Rand Paul: Obama's Attempts to Fix Obamacare Are 'Unconstitutional'

By Susan Jones | November 19, 2013 | 9:14am EST

Sen. Rand Paul (R-Ky.) (AP File Photo)

(CNSNews.com) - Obamacare is not "fixable," and the president's administrative attempts to fix it are "unconstitutional," Sen. Rand Paul (R-Ky.) told Fox News on Monday.

"One of the clear separations of powers was that the legislature was supposed to legislate and the president wasn't. He's essentially amended Obamacare maybe 20- some-odd times, and I don't think he's allowed to. And so I think it needs to be decided in court," Paul said.

President Obama announced last week that insurance companies may voluntarily continue selling policies that don't meet the standards set by the law. Earlier, he bypassed Congress by suspending Obamacare's employer mandate for one year.

Paul said he keeps asking constitutional lawyers, "how do we get standing to adjudicate" the question of executive branch overreach. "Most of them say it's very difficult, if not impossible," Paul said.

"But to me it's one of the fundamental tenets of our country is the separation of powers, that legislature -- in fact, Montesquieu said, if you allow the executive to legislate you're essentially allowing him to become tyrannical. So we have to do something about it. I think there should be an avenue to the Supreme Court, but so far I haven't discovered how we would do it."

The Hill newspaper reported on Tuesday that other Republicans also are looking at ways to curb President Obama's use of executive power to bypass various laws, ranging from health care to immigration to intervention in Libya and (almost) Syria.

“I know there’s a lot of discussion about the validity of the president just unilaterally changing the law. ... There are a lot of us that are very concerned about it,” Rep. Jason Chaffetz (R-Utah) said in an interview with The Hill.

Rep. Trent Franks (R-Ariz.) told The Hill, “We’re exploring options to try to somehow try to rein in this president’s total disregard for the Constitution.”

Franks said he thinks Republicans should challenge Obama's administrative actions in court. He said although Republicans have been talking about it, they are still not clear on what they're going to do.

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