Lawless in America

 

from the quill of Antisthenes the Younger

 

 

Even from a distance it is sad to observe the astonishing docility of Americans in the their land of formerly free, in the land where a rule by an executive decree is becoming a norm. It seems that about a half of voters want dictatorship and the other half could not care less. The so called opossition, the Republicans are worse than useless – they are just pretend conservatives, similar to our LibNats. Perhaps the democracy was an idea which proved itself unviable.

 

 Mark Steyn 30-11-13:

 “In Ian Fleming’s Goldfinger, the eponymous Auric Goldfinger observes:

 Once is happenstance. Twice is coincidence. Three times, it’s enemy action.

That may be overly generous.

A couple of weeks back, cancer patient Bill Elliot, in a defiant appearance on Fox News, discussed the cancelation of his insurance and what he intended to do about it. He’s now being audited.

Insurance agent C Steven Tucker, who quaintly insists that the whimsies of the hyper-regulatory bureaucracy do not trump your legal rights, saw the interview and reached out to Mr Elliot to help him. And he’s now being audited.

As the Instapundit likes to remind us, Barack Obama has “joked” publicly about siccing the IRS on his enemies. With all this coincidence about, we should be grateful the president is not (yet) doing prison-rape gags.

Meanwhile, IRS chief counsel William Wilkins, in his testimony to the House Oversight Committee over the agency’s systemic corruption, answers “I don’t recall” no fewer than 80 times. Try giving that answer to Wilkins’s colleagues and see where it gets you. Few persons are fond of their tax collectors, but, from my experience, America is the only developed nation in which the mass of the population is fearful of its revenue agency. This is unbecoming to a supposedly free people.”

Freedom does not grow on trees, unfortunately. And if the foregoing was not sufficiently depressing, how about an article by Charles Krauthammer of 28th November:

An Outbreak of Lawlessness

 “Reid and Obama have their way with the rules.

 

 For all the gnashing of teeth over the lack of comity and civility in Washington, the real problem is not etiquette but the breakdown of constitutional norms.

 Such as the one just spectacularly blown up in the Senate. To get three judges onto a coveted circuit court, frustrated Democrats abolished the filibuster for executive appointments and (non–Supreme Court) judicial nominations.

The problem is not the change itself. It’s fine that a president staffing his administration should need 51 votes rather than 60. Doing so for judicial appointments, which are for life, is a bit dicier. Nonetheless, for about 200 years the filibuster was nearly unknown in blocking judicial nominees. So we are really just returning to an earlier norm.

The violence to constitutional norms here consisted in how that change was executed. By brute force — a near party-line vote of 52-48. This was a disgraceful violation of more than two centuries of precedent. If a bare majority can change the fundamental rules that govern an institution, then there are no rules. Senate rules today are whatever the majority decides they are that morning.

What distinguishes an institution from a flash mob is that its rules endure. They can be changed, of course. But only by significant supermajorities. That’s why constitutional changes require two-thirds of both houses plus three-quarters of the states. If we could make constitutional changes by majority vote, there would be no Constitution.

As of today, the Senate effectively has no rules. Congratulations, Harry Reid. Finally, something you will be remembered for.

Barack Obama may be remembered for something similar. His violation of the proper limits of executive power has become breathtaking. It’s not just making recess appointments when the Senate is in session. It’s not just unilaterally imposing a law Congress had refused to pass — the DREAM Act — by brazenly suspending large sections of the immigration laws.

We’ve now reached a point where a flailing president, desperate to deflect the opprobrium heaped upon him for the false promise that you could keep your health plan if you wanted to, calls a hasty news conference urging both insurers and the states to reinstate millions of such plans.

 Except that he is asking them to break the law. His own law. Under Obamacare, no insurer may issue a policy after 2013 that does not meet the law’s minimum coverage requirements. These plans were canceled because they do not.

 The law remains unchanged. The regulations governing that law remain unchanged. Nothing is changed except for a president proposing to unilaterally change his own law from the White House pressroom.

 That’s banana-republic stuff — except that there, the dictator proclaims from the presidential balcony.

 Remember how for months Democrats denounced Republicans for daring to vote to defund or postpone Obamacare? Saboteurs! Terrorists! How dare you alter “the law of the land.”

 This was nonsense from the beginning. Every law is subject to revision and abolition if the people think it turned out to be a bad idea. Even constitutional amendments can be repealed — and have been (see Prohibition).

 After indignant denunciation of Republicans for trying to amend “the law of the land” constitutionally (i.e., in Congress assembled), Democrats turn utterly silent when the president lawlessly tries to do so by executive fiat.

 Nor is this the first time. The president wakes up one day and decides to unilaterally suspend the employer mandate, a naked invasion of Congress’s exclusive legislative prerogative enshrined in Article I. Not a word from the Democrats. Nor now regarding the blatant usurpation of trying to restore canceled policies that violate explicit Obamacare coverage requirements.

 And worse. When Congress tried to make Obama’s “fix” legal — i.e., through legislation — he opposed it. He even said he would veto it. Imagine: vetoing the very bill that would legally enact his own illegal fix.

 At rallies, Obama routinely says he has important things to do, and he’s not going to wait for Congress. Well, amending a statute after it’s been duly enacted is something a president may not do without Congress. It’s a gross violation of his Article II duty to take care that the laws be faithfully executed.

 A Senate with no rules. A president without boundaries. One day, when a few bottled-up judicial nominees and a malfunctioning health-care website are barely a memory, we will still be dealing with the toxic residue of this outbreak of authoritative lawlessness.”

 

 

About Antisthenes

A Greek philosopher, a pupil of Socrates. Led a revolt, with Diogenes, against the demands of the city-state and the sophistication of life. Accepted the interrelation of knowledge, virtue, and happiness; and sought the ideal condition for happiness in return to primitivism and self-sufficiency. Rejected all social distinctions as based on convention, scorned orthodox religion as a fabrication of lies, and studied early legends and animal life in order to arrive at a true understanding of natural law. The individual was free and self-sufficient when he was master of his passions, secure in his intelligence, impervious to social or religious demands, and satisfied with the poverty of a mendicant. Needless to say, a person who on the Fog of Chaos adopted the Athenian philosopher's name has nothing whatsoever in common with him.
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3 Responses to Lawless in America

  1. Milan says:

    In the final analysis people deserve the government they elect. In words of H.L.Mencken:
    “No one in this world, so far as I know—and I have searched the record for years, and employed agents to help me—has ever lost money by underestimating the intelligence of the great masses of the plain people.”

    Democrats are taking a full measure of this knowledge.

  2. Tom Waters says:

    Milan is absolutely right. It is the stupidity, stupid!

  3. Antisthenes says:

    From Mark Steyn: A mentally disturbed man is wandering through traffic outside New York’s Port Authority Bus Terminal. Naturally, the NYPD open fire. They miss the guy. However, the sidewalks being full of people, they manage to hit two female pedestrians, one of them already using a walker, which comes in handy when the coppers shoot you in the leg.

    So the DA charges the guy with assaulting the women:

    “The defendant is the one that created the situation that injured innocent bystanders,” said an assistant district attorney, Shannon Lucey.

    Ah, yes: the “situation” injured the innocent bystanders. If you outlaw guns, only situations will have guns.

    The defendant is looking at 25 years in jail for the crime of provoking law enforcement into shooting random citizens. If this flies in New York, then there is no law.

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