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?

1 answer

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.