Executive Orders are Unconstitutional; We Need a Private Option in Healthcare

Executive orders are unconstitutional and it’s a shame the American people put up with them. We need tort reform and a private option in healthcare for people who don’t want to be forced into the system by government.

Channel: Fox News
Date: 03/24/2010


Megyn Kelly: Just moments away from a major event at the White House. President Obama is about to sign the executive order that reaffirms restrictions on federal funding for abortion, behind closed doors and away from the cameras this time. That order was part of a last-minute deal struck with Congressman Bart Stupak and other pro-life Democrats. The president used it to bring them over to his side and help pass the Health Care Overhaul Bill. But my next guest says that deal is flat-out illegal and unconstitutional. He is Republican Congressman Ron Paul of Texas and he joins me live now from Capitol Hill.

Alright, Congressman, thank you so much for being here. Why do you say this executive order is unconstitutional?

Ron Paul: Because the constitution says that only Congress passes laws. The executive branch is not allowed to pass laws, nor should the judicial system pass laws. So it is clearly unconstitutional to issue these executive orders. They’ve been done for a long time, both parties have done it, but the Congress is careless. They allow and encourage and do these deals, like they have this time, to get the President to circumvent the Congress. If something’s unpopular and he can’t get it passed, well, let’s just sign an executive order. So I think that is blatantly wrong. I think this defies everything the founders intended. I think it’s a shame that Congress does it, and I think it’s a shame that the American people put up with it.

Megyn Kelly: Do you think that – there’s been a lot of debate over this. Do you think that executive order that he will sign in 15 minutes is worth the paper it’s printed on?

Ron Paul: Well, I think that executive orders are very powerful and they’re wrong, and they do have the effect of law. Now the reason I don’t think this one will is I don’t think the Hyde Amendment has ever been effective. It’s symbolic. It says that people, organizations, hospitals can’t spend their money doing abortions. But in the past, when we give money to pregnancy centers and family planning centers, they say you can’t use this for abortion. So they take that money and use it for birth control pills, then they take the money from the birth control pills to use it for abortion.

All funds are fungible so this particular executive order doesn’t have much effect, and that’s why the liberals went along with it because the Hyde Amendment doesn’t have that much effect. The only way you can solve this problem is striking all the funds from these pregnancy centers. We shouldn’t be involved in family planning at the United States government level or at the Congress. So, no, that’s the reason, but I disagree with some who say, “Well, these executive orders don’t have any authority.” They do. Presidents can go to war over executive orders. So I would say they do, they have a lot of power.

Megyn Kelly: Yeah. Stupak’s press release said, “Hey, the Emancipation Proclamation was an executive order.” But let me shift gears with you for a minute if I can, Congressman Paul, because you mentioned how the federal government shouldn’t be involved in family planning, but the federal government is about to, as a result of this bill, be involved in that and a whole lot more. I mean, its tentacles just got a whole lot more numerous and a lot of Americans are worried about it. They’re worried about what’s going to happen now. How much will the federal government be between me and my doctor, be between me and my accountant, me and my mortgage broker, and so on and so forth. What are your thoughts on it? Are we seeing a shift right now in how involved the government is in our lives?

Ron Paul: It’s going to be a lot more. It’s already been a mess, and that’s why people have been unhappy, because the bureaucrats and the government insurance companies have gotten themselves in between the doctor and the patient. So this is going to be a lot worse and it’s going to cost a lot more money, and not only do you have the government and the insurance companies and drug companies, you have the lawyers in the middle, too! The tort law, if that isn’t corrected, you will always have this incentive by doctors to overtest. And when there’s third-party payment, that’s one inducement for over-ordering, but then if you have the threat of an attorney suing you, it’s very easy for the doctor to say, “Oh look, I’m going order more tests. I’m going be safe because I don’t want to have to answer these questions to the attorneys.” So it’s the worst set of circumstances.

Megyn Kelly: How has that ever dialed back? Because some on your side of the aisle are talking about repeal and replace, and so on. Once the federal government is in our business when it comes to healthcare, is there any getting it out?

Ron Paul: No, and I think the only thing you could do and hope for is that we legalize an option, an option out, a private option, instead of just the government option. We do have a private option on education. Public education is going downhill because the federal government runs it, and all they do is run up the costs and they’ve done this in medicine, but now with this mandate that you must buy the insurance, there’s no opting out. In education, you can at least teach your kids at home and you can have private schooling, but under these circumstances there will be no chance to opt out of the system. So it means that we’ve had this encroachment of bureaucratic government all these years, but now this is closing the door to any other option, and we don’t even have a chance for a small group of people to say, “I’ve had enough. I don’t want to have anything to do with the government.” I’d like to legalize freedom for the individuals who say, “I will go it on my own, I don’t want anybody to take care of me. I will be responsible for myself.” But this bill has essentially closed the door on that option.

