History will mark this battle

This is it, people.

The real thing. The end of Constitutional America as it has been known for the last 237 years. If the Affordable Care Act is allowed to stand, with all the exemptions, waivers, and delays unilaterally issued by President Obama in direct contravention of the Act itself, America is finished as a representative republic and Obama is our dictator.

The precedent involved is as stunning as it is obvious, and cuts directly to the heart of the American Republic, not just the authority and standing of the Legislative Branch, and is far more important than this loud squabbling about the government shutdown itself, with all its pathos, bathos, and brouhaha.

Think about it. If  Obama can go into the Affordable Care Act and unilaterally change its most fundamental provisions, with absolutely no congressional authorization of any kind, what law is safe? What law can’t he change. Doesn’t it mean, ultimately and absolutely, that the “law” is exactly what he says it is? No more, no less?

It’s no use saying that the Affordable Care Act needed tweaking. It is not the President’s job to unilaterally change the law as it is written. It is not a right given to him by the Constitution. It is not a power he is granted. He, too, must work through the Legislative Branch to enact or amend laws – despite his horrendous perchance for resorting to Executive Orders when he knows he has no chance with Congress.

This is only the latest time that Obama has left his boot-prints on the face of the House and Senate. There have been a number of others, each as frightening in their own way, but this is the Big Enchilada.

This is horror story scary here, people.

Once used successfully, this sort of precedent becomes a habit forming. If this law is allowed to stand it effectively emasculates Congress. They become basically a pre-revolution Russian Duma.

Let me say it even more clearly. If this is allowed to stand, the Executive Branch is no longer an co-equal branch of government, it is supreme – and the Legislative and Judicial Branches are only relevant as far as they are willing to support Obama, who will have proven he can ignore their whims at will.

Much has been written about the government shutdown from the standpoints of closed parks, angry wheel chaired vets, pontificating congress-critters, and about the evil nasty Conservatives by the happily supporting yappy dogs of Obama’s sycophant press. Wake up, people! All that is a lurid sideshow. Irrelevant compared to the most essential issue of all – whether Congress is going to knuckle into to a dictatorial decree by the President  – in direct contravention to their written will as the representatives of their electors.

Lots of Democrats are quite happy with that state of affairs, but giving credit where credit is due, the Republicans in the House are fighting back with what is really the only big stick they have left. The power of the purse. It’s theirs, by God, and they are slowly starting to realize that this is the use-it-or-lose it time. Just as the GOP as a whole is starting to realize the same thing.

Oh, and as are, finally, Conservative pundits like Charles Krauthammer. But this is far short of what we need.

This battle, and it is a battle, must be driven clearly into the public’s view. They must be made to understand just what is at stake here. We, as private citizens, must realize that this has profound implications for us as well. If the President can bypass the Legislative Branch at will, we have lost two thirds of our ability to influence the governance of the nation, and have become completely subject to the whims of the President, who will be the de-facto final arbitrator of what laws are worthy of enforcement, and how. You may remember he has already established precedents in this area unilaterally deciding not to enforce the Defense of Marriage Act (DOMA), among others.

That’s bad. Get that dialed in right now. As much as we despise Congress at times, even the House members and Senators we vote for, influencing those people is the only way we have to make our voice felt.

But, “what about the Courts?”, you might wonder. Well? What about them?

Let’s take a look.

Roberts has been pilloried from all sides by the Obamacare ruling fiasco. And, justly so, but maybe it’s time we took a hard glare at that decision – and maybe ask some questions that should have been asked back then. Like, for instance, why did he use such an absurd argument in the first place. What is Obamacare? Is it a fee? Is it a tax? How does the Commerce Clause apply? Is calling a snake a goat a proper exercise of judicial power? Wasn’t this a red flag for anyone else. A clue that possibly something else was being said as well?

This may be rumormongering, but since it’s all over the Internet, I am not spilling any beans by posting it here. There have been persistent rumors that Roberts was being pressured regarding legal issues related to his adopted children. And it is not inconceivable, in my view, that he was given the opportunity to be a good “patriotic” supporter of the President or having his family life splashed all over the entire nation – for as long and as loudly the President’s above-mentioned happy, yappy, press minions let that happen.

I do not know if that rumor is true, but given Obama’s well-documented historical perchance for prying open sealed records to damage opponents, it seems likely that even if this were not the exact issue used for a club, that a club was used.

Regardless of the club factor, look back to the ruling itself. To say it was bad, goes beyond understatement. It is, as has been pointed out in many reports, a weird and inconsistent twisting of the way the laws are supposed to work. And that, in itself, is the message I see.

Roberts could have, and probably was expected to, simply find a way to agree with the President’s arguments, as they were given. And if he had been a good obedient little flunky, that’s what he would have done. But he wasn’t, and he didn’t. Instead, he wrote the opinion in such as way as to indicate, to the best of his ability, to the people who could read the “signs”, that he was under duress.

Here’s another point, it can be hypothesized that he wrote it that way to incorporate the seeds of its destruction. If my theory is correct, his weird reworking effectively added a poison pill to the unworkable elements of the act itself, which he thought would combine to create sufficient internal contradictions to prevent it from being enforced.

But the bottom line is, Roberts, and the rest of the Supreme Court, effectively chucked the ball back to the Congress, saying, “You wrote this mess, you clean it up.”

Alas, by passing the buck back to the Congress, they most specifically did not do their job. And that, my friends, was tantamount to surrendering to the President in this case. They successfully avoided his wrath, but at what cost?

Let’s face it, people. Obama has had his way with them, robes and all. They have been used. The Supremes now understand that they will have to be content to rule on those things that Obama has no interest in. When Obama asks for something, their job is to deliver. Hey, don’t worry, though! They’ll do what they can to slow him down.

This is cold comfort for the rest of us. We must accept the reality that we have effectively lost that avenue of input to the governing process when it comes to thwarting Obama’s will. The protections of the Supreme Court, designed by the Founding Fathers as a co-equal branch of government, have been rendered irrelevant by Obama, and he no longer feels he needs to fear them.

So what do we have now that the Supremes have passed the buck and the is Senate in Obama’s back pocket?

We have, my friends, the cold hard reality that this fight in Congress, right now, is the most important historical battle since the Civil War. It’s a battle we must win. If we don’t, you can be sure of one thing. If a historian two thousand years hence looks back at the current age, he, she, or it will see this Obamacare fight as the first, clear sign that the end of the American Republic had become inevitable.

I am not even joking a little bit. The stakes are that high.


About Tokyo Tengu

I'm a 58-year-old lovable fuzzball that enjoys spending time (when not working) reading and writing political commentary, enjoying good books, cooking, eating and bashing stupidity whenever and wherever I find it. (Not that I have to look very hard these days.) Despite being a long-term (25 years) resident of Tokyo, I am an unashamed and unabashedly Pro-Life American Conservative with an intense interest in the politics of the day -- in Japan, the United States and throughout Asia. My writings here and in other places focus primarily on how things are seen from Japan and around Asia, with special emphasis on Japanese national, political and defense issues, US Forces in Japan and Asia, and the burgeoning military power of China.
This entry was posted in Constitution, Law, Uncategorized. Bookmark the permalink.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )


Connecting to %s