Skip to comments.Krauthammer: Obama can't pass laws -- so he rewrites the rules (governing by regulation)
Posted on 12/31/2010 10:35:16 AM PST by presidio9Edited on 12/31/2010 1:18:55 PM PST by Sidebar Moderator. [history]
Most people don't remember Obamacare's notorious Section 1233, mandating government payments for end-of-life counseling. It aroused so much anxiety as a possible first slippery step on the road to state-mandated late-life rationing that the Senate never included it in the final health care law.
(Excerpt) Read more at nydailynews.com ...
Ruling by regulation is ruling by decree.
This is Hugo Chavez stuff. So far we’ve been taking it in small doses and not noticing. We’re about to get it in a mega-dose, and we’ll wake up in Venezuela.
If he is re-elected, you can kiss this country goodbye. If he has 4 years without having to campaign to remain as King, God help America.
He did just fine in lame duck? Listening and seeing what Boehener has done as far as leadership posts Obama will be just fine.
Our only response, given that we don’t control the senate, is to defund, defund, defund.
And throw them out in 2012.
We’re in the middle of a stealth revolution. The revolutionaries have taken control of the ramparts, and they are hardening their control. If ballots don’t work, we’re headed for dark days. If de-funding doesn’t work, because they manage to become autonomous and self-funding, then we are headed for darker days.
I knew this will happen. When have the law ever got in the way of Liberal getting what they want.
Hmmm, Krauthammer himself was cooing a couple of days ago about how Bambi had changed...seems he's had an awakening!
That said, this government by administrative fiat is enormously dangerous. There was an earlier (not very well attended) thread on this subject, and in the course of it, someone mentioned that Kay Bailey Hutchinson plans to challenge the EPA with something called a "motion for review," which apparently enables the Congress to review the activities of agencies to see if they have overstepped their legislative bounds.
Bambi also just did an end run around the wilderness issue, effectively sealing off millions of acres through an administrative order (the BLM, I believe) - which had specifically been left open by Congress in 2005. I hope the GOP challenges him on each and every one of these.
His only hope is stealth.
and or they can pass legislation cutting back the power of Presidential edict or fiat. or what ever the President has been using to do all the dictatorial things he has been doing.
They can stop these from occurring, if they will take it own. It is in the U.S.Constitution for the balance of powers and our Senators and Representatives need to man up and STOP this travesty occurring in Washington DC NOW!
If he is going to rule by regulation, is there not a way to completely defund the entire agency shutting it totally down?
If it is vetoed keep putting it forth or take the battle head on and simply walk out. If I understand correctly the Senate cannot act on money issues and the Republicans have the House. They have until March when the Continuing Resolution expires.
Oh, the wisdom of America's Founders! It's as if they had a telescope through which they could envision such treacheries as those being carried out by power seekers of today.
"This government, the offspring of our own choice, uninfluenced and unawed, adopted upon full investigation and mature deliberation, completely free in its principles, in the distribution of its powers, uniting security with energy, and containing within itself a provision for its own amendment, has a just claim to your confidence and your support. Respect for its authority, compliance with its laws, acquiescence in its measures, are duties enjoined by the fundamental maxims of true liberty. The basis of our political systems is the right of the people to make and to alter their constitutions of government. But the Constitution which at any time exists, till changed by an explicit and authentic act of the whole people, is sacredly obligatory upon all. The very idea of the power and the right of the people to establish government presupposes the duty of every individual to obey the established government.
"All obstructions to the execution of the laws, all combinations and associations, under whatever plausible character, with the real design to direct, control, counteract, or awe the regular deliberation and action of the constituted authorities, are destructive of this fundamental principle, and of fatal tendency. They serve to organize faction, to give it an artificial and extraordinary force; to put, in the place of the delegated will of the nation the will of a party, often a small but artful and enterprising minority of the community; and, according to the alternate triumphs of different parties, to make the public administration the mirror of the ill-concerted and incongruous projects of faction, rather than the organ of consistent and wholesome plans digested by common counsels and modified by mutual interests.
