Trump sabotaging Obamacare? Yeah... That would be unconstitutional and violate his oath of office.

[DetlefK]

http://www.dailykos.com/stories/2017/3/25/1647327/-Dem-Rep-Calls-Out-Trump-s-Tweet-Hoping-Obamacare-Will-Explode-As-Unconstitutional-And-Evil

Trump's petulant response to the colossal and dismal failure of the first significant test of his Presidency was to callously express his hope that the Affordable Care Act (“Obamacare”) would “explode,” thus paving the way for whatever imaginary legislation he claims could replace it.

...

However, Trump is obligated by his oath of office (whether or not he bothered to pay attention to that oath) to faithfully execute the laws of the United States. That is explicit in Article II of this country’s Constitution, and is known as the “Take Care” Clause:

The President must "take care that the laws be faithfully executed."[24] This clause in the Constitution imposes a duty on the President to enforce the laws of the United States and is called the Take Care Clause,[25] also known as the Faithful Execution Clause[26] or Faithfully Executed Clause.[27] This clause is meant to ensure that a law is faithfully executed by the President [25] even if he disagrees with the purpose of that law.[28]

...

The Constitution obligates this President to ensure that the Affordable Care Act is faithfully executed. Failure to do so is a violation of any President’s oath of office, and a violation of the Constitution.

[no_hypocrisy]

1. If the House didn't fund parts or all of the ACA, wouldn't this also be a violation of their Oath of

Office?

[raging moderate]

2. IOKIYAR

But you knew that, didn't you? These people treat the Constitution like Kleenex.

[onenote]

5. No.

[yeoman6987]

8. Not if they pass bills to destroy it

Trump cannot do a thing. Congress holds the purse strings.

[Kingofalldems]

10. He can veto the bills FYI, yeoman6987.

[C_U_L8R]

3. It's the law of OUR land

And Little Lord TrumpLeRoi doesn't get to pick and choose which laws he's going to uphold.

[Squinch]

4. You say that as if it would stop him.

[sheshe2]

7. The President must "take care that the laws be faithfully executed."

He must think "faithfully executed" means 'faithfully Kill' the law.

Just saying.

[onenote]

6. Of course the faithfully execute provision has never been read that literally

President's have leeway in how they "execute" the laws of the land, which is how, for example, President Obama could make judgment calls about how to execute the nation's immigration laws.

Even more on point - you're making essentially the same argument the Republicans made when they sued Obama for delaying the ACA's employer mandate provision's effective date. The Republicans lost that claim, with the court stating U.S. District Court for the District of Columbia dismissed this part of the lawsuit. "if [the Republicans arguments] were accepted, every instance of an extra-statutory action by an executive officer might constitute a cognizable constitutional violation, redressable by Congress through a lawsuit. Such a conclusion would contradict decades of administrative law and precedent."

Trump should be condemned for undermining the ACA not because its unconstitutional for him to do so, but because it's heartless.

[doc03]

9. The GOP doesn't give a damn about any "Take Care" Clause. They should have

had hearings on the seat in SCOTUS but didn't and got away with it.

[Talk Is Cheap]

11. Presidents for awhile now have not enforced the Sherman anti-trust act...

Since Reagan....

Unfortunately, a president can simply not enforce laws on the books...