February 19, 2013

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.”

Posted by Jeff G. @ 11:45am

Comments (28)

  1. I’d argue that Nixon’s being forced from office was a defacto coup. Had watergate not actually existed, the Dems would have manufactured something else to get the job done.

  2. Yeah, I’m thinking “You have to read it to know what’s in it” pretty much signaled we no longer have a government operating by the consent of the governed.

  3. Jeff wrote:

    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.

    Those wanting to wield power, be they Leftists or people like Karl Rove, are so entrenched in Washington and have so reshaped things in their favor that it is a waste or precious time and effort to try and take back control of the national government. Some things just can’t be rescued.

    We need to concentrate our efforts in the Several States [at all levels of government], ignore the national government as much as possible, resist said government by acts of disobedience, and be prepared to answer the call of the Minutemen if and when the Feds try to enforce their tyrannical mandates.

    Rubber, meet the road.

  4. Let me add, if I may…

    We have to be mentally prepared to do without much in this effort. The day of American luxury is past. We have to be willing and ready to sacrifice all our amenities and, of course, our Lives, our Fortunes, and our Sacred Honor.

  5. Pingback: The Silent, Stealth Coup « The Camp Of The Saints

  6. “You have to read it to know what’s in it”

    I believe you mean, “We have to pass it so you can find out what’s in it.”

    Generally, reading bills is, in fact, the way to find out what’s in them. Having to enact them into law first, not so much.

  7. there is no pod link thing was there opposed to be?

    I might can listen tonight me and NG are going for lipotropics here in a little bit

    i never done one before I’m excited

  8. Quite right McGehee.

    Think any of them have actually read the whole thing yet?

  9. speaks to the growing necessity of placing libertarian originalists on the federal bench

    Too little, too late. As Bob says, Washington is lost and will remain lost for at least a generation. The only thing that will save us is to sever ourselves from that hive of scum and villainy—no more diktats from them, and no more taxes from us.

  10. John Roberts overlooked the 9th Amendment to make his ruling in regard to the Unaffordable Care Act.

  11. Was the audio effed up on the version you heard, Jeff? I tried to listen to it last night and it was so bad I had to stop.

  12. to listen to it

    You mean the podcast crank-d? Or the live broadcast? Either way — though I’m only just now checking out the podcast — I can’t recall any audio troubles.

  13. Pingback: It’s The New Constitution, But Not The Same Constitution We Once Knew | That Mr. G Guy's Blog

  14. I get the podcast on iTunes via subscription.

  15. Okay, my iTunes version was frelled up, but the one on his site is just fine.

  16. I do kinda wish Levin had the wherewithal to produce publicly available next-day transcripts of his programs along the lines Limbaugh does, but evidently he does not. If anything, it seems to me, Mark’s observations are often more intensely profound analyses of the current situations than Limbaugh’s, and therefore more worthy of study. But this may only be an idiosyncratic view extending only so far as my own opinions of the two would run.

  17. While it would be easy to run on about the miserable state of the world and the folly of politics, this corner of the blogosphere is victim of its own success. The readers know that stuff already. We have beaten it nearly to death in these pages. What they need now is ways to do something constructive within the limits of their situations, otherwise these realizations lead to bitterness and bitterness to futility.

    This may mirror what is to some extent a general trend; a change in mood that is palpable in the air. The British authors of yesteryear would probably have written “Carruthers sensed a subtle difference in the beat of the ship’s engine. He realized that his chance had come …” or hackneyed phrases to that effect to convey the shift in the story line if it were an adventure story. It may only be imaginary, but I think the game is changing — to what, I am not sure.

    Whatever befall, I’ve resolved, for my part, to do more in the context of ordinary life; and to write fewer current events pieces in favor of more broadly themed items. The goal is to make the Belmont Club more fun, but not in a mean way. Whether it works out … time will tell. Let me check to see how well Carruthers is doing. He should be climbing over the rail by now.


  18. Yeah, Cranky, it was. So I listened to it on his app this morning.

  19. I’m glad you mentioned it, Jeff, or I likely would have skipped it. I’m listening right now.

  20. oh hail oh proggtardia

    I spoke to two of the sponsors. One, Sen. Adam Kline, D-Seattle, a lawyer who typically is hyper-attuned to civil-liberties issues, said he did not know the bill authorized police searches because he had not read it closely before signing on.

    “I made a mistake,” Kline said. “I frankly should have vetted this more closely.”

    That lawmakers sponsor bills they haven’t read is common. Still, it’s disappointing on one of this political magnitude. Not counting a long table, it’s only an eight-page bill.

    The prime sponsor, Sen. Ed Murray, D-Seattle, also condemned the search provision in his own bill, after I asked him about it. He said Palmer is right that it’s probably unconstitutional.

    “I have to admit that shouldn’t be in there,” Murray said.


  21. if they just take that part out then everybody what already owns a 10+ round magazine gun is a criminal

  22. Think any of them have actually read the whole thing yet?

    I don’t think CJ Roberts read the whole thing. I’m not convinced he read the entirety of the briefs submitted for the case.

  23. Think any of them have actually read the whole thing yet?

    All that is required is to read the post-it note sized memo from your immediate Party Superior has given to the Party’s minder on your staff. It consists of two lines, the bill number, and yea or nay. Be able to read and follow those directions and your future, your kids future, are assured to be wonderful.

  24. pravda has a “new” face

    Obama advisor Axelrod joins NBC

  25. Maybe he should write on his “new face.” Just to be fair of course.

  26. Here is a hint for TV “news” organizations: the way to lure folks like me to watch you is not to hire professional liars and propagandists.

    And that includes both parties.