Megyn Kelly: Well, it’s a principle you’ve stood for for a long time, Congressman Ron Paul. Thanks so much for coming on and discussing it with us.

Ron Paul: Thank you.

  • It is only unconstitutional if they are written to be laws, for only congress can make laws according to the Constitution of the United States.

    Please see A Comprehensive List Of The Worst Executive Orders at: http://www.militianews.com/a-comprehensive-list-of-the-worst-executive-orders/

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  • carl66

    NAFTA as a libertarian idea… hmmm…

    was pushed thru by the Republicans…

    signed by Democrats…

    is hundreds of pages long… (instead of one or two)

    providing protections to every industry it can…

    Doesn’t sound like Free Trade, nor

    a libertarian idea to me.

    Seems like protectionism gone bad…

    • Fred the Protectionist

      In the 1990’s Libertarians were all giddy about NAFTA and other FTA’s.

      And the Republican Party was invaded by Libertarian Open-Border/Free-Traders starting with Reagan.

      • longshotlouie

        Libertarians, or libertarians?

  • Fred the Protectionist

    Executive Orders: Washington – Obama

    George Washington 8
    John Adams 1
    Thomas Jefferson 4
    James Madison 1
    James Monroe 1
    John Quincy Adams 3
    Andrew Jackson 12
    Martin van Buren 10
    William Henry Harrison 0
    John Tyler 17
    James K. Polk 18

    Oh hallowed Thomas Jefferson, thou art betrayal to thine Constitution.

    • gander

      he clearly said that they are unconstitutional when they are used in a legislative way. legislation is in the realm of congress. pay closer attention.

      and i doubt that jefferson would have taken kindly to you using the familiar form with him.

      • Fred the Protectionist

        Oh he ‘wouldn’t have taken kindly’ to it would he.

        You want to have a Jefferson-off with me? C’mon.

        • SS


        • gander

          i thought that you would love jefferson, he was responsible for the embargo act stopping all foreign trade, crippling the american economy and transforming a large portion of the population into smugglers/criminals.

          the only argument that you seem to have is when you try to consistently play the race card and say slavery=free trade. sure, slave owners benefit from free trade. but then again, anyone who produces goods that are in demand at a decent price also wins. the only losers are the dumb, lazy and incompetent.

          • Fred the Protectionist

            Race card? Oh don’t get so defensive.

            The pro-Tariff Whigs or the newly formed Lincoln Republican Party of the 1860’s couldn’t give a crap about the welfare of the negros, and neither do I care, just I couldn’t give a crap about those poor poor Mexicans. Bohoo.

            You don’t understand Protectionists. But I understand you Free Traders. You actually do care. You’re so compassionate, you think you’re doing those negros a favor. You think your doing those poor poor Mexicans a favor. Guess what, they don’t like you, they never have, and neither do us paleo-Republicans like you. In fact you are universally hated.

          • gander

            you protectionists are the reason why we are living in a sea of immigrants. if we accepted all imports, these mexicans and the rest of the foreign hordes would have no reason to come here. they could work in factories in their own countries and export. their will be demand for their labor regardless and i would rather have them work in their own countries while you make it so they want to come and work in ours. You have destroyed america and made it a multi-cultural playground. i realize that it wasn’t your intention but when you ignore basic economic principles like the communists did, it comes back to bite you.

            don’t get me confused with the compassionate crowd.

          • Fred the Protectionist

            No these immigrants (legal or otherwise) are the result of your Open-Border/Free-Trader’s policies.

            A) You Open Border nuts love cheap foreign labor, so you import them here.

            B) Your beloved Free Trade (NAFTA) has obviously created a big explosion of Mexican migration here.

            Or do you fruit loops deny facts.

          • longshotlouie

            A) Where are these open border nuts? Did you mean to post that at another site?

            B) You are the one that prefers government intervention into trade., so blame your own kind.

            You really should have done some research before you excepted the position as troll.

          • Fred the Protectionist

            A) You Libertarians are Open-Border nuts. Why do you deny your own ideology? Feel pride in your ideology.

            B) Gee if your beloved NAFTA was suppose to improve the welfare of Mexicans, then why are they hump through the desert in a desperate attempt to get a very bad job in the US? I guess you not only screwed America, you also screwed Mexico. Wow, that’s a big screwup, free trader.

            Nya nya nya, research….troll…nya nya nya. Free Traders like you not only ruined the livelihoods of around 100 million people, you also got thousands of people killed. Nya nya nya….research…troll…nya nya nya. Murderer.

  • Nate D

    This Bitch is so dumb, just watch her other interviews… Let’s get some real news anchors and not teleprompter readers.