"However combinations or associations of the above description may now and then answer popular ends, they are likely, in the course of time and things, to become potent engines, by which cunning, ambitious, and unprincipled men will be enabled to subvert the power of the people and to usurp for themselves the reins of government, destroying afterwards the very engines which have lifted them to unjust dominion.
"Towards the preservation of your government, and the permanency of your present happy state, it is requisite, not only that you steadily discountenance irregular oppositions to its acknowledged authority, but also that you resist with care the spirit of innovation upon its principles, however specious the pretexts. One method of assault may be to effect, in the forms of the Constitution, alterations which will impair the energy of the system, and thus to undermine what cannot be directly overthrown. In all the changes to which you may be invited, remember that time and habit are at least as necessary to fix the true character of governments as of other human institutions; that experience is the surest standard by which to test the real tendency of the existing constitution of a country; that facility in changes, upon the credit of mere hypothesis and opinion, exposes to perpetual change, from the endless variety of hypothesis and opinion; and remember, especially, that for the efficient management of your common interests, in a country so extensive as ours, a government of as much vigor as is consistent with the perfect security of liberty is indispensable. Liberty itself will find in such a government, with powers properly distributed and adjusted, its surest guardian. It is, indeed, little else than a name, where the government is too feeble to withstand the enterprises of faction, to confine each member of the society within the limits prescribed by the laws, and to maintain all in the secure and tranquil enjoyment of the rights of person and property.
"I have already intimated to you the danger of parties in the State, with particular reference to the founding of them on geographical discriminations. Let me now take a more comprehensive view, and warn you in the most solemn manner against the baneful effects of the spirit of party generally.
"This spirit, unfortunately, is inseparable from our nature, having its root in the strongest passions of the human mind. It exists under different shapes in all governments, more or less stifled, controlled, or repressed; but, in those of the popular form, it is seen in its greatest rankness, and is truly their worst enemy.
"The alternate domination of one faction over another, sharpened by the spirit of revenge, natural to party dissension, which in different ages and countries has perpetrated the most horrid enormities, is itself a frightful despotism. But this leads at length to a more formal and permanent despotism. The disorders and miseries which result gradually incline the minds of men to seek security and repose in the absolute power of an individual; and sooner or later the chief of some prevailing faction, more able or more fortunate than his competitors, turns this disposition to the purposes of his own elevation, on the ruins of public liberty.
"Without looking forward to an extremity of this kind (which nevertheless ought not to be entirely out of sight), the common and continual mischiefs of the spirit of party are sufficient to make it the interest and duty of a wise people to discourage and restrain it.
"It serves always to distract the public councils and enfeeble the public administration. It agitates the community with ill-founded jealousies and false alarms, kindles the animosity of one part against another, foments occasionally riot and insurrection. It opens the door to foreign influence and corruption, which finds a facilitated access to the government itself through the channels of party passions. Thus the policy and the will of one country are subjected to the policy and will of another.
"There is an opinion that parties in free countries are useful checks upon the administration of the government and serve to keep alive the spirit of liberty. This within certain limits is probably true; and in governments of a monarchical cast, patriotism may look with indulgence, if not with favor, upon the spirit of party. But in those of the popular character, in governments purely elective, it is a spirit not to be encouraged. From their natural tendency, it is certain there will always be enough of that spirit for every salutary purpose. And there being constant danger of excess, the effort ought to be by force of public opinion, to mitigate and assuage it. A fire not to be quenched, it demands a uniform vigilance to prevent its bursting into a flame, lest, instead of warming, it should consume.
