Saturday 12 October 2013

The Fancy Strikes Again


(couldn't resist another shot at 'it' - the major fact of our time and place)

from Judicial Watch's 'Updated Special Report' titled '"Yes, Mr. President, You Will Wait:" An Updated* Examination into the Unprecedented and Radical Attempt by the Obama Administration to Expand Power'.

1. Introduction and Background

      "The executive power shall be vested in a President of the United States."

     "The President shall be Commander in Chief of the Army and Navy of the United States."

     "He shall take care that the laws be faithfully executed."

                                                                                                                   - U.S. Constitution

Introduction

"The audacious acts President Barack Obama has taken during the first eight months of his second term make it obvious that he will take extraordinary executive action to achieve his political ends.  America is more at risk than ever of being governed by a rogue president who will use executive action to bypass the Congress, the courts and the Constitution whenever he thinks it is necessary [in order] to implement his leftist agenda.  Mr. Obama has declared openly and repeatedly his belief that America 'cannot afford to wait' on Congress or the courts to act on his agenda.  

"Throughout his first term, the president signaled both in word and in deed that he intended to govern by executive fiat, unrestrained by constitutional, statutory and judicial obstacles that stood in his way.  Now, less than a year into his second term, he has demonstrated beyond a shadow of doubt that he does not intend to wait on anyone or anything.  The president has gone so far, as one member of Congress put it recently, that 'the Founding Fathers are turning over in their graves.'  Therefore, if he is to be stopped, it will take concerted action by Members of Congress and the American people to check his unconstitutional overreach."

Ah.  Congress and 'the American people'.  The 'American people' I can get onside by a) harping on supporting 'the middle class', and b) giving the dependency class more of the same. The Congress?  The real key to the matter.  Well, let's see what we can do about that; thinks our Dear Leader-in-Can't Wait…

(under IV. Rule by Executive Fiat)     

We Can't Wait Phase Two: Presidential "Tweaking"

"Six months intro his second term as president, Barack Obama launched Phase Two of his We-Can't-Wait campaign of ignoring, circumventing and overriding the U.S. Congress to advance his radical liberal agenda.  Obama increasingly refuses to seek statutory amendments through the ordinary law-making process.  He also refuses to even give his executive over-reach the patina of legitimacy by going through the ordinary administrative rule-making process.  The president instead simply announces what he calls 'tweaks' to the law whenever the fancy strikes him.  

Implementing Obama Care: "…A significant number of states thus far have declined to establish exchanges.  The law specifies, however, that only individuals purchasing health insurance through state-run exchanges are eligible for federal tax credits and subsidies.  The Obama administration is flagrantly violating the law by ignoring this statutory prohibition against providing tax credits and subsidies through federal exchanges and is proceeding to make credits and subsidies available to everyone purchasing health insurance through federal exchanges anyway."  (So: got the bought-and-not-quite-paid-for 'American people' on my side with that one…)

"Also…the president took it upon himself to announce…With this executive action the Obama administration will allow

"While the president let large employers off the Obamacare hook for another year…The president decided

"Then again…Obama unilaterally delayed another provision …As with the other two delays, postponing the limits on out-of-pocket costs not only contradicts the statute; the president also imposed it unilaterally without going through the ordinary regulatory rule-making process.

"Finally, the president took it upon himself to change the Obamacare law as it applies to Members of Congress and their staffs…The plain language of the law notwithstanding, the Obama administration will allow Congress to keep its health-care subsidies and use them in the new Obamacare health exchanges…"  (Got 'em!)


All of which leads inexorably to the likes of the following, er, 'exchange':

'But he can't run for another term.'

'Why not.'

'Why not?!  Because it's against the law - that's why not!!'

'Don't make me hurt my sides laughing.  Where have you been?  Since when did you think we were running things by 'the law' in this country??  He is the law.  And he needs a little more time to implement his agenda for America.  That's all.'

'But…without the law…'

'You're not listening.  We are running things by executive fiat.  Or hadn't you noticed.'

'But…'

'No 'buts' about it.  Come on.  Why do you think the DHS and other executive agencies have been given so much firepower over the public??'

'…'

'You are in a corral, old chap.  Learn to deal with it.  Or die.  Makes no difference to us.  In fact, we dare you to try to object.  There are too many of you as it is.  We need a culling of the herd.  Go on.  Chance it.  Give me a real good laugh…'    

--

We live in a different world than that
Of the constitutional Framers?
                                            Okay.
But wait a minute.
Where is the amendment 
To update the contract 
To this time and place?
                        Show me
Or get out of my face.

We never agreed to it
                        legally.
There was never such a change
                    explicitly.
                    Only
In the  minds of some imposters
Living their lives by deceit
And forcing their values on others
                living their lives
In a different way
In a different range
Of possibilities.

'It is at it is'?
So be it.
           Until
I and others arrange
To make it different.
                       For
I am not the chattel of the state.
                   Watch me
Shake off that bit.

I don't buy this shit.
I won't buy this shit.
That's it.
---

footnote:

* a/o Sept. 3, 2013

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