Thursday, November 14, 2013

What About That Quaint Idea of "Separation of Powers"?

So the Democrats ram through - without a single Republican vote - the "Patient Protection and Affordable Care Act," and Obama signs it into law on March 23, 2010.  Before passage, Nancy Pelosi laid this one on us:  "We have to pass it so you can find out what's in it!"


Well, now we know what's in it:


About 11.5 million words of regulations from the 906 (PDF) page law (2700 pages as published for the consumption of Congress) that, again, apparently nobody read prior to voting for. (Thanks, Nancy!)

And, in direct contrast to Obama's promise that the legislative negotiations behind this law would be aired on CSPAN...


...the actual negotiations took place away from cameras, and with major influence from the lobbyists that Obama told us would not stain his presidency.  Even the Daily Kos objected

And then he told us that the "penalty" for non-compliance with the ACA requirements was NOT. A. TAX.

Then it survived a Supreme Court decision which said it was only constitutional if the "penalty" WAS. A. TAX.

And in July of this year when problems with implementation began to become apparent, Obama unilaterally gave businesses a one-year extension on their legal mandate to conform with the law.

Wait a minute. This is a LAW. Part II, Section 1511 specifies what "Employer Responsibilities" are, effective "calendar years beginning after 2013."

Congress has not voted on this change.

And today, after his repeated promise that "If you like you plan, you can keep your plan. If you like your doctor, you can keep your doctor" turned out to be as false as his CSPAN transparency promise and his "not a tax" declaration, he's done it again with respect to the individual mandate.

Even Howard Dean wonders where he gets this amazing power:


It's not like this is anything really new, though. The Justice Department certainly isn't going to go prosecuting anyone that Obama doesn't want prosecuted.

But this isn't rule of law. This is Obama granting "special dispensation" - a power not given to the Office of President under the Constitution. The Legislative branch passes the laws, the Executive signs or vetoes them, and the Judicial branch tries and punishes violators of those laws.

But we've reached a point where the President can just say "never mind," and nobody calls him on it.

What do you call that form of government again?  Because it's certainly not a Constitutional Republic.

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