Waivers and exemptions and delays — Oh my!

I spent 8 years of my military career in Kansas between Ft. Riley, Kansas State ROTC, and Ft. Leavenworth. Both our daughters were born in Kansas, so of course one of our favorite annual family traditions was watching the Wizard of Oz. Our oldest daughter especially loved to act out the scene where Dorothy, Scarecrow, Tin Man, and Toto are entering the dark forest and chanting “lions and tigers and bears — oh my.”

Well, here we are in America, skipping down the yellow brick road of “hope and change” into the dark forest of Obamacare. Instead of lions and tigers and bears, we face waivers and exemptions and delays. When does the law become law? And who exactly is legislating?

Just last week there was another exemption and delay granted: an exemption for unions who will not have to deal with reinsurance and a delay for small business enrollment – until after the November elections (of course).

In a Constitutional Republic, laws are supposed to be applicable to everyone, not cherry-picked for special groups with amendments, exemptions – of which there have been nearly 2000 including our beloved Members of Congress and the Obama administration — and the delays just keep coming. Now, I’m not a constitutional scholar, er, I mean an adjunct constitutional lecturer, like the president, but I have done some reading.

In his book “The Spirit of the Laws” published in 1748, Charles de Montesquieu introduced the concept of three branches of government with separate powers. Our constitutional framers adopted that into our system of legislative, executive, and judicial branches. Montesquieu stated, “When legislative power is united with executive power in a single person or in a single body of magistrate, there is no liberty, because one can fear that the same monarch or senate that makes tyrannical laws will execute them tyrannically…”

Laws passed from the legislative branch and signed into law by the executive branch are to be executed by the executive, because that branch possesses no legislative power — someone needs to tell the constitutional lecturer that.

I would add that the delegated legislative power of the people cannot be usurped by the other branches. The Supreme Court of the United States ruled on that issue in the 1892 case of Field v Clark, “That Congress cannot delegate legislative power to the President is a principle universally recognized as vital to the integrity and maintenance of the system of government ordained by the Constitution.”

The intent of the ruling was to ensure the legislative branch legislates. But today what we’re seeing is legislation by judicial review. As it relates to Obamacare, consider the SCOTUS ruling that the individual mandate was constitutional as a tax, never mind that it is not in concert with the commerce clause.

Now we have a precedent that the federal government can modify individual behavior by way of taxation. What’s next, mandating electric cars or the food we eat? The latter is not so crazy, with the FDA’s move to ban trans fats.

Our executive branch has usurped the legislative process by way of regulation and executive orders. Sure, every president is guilty of using executive orders beyond the scope of emergency when the legislature is not available. George W. Bush used executive orders more than 300 times in eight years. But in just five years, President Obama is closing in on nearly 900 executive orders – including his “Dream Act” decree, and his egregious verbal orders concerning Obamacare.

Dr. Charles Krauthammer has referred to President Obama and his administration as being “lawless.” I wholeheartedly agree. Every day we witness a new example of what “fundamentally transforming” the United States means to President Obama.

Dorothy was following the yellow brick road to Oz to find her way back home. Obama’s yellow brick road is leading us further and further and further away.

14 COMMENTS

  1. We can start the ‘defunding’ process by refusing to sign up for Obamacare.
    The people still have the power of ‘refusal to comply’ with an unconstitutional ‘law’ even if the judicial branch ruled it as constitutional, if I understand the constitutional law correctly.

  2. Excellent points. We have truly lost our checks and balances within our government. The Supreme Court has been “winging” it for yeas now. It was easier for them. (Rather than look at the original intent of our Constitution as set forth by our founding fathers.) Everybody thinks they know best and they know nothing.
    We need to regroup. Go through our endless laws, many of which never get enforced or are repeats of previous laws, and start over. Redesign this cluster f% $k they call government.

