Legislation, Presidential & Congressional Politics/overturning laws
Is it easy or easiER for a president to overturn law. Trump says if he is elected he will overturn Obamacare. I personally like the law. Even though I don't benefit. I don't work and God willing I will never have to again. I have to rely on free care and hope I don't get sick before I get Medicare. But there are alot of people who now have insurance. I think the biggest problem is that people,goverment and civilians are more concerned with themselves and no one else.
So after that long explanation, is it all just talk or can he really do it? Since congress has already tried and failed, can a new president do it?
Presidents have no Constitutional authority to make laws or end laws. The President's job is to execute laws passed by Congress, whether he likes them or not.
To repeal the Affordable Care Act, a majority in both the House and Senate must vote to repeal it. Because of Senate rules, a 60% super majority is normally required to bring a vote. Because the Republicans in the Senate lack this 60% super majority, they have been unable to vote for a repeal. Even if they did, President Obama would veto the bill, thus required a 2/3 vote in both the House and Senate to overturn the veto.
If Mr. Trump is true to his word, he would sign a bill passed by Congress to repeal the Affordable Care Act. But Congress would still be required to pass the repeal legislation.
Of course, a President has a great deal of regulatory authority over how the Affordable Care Act is run. Through regulatory authority, a hostile President could essentially gut the Act even if it was not formally repealed. In some cases, Presidents have simply refused to enforce laws with which they disagree (for example, President Obama's refusal to enforce deportation laws for certain illegal immigrants). Courts have on occasion compelled a President to execute a law that he had refused to execute. If President Trump refused to enforce the Affordable Care Act, it would be litigated in court for years.
More likely, Mr. Trump is hoping to see large Republican majorities elected to Congress so that they can overturn the bill and he can sign it.