2015 was the
end even a polite fiction of the rule of law in the US.
The way the Supreme Court decided the Obamacare case and
the Gay Marriage case both came from the Humpty Dumpty school of law. The law
means whatever 5 Supreme Court Justices decide it means, and neither more nor
less. According to the Supreme Court, Congress no longer has the power to
require statutes, like Obamacare, be implemented as passed. According to the
Supreme Court, the 14th Amendment, ratified in 1868 when homosexual acts were
illegal in all states, requires gay marriage.
Regulatory overreach became the rule in 2015. It was the
year when the administration asserted it could regulate the internet using a
law passed in 1934 to regulate defunct land line telephone monopolies, a law
which was modeled on an earlier law passed in 1887 to regulate railroads.
Statutes that seemed to forbid internet regulation did not make any difference.
It was the year when the EPA outlawed coal without benefit of Congress, and the
courts refused to restrain the EPA before this obviously illegal system of
regulations was put into effect. It was the year which made clear that
regulatory agencies had executive, legislative and judicial functions all in
one package which were obviously at the president's command. These regulatory
agencies have no separation of powers and no checks or balances. The Congress
can't restrain them without a veto proof majority and the courts won't restrain
them because the agencies are supposed to possess subject matter expertise to
which courts are supposed to defer.
I think it's obvious that Barrack Obama has brought us to a turning point. If we don't reverse the trend toward arbitrary executive edicts and runaway justices, we are on the road to a banana republic dictatorship. If we are to reverse the trend, Barack Obama has pointed out all of the flaws in our current system that we need to fix by exploiting them. The flaws are so dangerous, numerous and ingrown that it will take a Constitutional Convention to fix them
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