Picture 2

Picture 2

Jan 24, 2016

2015 Was The End of the Rule of Law for Feds

2015 was the end even a polite fiction of the rule of law in the US.
The way the Supreme Court decided the Obamacare case and the Gay Marriage case both came from the Humpty Dumpty school of law. The law means whatever 5 Supreme Court Justices decide it means, and neither more nor less. According to the Supreme Court, Congress no longer has the power to require statutes, like Obamacare, be implemented as passed. According to the Supreme Court, the 14th Amendment, ratified in 1868 when homosexual acts were illegal in all states, requires gay marriage.
Regulatory overreach became the rule in 2015. It was the year when the administration asserted it could regulate the internet using a law passed in 1934 to regulate defunct land line telephone monopolies, a law which was modeled on an earlier law passed in 1887 to regulate railroads. Statutes that seemed to forbid internet regulation did not make any difference. It was the year when the EPA outlawed coal without benefit of Congress, and the courts refused to restrain the EPA before this obviously illegal system of regulations was put into effect. It was the year which made clear that regulatory agencies had executive, legislative and judicial functions all in one package which were obviously at the president's command. These regulatory agencies have no separation of powers and no checks or balances. The Congress can't restrain them without a veto proof majority and the courts won't restrain them because the agencies are supposed to possess subject matter expertise to which courts are supposed to defer.

I think it's obvious that Barrack Obama has brought us to a turning point. If we don't reverse the trend toward arbitrary executive edicts and runaway justices, we are on the road to a banana republic dictatorship. If we are to reverse the trend, Barack Obama has pointed out all of the flaws in our current system that we need to fix by exploiting them. The flaws are so dangerous, numerous and ingrown that it will take a Constitutional Convention to fix them

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