Monday, November 18, 2013

Today's must-read

From Pacific Legal:

What This Morning's Obamacare Announcement Means

The Constitution of the United States says that the President “shall take care that the laws be faithfully executed.” That provision was written because the Founding Fathers had experienced the arbitrariness of a government in which the British monarchy picked and chose which laws to enforce and which laws to ignore. The result of such political control over the law was, they knew, a breakdown in the rule of law—and a breakdown that allowed the powerful and politically well-connected to manipulate the system at will. As James Madison warned in the Federalist, “mutable” laws
poison the blessing of liberty itself. It will be of little avail to the people, that the laws are made by men of their own choice, if the laws be so voluminous that they cannot be read, or so incoherent that they cannot be understood; if they be repealed or revised before they are promulgated, or undergo such incessant changes that no man, who knows what the law is to-day, can guess what it will be to-morrow. Law is defined to be a rule of action; but how can that be a rule, which is little known, and less fixed?
Unfortunately, today’s administrative state gives so much power to unelected bureaucrats—who are protected against any meaningful control by voters—that they can alter, manipulate, and change the law almost at will. The result is a breakdown in the rule of law and an arbitrary system in which the government operates, not according to predictable standards and meaningful rules, but according to political whim and in arbitrary, day-to-day, ad hoc manner.

And in response to the Administration's recent battle cry that Obamacare is "law of the land," and thus permanent regardless of flaws, I refer everyone to a recent quip by Justice Clarence Thomas:

Judge Sykes: Stare decisis doesn’t hold much weight with you?
Justice Thomas: Oh it does. But not enough to keep me from going to the Constitution. (emphasis added)
If only all our leaders were so deferential to the governing charter!

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