  3. Don’t forget that the Back Door to the web site is wide open and NONE of you Personal information (medical or otherwise) is safe…ho ho ho SantaC

  4. I WILL NOT SIGN UP FOR ACA OR OBAMACARE! It was not my choice, and not Obama’s decision to make. This is a fundamental change in the relationship between this Republic and its citizens. Obama will try to “hang in tight” with it, but ultimately, the courts will rule against him. The challenge of the First Amendment will prevail – by Hobby Lobby, the Catholic lawsuit, etc. Even if something makes it past the DC Court which I am doubtful, ultimately the Supreme Court will strike it down this time. The members of the Supreme Court have been nauseous since they went along with it the first time. They, too, will hear from me again and the People. Obamacare, or ACA – whatever you want to call it – will fail. The biggest reason will be that nobody will sign up for it! A lot of governors are taking over the health care issues in their states and that is where it should be – not at a National Level – that is illegal. The State’s can provide necessary care, options and oversite. There are states that have been dealing with pre-existing health insurance for quite awhile. My Dad had to get a policy that was guaranteed by the state of Minnesota. It was not cheap, but it was available. A sliding scale of payment can be made. This law is so fundamentally flawed that there will even be Federal Courts that will strike it down. And, to top it all off, the Federal government does not have to be efficient, effective or cost conscious. It is just not “doable” at a Federal Level. The website will crash and crash and crash until it burns. It will give those that sign up a virus 🙂 and I am not kidding about that one. If you get hackers in there, anything is possible. And, it might not be “local” hackers – they could come from anywhere in the World. There are countries too that have a problem with “King” Obama. If you look to the “World”, there are some things that are developing. China is taking up Christianity. And, I listened to a discussion on Indian radio regarding women and the family the other day. Nothing is static – including governments, culture, etc. The more good Artists you see, the better shape this country will be in. I think you have a book out too – if I remember correctly. I will have to check Amazon. I sent off an email to Kerry the other day about Iran, nuclear weapons and Israel. I got “notification” of my “incident” report. Now, what does that mean? An attempt to contain me – I hope not, because it won’t. We have got to prepare and develop methods of preventing nuclear war and that does not mean buying radical nations off or any kind of “World Order” as that won’t work either. Did you know I read that some Muslim countries have slaves? I did not know that. From my point of view, this rabbit hole is very deep. I also did not know you had so many connections to Kansas. Welcome to my “spiritual” world. I bet what you saw may have surprised you – me too. But, if I get a “feeling”, I have to act on it because somewhere, it may affect somebody. My messages are getting out. I saw my black doctor last week – we talk a lot – about almost anything. I have been with her many years. Anyway, I said something about the getting the young people back to work to keep them out of trouble. She told me that black youth are illiterate in reference to technology. Do you know or think that maybe, just maybe, that our black youth issues are due to not having access to technology – like computers, tablets, etc.? I don’t honestly know – but, that was her opinion. She was seriously interested in my website of American & Christian Homes & Families. She is a smart lady and she knows to some extent of my capabilities. I am seriously tired today – it has been a busy week with Christmas and all coming up. But, it is also my time to “make hay” while the sun shines. I have loved Christmas for as long as I can remember – so many amazing memories. One of my favorite things to do was to “surprise” my parents – I can’t say that they always liked the surprises, but mostly. I am also quite well known for my Christmas sugar cookies. I have been making sugar cookies for Christmas for probably over 25 years. They are a lot of work – it takes me hours and hours to decorate them – and some are almost like a work of art. But, it is a gift I give to my family. My family cherishes those things that are homemade. I do too. Anybody can buy something, but when somebody takes the time and effort, it is something quite special. Unfortunately, this year I will not see my family at Christmas – or it looks like that. My husband, finally, got a job – at Walmart, no less. It is nearly killing him with his bad knees. But, I suspect there is a reason for it – he needed retail experience – something in our future, maybe. I talked to my parents – I have only missed one Christmas away from them – this will be the 2nd, and they are getting up there in age. They are planning a family reunion for their 60th Wedding Anniversary. I hope I can see them before then as that is in June. We will just have to see how it works out. Of course, Mom & Dad don’t want any Christmas presents, but, I won’t go along with that. I found something for my Dad and I am still waiting for the “perfect” present for my Mom. Hope you all are doing well. I will keep chipping away at Obamacare or ACA and I continue to pester the House and the “Democratic” representatives up for re-election. I am also collecting some “enemies” – no surprise there. People don’t like to hear the Truth, but many need it. Speak Truth – just like you have been doing. You are doing so well and although you may not always see or know what I am up to, we are on the same path – Liberty. Did you know that the Statute of Liberty real name is the Statute of Enlightenment?

    • Thank you for being a Patriot. If we all keep “chipping away” at obama and his Marxist Agenda under the guise of affordable healthcare, we can right the ship and keep America alive -and be rid of Marxist Pukes.

