency and the spineless Congress.
Whether it’s waivers for NCLB or ACA or engaging in “kinetic actions,” I wish we had someone among the 435 who was willing to draft some articles of impeachment.
The elected dictators need to be brought back down to earth before it’s too late.
It’s already too late, may be time to emigrate.