Obama Abandoning the Rule of Law
"That's the good thing about being president, I can do whatever I want." - President Obama at Monticello, February 10, 2014The administration’s catastrophic incompetence implementing Obamacare has done far worse than simply cripple our health system. It is undermining the very foundation of our society, too. It’s eroding the rule of law.
We are a nation that was founded on the rule of law. The king’s violation of the rule of law, in fact, was one of the chief justifications for the American Revolution. And for most of our history, we understood that clear rules applied predictably are what stand between freedom and an arbitrary government that protects its friends and punishes its enemies.
This commitment to limited government under the rule of law was a big part of what made America the leading nation in the world. We provided the freest, most stable place on the planet for innovators to innovate, a fair playing field with fair rules. As a result we saw the greatest leap in quality of life and economic growth in history.
The Obama administration, however, has led the way in dismantling one of America’s greatest strengths. After passing unworkable health care legislation, it is slowly replacing the rule of law with capricious rule by bureaucrats. Evidently it views this institutional damage as preferable to the political damage that would result from admitting its policies have failed.
So untethered from legal authority, the administration has made change after change to Obamacare without returning to Congress for approval. The President and his appointed staff are simply making up key provisions of the law as they go along.
The most recent example came this week, when the administration announced it would again delay the employer mandate. Now businesses with 50 to 99 employees will not have to comply with the law until 2016, and larger companies, too, will be getting an extralegal break for another year. The mandate applies to the employers of 72 percent of the country, so this is not a minor change. It’s a rewrite of a fundamental component of the law.
This is hardly the first time President Obama has modified its signature policy initiative illegally, however. In addition to its decision last year to postpone the employer mandate for all of 2014, the administration extended the individual mandate until the end of March. And without any legal authority, it gave exemptions to individuals whose plans had been cancelled. It delayed the exchange for small businesses by a full year, as well, and postponed the cap on out-of-pocket costs for consumers until 2015. And most cynical of all, it pushed off the 2014 enrollment period for the Obamacare exchanges until after the midterm elections this fall.
Many Americans might be inclined to give the Obama administration a break as it struggles to implement a complex policy. We cannot ignore, however, that the administration is making many of these illegal modifications for nakedly political reasons. President Obama is trying to delay the most painful effects of the law until after election day. But make no mistake: he still intends to inflict the pain--he just prefers to do it after it’s too late for voters to register their disapproval at the polls.
Using executive orders to get around working with Congress is also extremely unpopular with voters. A recent Fox News poll found 74 percent of Americans oppose Obama circumventing Congress this way.
The President’s improvisational rulemaking for political purposes sets a terrible precedent. Democrats would never tolerate this behavior from a Republican chief executive, and they’d be right to object. They shouldn’t accept it from a president of their own party, either. It does real and lasting damage.
As Americans, most of us work hard and play by the rules. It’s only fair for the government class to do the same.
Your Friend,
Newt
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