A Lawless Law

President Barack Obama is at it again.  Now he’s unilaterally, without legal authority, delaying another aspect of Obamacare.  He’s having his IRS—his Un-American Activities Committee (at least the members of HUAC were elected by us)—not enforce through tax collections a provision that prohibits employers from providing better health benefits to top executives than to other employees.  His excuse is that, four years after Obamacare was enacted, the IRS hasn’t bothered to write the rules that would effect the collections.

This isn’t the only section of Obamacare that Obama has chosen to…waive.  He has chosen to waive for an entire year the Employer Mandate.  He has chosen to waive for three months enforcement of the Individual Mandate.  He has chosen to waive, for a time, the Small Business mandate.  He has chosen to waive, for a time, provisions that forced cancelation of existing policies that individuals already had and preferred—and begun browbeating insurers into allowing those plans to be renewed if a customer wishes.  He has chosen to provide hardship exemptions, for a year, for those who find buying an Obamacare policy a hardship.  He has chosen….

The Obamacare law is quite specific on these provisions: each one must occur; there are no caveats or except-fors that say “no need to enforce if it’s inconvenient to do so, no need if it’s politically expedient to do otherwise.”  Similarly, the Constitution is quite specific: Art II, Section 3 requires the President to take Care that the Laws be faithfully executed.  No weasel words here, either, about picking and choosing those laws or those parts of laws that can be ignored whenever the President feels like it.  If Obama, or any President, doesn’t like a law or a part of a law, he must go to Congress and persuade them to pass appropriate legislation making the desired modification.

Whatever we might think of the “benefits” of any aspect of Obamacare or of the “fairness” of any section of it, it is, as the Democrats are wont to say, the law of the land.  It takes a lawless, arrogant President to choose, on his own recognizance, which parts of a law will not be enforced.

Obama has transformed his own signature law, his very legacy, into a monument to Executive lawlessness.

Obamacare Runaround, State Level

A Maryland woman is getting the Obamacare runaround treatment in Maryland’s state “exchange” (exchange of what, exactly?).  The woman, after months of trying, finally got signed up—she thought—through one of Obamacare’s Navigators and was given a confirmation number and a printout of her selected plan.

Her Democrat Representative, Barbara Mikulski, has declined to help (help with what?  The woman is signed up, isn’t she?  See below); Mikulski would only commit to empty words of…commiseration:

I am just as frustrated as you are about the launch of health reform.  I am particularly disappointed that the exchange websites did not operate smoothly for Marylanders.

Yeah, that’s helpful.  And Mikulski plainly still thinks the problem is just with the software of a Web site, and not in the law itself.  Hmm….

Again, signed up for what?

the selected insurance company has no record of her

the state navigation system has no record of her

Never mind the printout and confirmation number.  Especially never mind the confirmation number.

both the Maryland Health Connection and the troubleshooting site assured the woman “that somebody would get back to me within two to three days;” nobody has.

The governor’s office—not the Governor or his head of the Maryland Office of Health Care Reform apparently, just a staffer—called the woman and assured her that they would send a manual application “next week.”

However.  The Catch-22 gotcha:

she would have to pay two months of premiums this week

the provider doesn’t have any record of her (see above)

and so the provider is  unable to tell her the premium

It just doesn’t get any better than this with government-directed (I hesitate to say “-managed”) health coverage and health care programming.

Security of Personal Information is an Administrative Burden on Government

That’s what the Obama administration claims, and they’re actually serious.

The House of Representatives last Friday passed and sent to the Senate the Health Exchange Security and Transparency Act, HR 3811, by 291-122, with 67 (!) Democrats voting in the affirmative, also.

The one-sentence bill says that no later than two business days after any security breach on an ObamaCare site is discovered, “the Secretary of Health and Human Services shall provide notice of such breach to each individual.”

In response to that one sentence bill (who says we need 2,000 pages to write a bill?), the Obama administration, through its OMB, issued a one-page statement decrying the bill, saying, in part,

The Administration opposes House passage of HR3811 because it would create unrealistic and costly paperwork requirements that do not improve the safety or security of personally-identifiable information in the Health Insurance Marketplaces.

After all, the administration said, the Web site is fine, and Americans’ information is secure.  We said so.  So why should we have to tell anyone their information has been stolen or leaked?  They don’t need to know, and telling them would work a hardship on us.

Never mind that this “hardship” is answered by private enterprise as a matter of unfortunate routine.  Is the administration terrified that Obamacare security breaches might surpass the recent Target breach?  Or are they just worried about the political hardship news of such a breach might work on them in the ballot box?

Oh, and half the OMB statement was wholly irrelevant to the issue at hand, being devoted to Obama’s campaign speech of how wonderful Obamacare is.

The statement can be seen here.

Filibusters and the Senate

Senate Majority Leader Harry Reid (D, NV) blew up the Senate filibuster with his manufactured claim of Republican obstructionism and with his Senate rules-breaking move to eliminate it (for now only regarding Presidential nominees) with a (Democrat only) majority vote.

