Daily Archives: September 29, 2010

Obamacare Purposely Designed To Be In Flux To Enable Regulatory Changes At Will

ObamaCare & the Costs of the Welfare State.  Charles Kesler at RCP via Claremont Review of Books

An excellent piece to peruse and ruminate on how health care reform has trounced on the Constitution.  Most salient description on the Democrat partisan behemoth legislation that will haunt the Dems historically.  

In fact, it’s not so much the length of the Act as its vagueness, incompleteness, and amorphousness that mark it as a new-fangled administrative statute, granting power to a few to rule according to their wisdom and with very little reference to the many’s consent. Which is to say, the law’s meaning is deliberately indeterminate, left vague so as to give maximum discretion to the unholy trinity of bureaucrats, congressional staffers, and private sector “stakeholders” who will flesh out the Act with hundreds, probably thousands, of pages of regulations, and then amend those as needed later on. When favored interests and constituencies want to appeal a regulatory decision, they will always find a helpful congressman ready to intervene on their behalf with the very bureaucracy he helped create.

This new kind of statute-one hates to call it law-is not meant to be “a settled, standing rule,” as John Locke defined law. On the contrary, it is meant permanently to be in flux, always developing and subject to renegotiation. It is law constantly suffused with wisdom, albeit constantly changing wisdom. It is what passes for law under a “living Constitution.”

What folks should really be alarmed about is the utter vagueness and the ability of unelected officials to decide how to implement the law.

“The Act is rife with unconstitutional delegations of legislative power to executive agencies and, most flagrantly, to the Secretary of HHS.”

What screams is the usurping of health care responsibility by bureaucrats who only have the bottom dollar in mind, not your best health.  But now they will be wearing the white coats.  Dispense with doctors.  It only matters what bureaucrats decide will be your treatment options per Obamacare. 

“Dr. Nobama.”
Image courtesy of johnx1 of the Independents via http://www.freakingnews.com/Health-Care-Pictures—2808.asp.