  5. The results of this was predicted in Federalist 57:

    “If this spirit [of liberty] shall ever be so far debased as to tolerate a law not obligatory on the legislature, as well as on the people, the people will be prepared to tolerate any thing but liberty.” –James Madison (or Alexander Hamilton), Federalist No. 57

  6. But have executive orders by Bush been outside of laws passed by Congress. I think the Patriot Act was, but I’m not sure how many were outside of being matters of executing laws passed by Congress (the only legitimate use for an Executive Order of the President), but Obama has out done it! The Obama administration is the most corrupt this country has ever seen, and the most inept. Well . .that does kind of figure. I’m not sure why exactly but Communist nations are mostly inept, incompetent. And Communist leaders just say anything, out right lies. The people know, and don’t like their leaders, but what can they do? We can still do something about Obama, and I really think those who are thinking they can take vacation until the next election should go back to work, and start fighting now!

    • I agree with ineptitude and and his marxist practices as a failed theory across the planet. Problem is Obama is actually a success. He has created the divisions, chaos, confusion and distress among the citizenry. He wins in destroying the mortgage business, destroying the coal industry, destroying the medical care industry…..and energy independence remains a dream, while the mesiah, refuses to utilize our resources to extract ourselves from the volatile mid east. He has run up debt resulting in no assets. He has lowered our bond ratings, lowered our world status, devalued the dollar and has reduced the security of our people. Everything he touches is to further reduce individual rights and responsibility, while increasing govt. dependency. By refusing to improve the job climate, may graduates and displaced workers remain non productive , further damaging the economy, tax base as well as hurting income and savings of individuals. Yes he has succeeded in bring down the US …..as was his goal .Once people comprehend the agenda of Obama is not to help the nation, but to bring it to its knees, then an awakening might take place on this hack, shill and poser as a puppet of the globalists, the left wing, and masters like Soros, who funds over 200 lobbies and groups in the US to detract from necessary work.

  7. Don’t we know by now that Obama just does what he wants when the mood suits him? I would like to see something on his latest “caught in another lie”. This has to do with his father’s brother or known as Obama’s uncle. Two years ago it was reported from the White House that Obama never met his uncle, Onyango Obama, who was getting ready to be deported from our country after a dui and was found to be in our country illegally for way over 20 years. A few days ago during a hearing to stay in our country, Onyango Obama (who’s real name is Omar Okech) told the judge that Obama had stayed with him when he was going to Harvard. Now the White House is back tracking and Carney is saying that they more or less assumed Obama didn’t meet his uncle. Love the headline “White House Changes Story on Obama’s Uncle”. I have to say good job Carney,,,you’re covering your bosses butt. Wonder what Obama offered the little weasel Carney to take the blame? It also makes me wonder if the uncle is just like Obama’s dad in his beliefs. He is now being given a green card. Also Obama has an aunt, Zeituni Onyango, who was denied political asylum in the US in 2004, but remained in our country illegally. Her presence here was leaked to the media during Obama’s 2008 presidential campaign. And then she was granted asylum here in 2010. It seems like every time we turn around something else comes out about Obama and his string of lies. And why aren’t they deported Obama’s uncle Onyango Obama, because he’s the President’s uncle otherwise his butt would be in Kenya as of now. I wonder if I wrote a book listing all Obama’s lies if it would be a best seller? I do know for a fact that listing all the lies would make it one big fat book. So another question I have is while Obama stayed with his uncle,,,,what did he learn from him? Perhaps how to destroy the USA.

  8. Which is more dangerous: a maniac hell bent on tyranny. Or a Congress acting like his personal welcome mat. Wipe your feet on us barry and do what you please. Or maybe toilet paper would be more apt. We know what that wipes and then gets flushed. It will take folks from both sides of the aisle to stop being the cowardly lion. Not the leadership. The rank and file. The folks at the state and local levels. Time to stuff Pandora back into the box.

  9. “A Nation can survive its fools and even the ambitious, but it can not survive TREASON FROM WITHIN… An enemy at the gates is less formidable for he is known and he carries his banners openly, but the traitor moves among those within the gate freely. His sly whispers rustling thru all the galleries, heard in every hall of government itself. For the traitor appears, not as a traitor, he speaks in the accents familiar to his victims and he wears their face and their garments. He appeals to the BASENESS that lies in the heart of all men. He rots the soul of a Nation. He works secretly and unknown in the night, to undermine the pillars of the city. He INFECTS THE BODY POLITIC, so that it can no longer resist. A murderer is less to be feared.”
    – Cicero 42 B.C

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