Dodd Frank/ ObamaCare: the unconstitutional heart of the Dem’s supermajority signature pieces of legislation
Sure, massive tax increases are coming. But as Mark Levin points out in the second hour of his Monday broadcast, the truly sinister part of these legislative usurpations of the separation of powers doctrine — which Levin joins me in calling a “constitutional coup” — is that the filibuster-proof Democrat Congress, quickly defeated by the TEA Party movement in 201o, transferred legislative authority over to both the Executive and to bureaucratic commissions, and then built in constraints that either disallow (or make impracticable) the ability of future Congresses to repeal that transfer of authority, effectively removing voters from the legislative equation by moving power out of the legislature and granting it to permanent, untouchable, and self-funding bureaus and committees.
What’s worse, laws like ObamaCare and Dodd-Frank specifically constrain citizens from any legal recourse to challenge the authority and dictates of the controlling committees and bureaus.
This is, of course, unconstitutional on its face: the legislature is not permitted to cede its law-making function to other branches of the government, and more specifically, to an administrative state that is unanswerable to voters and so falls conspicuously outside of the “consent of the governed.”
And yet — though there are suits pending against these massive power grabs by the left (who, as Harry Reid has spent the last 4 years demonstrating, doesn’t much care about the separation of powers doctrine, the end goal being to consolidate a centralized authority, which may require, per the New Left’s admiration for authoritarian dictatorships, a tacit surrendering of the legislative branch to the Executive and his bureaucratic appointments and new administrative agencies) — we’ve already seen supposedly conservative courts uphold the legislation that contain such power grabs merely by redefining certain terms of legal art.
The New Left is using the rough outlines of our government to deconstruct it and rebuild it in their image.
That they received help from John Roberts and other putatively “conservative” courts speaks to the growing necessity of placing libertarian originalists on the federal bench — or at least, those conservatives who will appeal to the Constitution instead of being constrained by prior bad rulings from prior politically-motivated jurists.
Levin lays out the specifics of the two laws that work actively to bracket citizen participation and influence in matters of binding (and they hope permanent) law. I urge all of you to download the podcast and listen to hour two for more details.
We are subjects pretending to be citizens. The coup has already taken place, quietly, in secret, and wearing the camouflaged rhetoric of free market republicanism.
The key now is to notice it, to rebuke it, and to rally forces to reverse the takeover, be it politically or legally. Or, if that fails, through logistical reshuffling, federalism, and principled civil disobedience.
The sophisticates on the right can continue to curry favor with inside the Beltway leftists by pretending the fringe Hobbits are hyperventilating over partisan politics as usual. But this isn’t the case — just as their sophistication isn’t sophistication so much as it is the convenient and self-interested posturing of Vichy “conservatives.”