Monday, July 8, 2013

The Rule of Waiver

At one time, the United States proudly proclaimed itself a Nation of Laws.  The laws were to be enforced by Lady Justice, who wore a blindfold.    Now, obviously that has always been idealistic and the country has never met that goal but it was always something to strive for.  No longer.  Now, in lieu of the Rule of Law, we have the Rule of Waiver.  Though I don't recall reading it anywhere in Section II of the Constitution, it seems the President now has the power to suspend law.  He was unable to get the Dream Act through Congress so he simply implemented it through executive order.  Now he has, without the overt consent of Congress (its silence speaks volumes), President Obama has delayed the implementation of the Employer Mandate in the Affordable Care Act for a year.  Pay no attention to the fact that that delays implementation until AFTER the 2014 election (I'm sure that was not a consideration).  Regardless of the politics of it, does the President have the power to delay law?  Could a Republican President decide to delay a tax increase that Congress passed?  Can the governor of a state give me a waiver for the speed limit?  That would be cool.  If the executive can offer waivers for certain people while not offering them to others, the rule of law is dead.  Is this not exactly what the IRS scandal is about?  Some (coincidentally political allies of the administration) get the tax break while others (all too often at odds with the administration) don't.  We are moving further along the path to tyranny.

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