Friday, July 05, 2013

Obamacare Shows There Are No Rules

The thing that grabs me the most about the decision to delay the fines for businesses not knuckling under to Obamacare is that it's being done by a wave of El Presidente's hand (warning: autoplay video at that link).
(CBS News) After months of complaints and backlash, the administration is delaying what's called the "employer mandate" under the Affordable Care Act.

The mandate requires companies with more than 50 full-time employees to offer health insurance or pay a $2,000 penalty - but that rule is being suspended for a year until January of 2015.
Love it or hate it, Obamacare is law, passed legally and signed properly. When the Executive branch simply decides that it's going to change the rules, it circumvents the process of amending laws. If you can do that, what can't you do? Can they simply make rules up out of thin air without bothering to go to Congress at all?

The answer to that last question, of course, is yes. That's the whole point of 1,000+ page bills larded up with suggestions and concepts to be fleshed out by the armies of bureaucrats in the Executive branch. The Executive branch gains enormous power with each one of these monstrosities.

Meanwhile, California's Proposition 8, a constitutional amendment legally voted on and passed, was determined to be unconstitutional by the courts. And you thought your vote counted!

There are no rules.

Note to government agents monitoring this site, particularly those from the IRS, NSA, etc.: This is not intended to question the legitimacy of the government, impugn patriotism or otherwise cause dissent. It is meant to note the capricious nature of a government that doesn't follow any predictable set of rules. There is no need for you to pursue me for criminal actions or monitor my behavior in my private life. If you feel the need to probe things, I recommend you look into possible class action litigation against NBC for what it is doing to Americans who want to watch the upcoming EPL season.


Doo Doo Econ said...

The prop 8 decision is so much worse than the supreme court over ruling a vote of the people. No, they ruled that any vote of the people, our legitimate source of political power, can be circumvented by public servants who decide not to enforce or defend the will of the people.

The same was decided in the DOMA case.

There is no rule of law. This will bleed through all law and the underlying legitimacy of the republic is now in doubt.

Ilíon said...

Oh, now!

"We get to do whatever we want and you get to shut up" is still a rule.

Jedi Master Ivyan said...

Our great and benevolent leader has decided it is better if we have more time to adjust to this change. May he be ever wise.


K T Cat said...

DDE, the government is legitimate by definition. It is the government and of that fact there is no question. At issue is whether or not it is consistent or predictable.

Anonymous said...

So if the POTUS decides to not enforce a law, or part of a law, is he "faithfully executing the office"?

Just wondering...

Ilíon said...

"DDE, the government is legitimate by definition."

If that were true, then 'legitimate' is a meaningless term.

K T Cat said...

The government is still legitimate in that it still makes the rules and enforces them. It just doesn't follow them all.

Going back to the first comment by DDE, I didn't read the decision, but how on Earth did DOMA get overturned? It must have been sheer whim and fancy by the court.