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The Chicago Tribune Discovers the Emperor Has No Clothes


The Chicago Tribune has published a Sunday editorial calling for Obamacare to be re-written. The Chicago Tribune.

The Tribune goes through the myriad of delays that the Administration has announced in the last few months, contrary to the actual written law, and then they go further. They question the ability of Obama to actual ignore parts of the law he deems inconvenient or difficult to implement under the dates created by Congress — and signed into law by Obama himself.

“The administration asserts that it can make these changes under the president’s broad executive authority. Yet critics make a compelling argument that the president is stretching the limits. Former federal appellate Judge Michael McConnell, director of the Constitutional Law Center at Stanford Law School, writes in The Wall Street Journal about a different sort of mandate: the mandate in Article II of the Constitution that the president “‘shall take Care that the Laws be faithfully executed.’ This is a duty, not a discretionary power. … As the Supreme Court wrote long ago (Kendall v. United States, 1838), allowing the president to refuse to enforce statutes ‘would be clothing the president with a power to control the legislation of Congress, and paralyze the administration of justice.'”

Like most issues of presidential authority, this isn’t cut and dried. Presidents do have broad discretion on how laws are enforced. But they’re on shaky ground when they decide whether to enforce a law. It’s not hard to understand why: Imagine the outcry if President Mitt Romney refused to enforce, say, Obamacare

Yes, imagine that. Imagine Romney (or Bush?) trying to do what Obama has done. What’s more, The Chicago Tribune calls into credibility Obama’s excuse to circumvent Congress and administer his changes by fiat. Obama blames a toxic environment in Congress, but the Tribune isn’t even buying it.

“Tweaks? Obama isn’t making tweaks. He’s trying to circumvent major flaws that began flaring when the law was enacted. Hence the many carve-outs, delays and special deals that have been piling up since he added his signature to Obamacare on March 23, 2010.

The president crusaded for this law and has embraced its nickname. But he did not write the law. Congress did. Major changes are necessary — he has stipulated by his actions that this law as constituted cannot work — and Congress should legislate them for his review.”

The Chicago Tribune sums up the sloppy, slippery implementation of Obamacare by calling for it to be rewritten. The fact that the one of the most adament cheerleaders of Obama has 1) turned its back on this signature piece of legislation and 2) questioned Obama’s tactics, is quite alarming. When such a major ally discovers that our Emperor indeed has no clothes, it reinforces the need for Obamacare critics to press on in their fight to repeal this monstrosity of a law.

Seblius on Obamacare: This is the Law of the Land (except when it’s not)


Eye-opening words of HHS Secretary Sebelius yesterday:

“This is no longer a political debate; this is what we call the law,” Sebelius told a group that includes Democrats and Republicans, elected officials, political appointees and bureaucrats. “It was passed and signed three years ago. It was upheld by the Supreme Court a year ago. The president was re-elected. This is the law of the land.”

Except when it is not.

If this is the law of the land, why is our President of the United States picking and choosing the parts of law that he wants to implement and/or delay?

Just this morning, Forbes is reporting “that another costly provision of the health law—its caps on out-of-pocket insurance costs—will be delayed for one more year”.

Recently, there was a delay in the employer mandate.

Before that, “there was the announcement, buried in the Federal Register, that the administration would delay enforcement of a number of key eligibility requirements for the law’s health insurance subsidies, relying on the “honor system” instead”

And for starters in April 2012, there was a delay of Obamacare’s Medicare cuts until after the election.

Oh, and don’t forget the security flaws and delays recently revealed. Deadlines for security safeguard have been missed, and the date to implement that system has been moved to September 30 (one day before the exchanges open).

Here’s the problem. Sebelius and the Obama Administration want to use the argument “It’s the law of the land!” when they are criticizing Republicans for questioning Obamacare. At the same time, they are not followign the “law of the land” when they are moving deadlines, delaying implementation of the law, and using the honor system.

Michael McConnell wrote an excellent piece last month in the WSJ entitled ” Obama Suspends the Law: Like King James II, the president decides not to enforce laws he doesn’t like. That’s an abuse of power”

He points out the simple fact that “Article II, Section 3, of the Constitution states that the president “shall take Care that the Laws be faithfully executed.” This is a duty, not a discretionary power. While the president does have substantial discretion about how to enforce a law, he has no discretion about whether to do so”.

Indeed. When Obama decides to pick and choose the parts of the law he wishes to execute, he is not upholding “the law of the land”.

Is Obama using Obamacare to set up a series of precedents for which he easily dispenses with troubling or inconvenient laws or statutes, in order to expand his Presidential powers?

There are many reasons why Americans should continue to be wary of Obamacare. These include:

Fiscal — Staggering costs of the system, rising costs of premiums, etc

Medical — Not being able to keep your doctor or healthplans as promised. Concerns about rationing, death panels, etc.

