Scott Rodli
Juris Doctor

Yesterday was Election Day and, as predicted by many beforehand, the Republican Party made substantial gains in both the House of Representatives and the Senate. But what does this mean for reform? In the short run, it means very little. The Constitution of the United States establishes checks and balances between the separate branches of government. This prevents a system wherein the laws of the nation are changed by a new Legislature every new election cycle, thus causing a system of laws that are unstable and ever changing. The checks and balances are preventative, however, they are not complete blocks.

On March 23, 2010, President Obama signed the Affordable Care Act, into law. Healthcare reform began with the passing of this law. Per Constitutional requirements, the Affordable Care Act passed by a majority vote in each Congressional House and then signed into law by the President. There have been many promises, during this election cycle, of stopping healthcare reform. But that is just not possible. Even if the new Legislature votes to repeal the Affordable Care Act, the President is likely to veto any such bill.

Article one, section seven of the US Constitution outlines how a bill becomes a law. It also provides for presidential veto. After a bill is vetoed, it is sent back to the two Congressional houses for a revote. Only a two-thirds vote by both the Senate and the House of Representatives can override a Presidential veto. Opponents made large strides in the elections, but it is unlikely that the gains were large enough to secure a two-thirds, overriding vote.
 

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