"It is important, likewise, that the habits of thinking in a free country should inspire caution in those entrusted with its administration, to confine themselves within their respective constitutional spheres, avoiding in the exercise of the powers of one department to encroach upon another. The spirit of encroachment tends to consolidate the powers of all the departments in one, and thus to create, whatever the form of government, a real despotism. A just estimate of that love of power, and proneness to abuse it, which predominates in the human heart, is sufficient to satisfy us of the truth of this position. The necessity of reciprocal checks in the exercise of political power, by dividing and distributing it into different depositaries, and constituting each the guardian of the public weal against invasions by the others, has been evinced by experiments ancient and modern; some of them in our country and under our own eyes. To preserve them must be as necessary as to institute them. If, in the opinion of the people, the distribution or modification of the constitutional powers be in any particular wrong, let it be corrected by an amendment in the way which the Constitution designates. But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed. The precedent must always greatly overbalance in permanent evil any partial or transient benefit, which the use can at any time yield."
There is the Congressional Review Act (CRA). This is the first line of defense against Obama’s power grab.
Wow Charles do ya think?
I’m less impressed with this “inside the beltway guy” more and more every day.
And please, I don’t want to be lectured about how brilliant he is!
The American Dictator O-Bozo and his Flying RATs.
“And please, I dont want to be lectured about how brilliant he is!”
He’s losing some of the ‘brilliance’. He suffers from what Rush points out - wanting to be invited to the Georgetown ‘cocktail parties’ - although the ‘need’ isn’t quite as intense as it is for Brooks, Frum, Noonan - but Charles was one of those invited to the George Will/Obama “dinner”. So that’s part of it. Overall his commentary has been rather good but lately it’s suffered along with Rove’s. Disappointing....
Yeah, I think you’ve nailed it.
I’m just so disappointed with the conventional Washington DC wisdom. I like Brit Hume, but he suffers from this same ailment.
Just wait, Charles will come out next week lauding Obama for some type of perceived brilliance, while at the same time dissing Palin.
I do NOT trust Charles...at all!
I was puzzled by Krauthammer’s sudden turn. Last week he was praising Bambi to the skies, and this week he suddenly seems to have awakened to what’s really going on.
I honestly don’t think Krauthammer’s so much a false conservative as he is a naive one. All it takes is one little gesture from his enemy, and he’s convinced said enemy has shown his good heart and the battle is won. Bush, unfortunately, behaved very similarly. It’s hard for people like that to believe the duplicity of their enemies.
I was impressed by the tone of this article, however, and I would suspect that it’s the stealth “death panels” that made Krauthammer rethink things. As a paraplegic, he’s certainly moving to the head of the Obama death line, and it’s very possible that this (along with the cynical trickiness with which it was done) is making him think twice.
“Yeah, I think youve nailed it.
Im just so disappointed with the conventional Washington DC wisdom. I like Brit Hume, but he suffers from this same ailment.
Just wait, Charles will come out next week lauding Obama for some type of perceived brilliance, while at the same time dissing Palin.”
I’m not so sure on the last. Charles isn’t ‘terminal’ like Brooks and Frum, but he has a touch of it and it’s gotten worse. My guess is that he knows that there is some doubts out there about him where he may ‘rethink’... and that, you’ll likely see less of this than more but that’s just a guess.
“I was puzzled by Krauthammers sudden turn.”
I don’t expect this to persist, but that doesn’t reduce the disappointment in a ‘fellow Promethean’... IQ is just a capacity - that’s about it.
I don't know how so many intelligent people are failing to recognize the pattern.
Remember, Obama, Hillary and Chavez backed the return of Honduran president Zalaya - another leftist thug.
Well thank You Mr. Krauthammer for stating the Obvious,all of which the Tea Partiers which you despise have been Saying since Before the election.
I cant wait for your next essay telling the Country what a Brilliant Move Obama has made or how he Constantly out Manuevers the Republicans. You act like you are the only one who Knows what this guy is up too.
I would rather here this News constantly Talked about or are you to sophisticated to Call the Fraud in the White House a LIAR,Master Manipulator who has the 100 percent Support of a Complicit Press,who without them could be exposed,we dont need you to Pontificate about what we already know but need more Voices reporting on how to stop this Marxist Fraud
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