Personal — Your information is, at this time, not secure, and is overseen by unregulated “navigators” (think TSA)

Operational — Obamacare was signed into law in March 2010. It was expected to be fully implemented January 1, 2014. Yet in those almost four years, Americans have seen delays, missed deadlines, cost changes, and more. If Obamacare can’t even be implemented without substantial missteps along the way, what confidence does the public have that it will run efficiently and properly?

Constitutional — Obama is ignoring deadlines contained in the law and delaying parts that are problematic

Americans will have varying opinions as to which of these concerns above is most acute. However, the Constitutional aspect might very well be the most troublesome. Invoking the “law of the land” when chastising your political opponents, while simulataneously ignoring the “law of the land” is the height of executive hubris. An expansion of power by the Executive Branch undermines our entire American system of government.

Detroit is Not Too Big To Fail


Detroit is not too big to fail.

The city of Detroit must take its lumps, as difficult as they may be to swallow. But the city of Detroit is to blame. They made a very bad calculated error. They thought their decades of cronyism and sweeping promises were good and economically viable. The people didn’t realize, or really didn’t care, that they were sold a lot of snake oil from public service sectors and unions that were promised too-good-to-be-true benefits and rewards.

But Detroit must not be bailed out because there are a great many other localities in the same boat as Detroit, that operated on the same premises. We simply cannot afford this financial baggage. Thatcher warned us decades ago, “The problem with socialism is that you eventually run out of other people’s money.”

One of the most difficult facets of Detroit’s economic woes is the fact that the state of Michigan constitutionally protects the rights of public service pensions. But pensions systems function as a vendor as a budget item to be paid; therefore, there should be no (other) protection for them than any other vendor — to do so is a clear form of cronyism. It is typically very difficult to get constitutional provisions passed at all, and yet some states, like Michigan and New York for example, managed to get it done. So this mindset of economic self-protection has clearly long been pervasive; these states have had the constitutional pension protection in place for some time.

The constitutional protection for public pensions is rather duplicitous because of how such money is protected when finances or the economy sours. You see, when states and cities raise money via taxes, the purpose is not for profit-making, and they don’t make decisions based on profits and such. First and foremost, their job is to take care of citizens. You would think with that being the case, it would therefore be really important to the elected leaders to make certain that the bondholders (who execute money in large quantities to help finances projects to benefit the citizenry) would know that their bond money is protected first and taken care of first. This is common sense.

A lot of the time in municipalities, the bonds that are issued are General Obligation (GO) bonds. GO Bond money is usually considered first in line for protection because of the enormous sums of money issued. Bondholders have to be promised by the locality that they get paid back first as an element of protection, a form of collateral if you will. In exchange for that guarantee, the GO Bonds are usually issued at lower rates than other types of bonds. That iron clad arrangement enables the GO Bonds rates to be very affordable for projects (think “smart money”), specifically because the bond has the guarantee of the locality that the money is financially protected. Other bonds don’t have that guarantee and therefore have a higher rate.

But if there are constitutionally protected items (like a pension system), they get put at the top of the list for protection, even ahead of GO bonds. This is an enormous problem. GO bonds have no actual and true collateral — only the “full faith and credit” of the borrowing locality. What kind of hypocrisy is it now to say to the bondholders that the money which was was borrowed to pay for education and teachers and government projects for the betterment of Detroit citizens now won’t get paid back — because we have to first pay for the teachers and unions and public service retirement pensions?

Detroit must be allowed to go through the proper process and not be propped up. This is a city that continuously and consciously made outrageous and untenable financial decisions with no accountability. A bailout for this behavior and operation will have a rippling effect on other localities which practiced this same kind of cronyism. Why should other taxpayers now be responsible for shouldering such gross economic negligence of a city rife with economic corruption?

Obamacare Continues to Falter


Reuters is reporting today that Obamacare is in dire straits down for another reason: security. The government has missed important deadlines for implementing the proper measures in order to safeguard our information.

“CMS – the agency within HHS that is running Obamacare – had set a May 13 deadline for its contractor to deliver a plan to test the security of the crucial information technology component.

A test was to have been performed between June 3 and 7. But the delivery deadline slipped and the test – assessing firewalls and other security elements – is now set for this week and next”

The new deadline for implementing the system is September 30, precisely one day before the October 1st implementation date.

So the big questions to come away from this announcement are:

1) If the security system is not ready for the October 1 deadline, will Obamacare still proceed?

a) If so, will citizen data be safe? How?
b) If not, how will that affect consumers?

2) This is one of several examples of Obamacare issues (including running out of money prematurely and delaying Obamacare for businesses, among others). If the government has been able to get right the mere IMPLEMENTATION of a law of this size and scope, how are we supposed to be confident in its ability to adequetely and effectively run Obamacare come January 2014?

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