Yet Republican-led (note that: not the Republican satrapy, as Reid views his Senate to be for Democrats) House passed 200 jobs- and economy-related bills in 2013 and some dozen that were passed with 250 or more votes—i.e., with considerable Democrat (that would be bipartisan, for those Progressives following along at home) voting support.

The Democrat-ruled Senate?  An immigration bill and a farm bill.  A budget, but only under the embarrassment of having Senators’ pay withheld if they didn’t pass one.  Under real pressure, a sequester bill (that originated with President Barack Obama) and a natural disaster relief bill.

Indeed, of the 70-ish bills Obama signed last year, 56 originated in the House, and all of 16 came from Reid’s fiefdom.

The rest of those 200 House-passed bills?  Reid wouldn’t even let them come to a vote.  There are, for instance, 40 explicitly jobs-related bills that Reid refuses to allow the Senate even to discuss.  Of the Senate-originated bills, Reid wouldn’t let the minority party even offer amendments.  Under Senate rules, there are only so many amendments allowed to be proposed for a bill.  Reid routinely, and universally, “filled the tree” with his own or those of his trusted lieutenants, Senator Chuck Schumer (D, NY) and Senator Dick Durbin (D, IL).

There is the filibuster.

A Thought on Income Inequality

Inequality in incomes and in accumulated material prosperity are the inevitable outcomes of our inalienable right to equality of opportunity, as exercised through our differing endowments of talents, skills, work ethic, and luck.

The well off—including those best off—use their gains from those inequalities in a variety of ways.  Some of these ways are purely personal: luxuries and luxuries for their families.  Some of those ways also include support for what are often termed, loosely, “the arts,” and other cultural supports and advancements.  It is from these, and not from government, for instance, that support for museums of all sorts come, support for many artists originates, support for invention ideation and development begins.

These well off, also, serve as an example and a goad: I can do that.  I want that stuff, too.  And the efforts to emulate and/or to make oneself able to obtain those material symbols of “I’ve arrived” feed into the ideation/development/support cycle.

Of course this generates a steady supply of those less well off, a steady generation of poor.  These folks see the prosperity—they’re not as stupid or as dead-end as Progressives make them out to be with the latters’ drumbeat of offers of welfare and dependency—and they do what they can to go where the success stories are, and then they do their best to achieve those same successes or something like them.  In the absence of interference by governments [sic], they almost always succeed, almost always by their children’s generation if not of themselves directly.  The Statue of Liberty stands as the quintessential beacon, inviting everyone, but especially inviting those seeking personal and familial betterment.

Our greatness, our exceptionalism, our status as a magnet for the world, though, is jeopardized when government gets in the way of our poor.  Reread the preceding paragraphs.  The thick cord that runs through them is the idea that our poor want to—and most importantly can—make themselves better off than they were.  Our poor are fully capable of moving themselves up the economic ladder, fully capable of stopping being poor and becoming middle class, of leaving the middle class and entering upper classes, ultimately of reaching the top.  If they cannot do that for themselves (although some do), they can create the conditions within which their children can (and most do), and those children can—and most do—create the conditions that enable their own children, the grandchildren of our first generation in these paragraphs, to move up still further.

But to do that, government must stay out of their way, or, today, get out of their way.

And so we’re back to income inequality.  That inequality is what provides the motivation.  And—hated concept of the Left—it trickles down from the top, too.  As I alluded above, it’s the rich that provide the market for new things, for luxuries.  These become desired by the middle class and poor and so while increased demand props up prices, increased production—and growing competition to produce in order to get some of that new market—outstrips demand, and prices fall—and the middle class and poor ultimately can afford what was exclusively the goodies of the rich.  See air conditioning in houses, power steering and brakes in cars, televisions, telephones, and pocket computers that also run phone apps, and so on.

If, however, being successful is punished through government-mandated wealth redistribution, rather than that “redistribution” being the outcome of individual choices in a free market (where wealth is redistributed, simultaneously, in both directions, by every voluntary exchange leaving each participant in possession of things he wanted but did not have before the exchange) and individual choices in the means and objects of satisfying individual Judeo-Christian duties to help those less well off, then two things occur: the heretofore successful cease working so hard to be successful, and so the high end of wealth steadily lowers, except for those few who can find adequate favor from government.  And the poor cease striving to better their own and their family’s lots, satisfying themselves with government handouts from other’s wealth; and so, from that dependence on those handouts, the low end of wealth also steadily lowers, and each one’s absolute “share” also steadily dwindles in size as the wealth from which those “shares” are confiscated steadily shrinks.

And that destroys both the capacity and the impetus for upward mobility.

The final outcome is a more subtle and general impoverishment, both materially and morally—the latter is especially insidious, as it is the moral that gives strength to the capacity for increasing the prosperity of all.  The well-off lose their moral sense of helping others, both from malaise, as government confiscates their output, and from a surrender of their moral responsibility to that government, expecting instead that it will satisfy the imperative instead of them.  The poor lose their capacity for responsibility for their own betterment, and so the drive to better themselves and their families in ways that best suit them, through their acceptance of their status as dependents of government.