With Congress rendered moribund, the new branch of the American political system is the federal enforcement bureaucracy. The Department of Health and Human Services’ auto-revisions of the Affordable Care Act are the most famous expressions of the new governing philosophy. But historians of the new system will cite the Education Department’s Office for Civil Rights’ 2011 “Dear Colleague” letter on sexual harassment as the watershed event.Read more here.
This letter—not even a formal regulation—forced creation of quasi-judicial systems of sexual-abuse surveillance on every campus in America. The universities complied for fear of lawsuits from enforcers at the Departments of Education and Justice.
...The central feature of Mr. Obama’s rewrite of what one might call the Founding Fathers’ original vision has been to abolish Congress. Yes, the 535 men and women elected to Congress still show up at the old Capitol building, as they have since November 1800. But once past passage of ObamaCare and Dodd-Frank, the 44th president effectively retired Congress from its historic function. If you put the president behind the wheel of a car in front of the White House to visit Congress, he’d probably get lost.
This is not a joke if you are one of the many million Americans the Re-Founding Father has commanded, via vast executive power, to do what he wants you to do. He did it again last week.
EPA Administrator Gina McCarthy, whose neo-constitutional function is to serve as a primary executor of Mr. Obama’s re-dos, waved into existence a massive expansion of the Clean Water Act. Landowners across America woke up to discover that the EPA has designated ponds, creeks, rivulets, ditches, catch basins and water-filled potholes as subject to what the Clean Water Act originally called “navigable waters.”
thanks to Elizabeth Price Foley.
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