Banana Republic Lawlessness

What the President has done can now be classified as lawlessness. He no longer feels that he is restrained by any law or the Constitution. First he made the 28th change to Obamacare by Executive Order delaying it until 2016. This was purely a political move. Obama wants the pain of his healthcare transformation to go away until the 2014 elections are over and until he is out of office. Let someone else deal with the mess he will leave.

It also comes on the heels of the CBO announcement that millions would we reducing their hours worked or going from full time to part time in order to qualify for the Obamacare subsidies. That goes a long way in showing that Obamacare is very expensive, much more expensive than what Americans had before.

Now business under 100 employees are exempt from this mandate. But the second part of the Obama bombshell was his Executive Order that companies could not fire employees to get under the 100 magic number. If they did they would be fined, jailed or both. Now this is blatantly illegal. Obama cannot create a crime all on his own. And once again he cannot legislate or change legislation on his personal whim.

So what happens in 2016 if we elect a Republican President and he declares that Obamacare has been postponed until 2050? Do you think that will get a shrug of the soldiers and a free pass? We might have put a stop to Obama’s lawlessness when it first started. But nobody would challenge the President. So his hubris being stroked Obama proceeded to govern by Executive Orders precisely because we all let him get away with it.


The point of this is that this limit of 100 is a golden opportunity for businesses to, once again, fire people to get under that number of 100 so that they are eligible for the delay of the mandate.  So what the Obama Regime has done, is said firms and businesses are going to be required to certify to the IRS — under penalty of perjury — that Obamacare was not a motivating factor in their staffing decisions.

I mean, this is absolutely lawless.  It is against the law.  They cannot, ladies and gentlemen, do this.  Specifically, they cannot run businesses this way.  They cannot turn staffing decisions into crimes, and this is exactly what they’re doing.  Businesses make decisions all the time on the basis of avoidance of costs here and costs there, labor costs, tax costs.  They do it all the time — and this is a tax.

Don’t forget, the Supreme Court claimed that all of this is constitutional because these mandates are just taxes.  They’re not mandates to buy a product.  That would be unconstitutional.  Of course, that doesn’t matter now anyway.

“Obama officials made clear in a press briefing that firms would not be allowed to lay off workers to get into the preferred class of those businesses with 50 to 99 employees,” because those businesses are the ones exempt from Obamacare and the employer mandate for three years.  Between 50 and 99 employees, you’re exempted.  So if you have 103 employees and you fire four of them.

You now have to certify to the IRS, under threat of perjury, that you didn’t do that to avoid Obamacare costs.  I mean, you can duck the law, but then only if you promise not to say you’re doing that.  Companies must now swear to the IRS that none of their layoffs are because of Obamacare.  This must be in writing. It is made under threat of perjury charges. So what they’re trying to avoid here, obviously, is laying people off.

This is sheer, brazen lawlessness.  There is nothing stopping Obama if he wants to raise somebody’s tax rates or to eliminate somebody’s tax rates.  I mean, there’s nothing stopping him from doing virtually anything he wants to do, because nobody’s stopping him now.  Nobody is. In fact, the Republicans are doing everything they can to avoid any kind of disagreement. The debt limit thing? You heard about that. (1)

So what do we do?  What do we do?  I pride myself as one who will always have at least an answer — and, in many cases, I, your beloved host, will have THE answer.  But on this, we have something that I certainly have not seen in my lifetime.  I’m fairly confident in saying, we haven’t seen this ever.  Our system is broken.  It is severely broken.  When a president can defy the law over and over and over again, without any of the other federal branches acting to stop it, it’s unprecedented.

Every time the president breaks a law, he’s violating not just the law, but separation of powers.  Every time the president violates the law, he’s thumbing his nose at Congress.  Now, admittedly, the House of Representatives (part of Congress) is run by Republicans, so I’m sure he enjoys that, and I’m sure in private — may not even be in private anymore — the Democrats are getting the biggest yuk in the world out of thumbing their nose at Boehner and the Republicans and doing all of this lawlessness, and nobody’s stopping ’em.

And then that idiot, Sheila Jackson Lee, stands up and says that their job is now to write executive orders for Obama to sign.  Not pass legislation, but to write executive orders — and that got a standing ovation, by the way, when Obama basically said that’s what he’s gonna doIf Congress doesn’t do what he wants, he’s gonna do it himself, and the Democrats gave him a standing ovation.  The Democrats in the House who he was basically telling, “Screw you!” said, “Fine, give us more.” 

The party unity and the solidarity on the left is such that they don’t care.  They got their big dog in the White House, and if he wants to do what they want to do, they don’t care. “Fine. Go to it, dude! We don’t need the credit. We don’t need to be involved.  Just go do what we want to do and we’ll be happy. To hell with this separation of powers stuff!”  I can remember in my lifetime some of the most interesting, vicious battles in our government were fought over separation of powers.

I’m just gonna tell you this” If we reverse this, if you put a Republican president behaving this way with a Democrat Congress, they wouldn’t be afraid of any skin color he might have. They wouldn’t be afraid of impeaching him. They would be on TV every day. They would cast this guy… I mean, if they could tar and feather Ken Starr as a sexual pervert, they’ll stop at nothing to criminalize their opponents.

There’s no way that Tom Foley, Jim Wright, “Mr. Sam” Rayburn, Carl Albert, any of these old speakers of the House would put up with anything like this, and they shouldn’t have.  Separation of powers is crucial.  Over here’s the legislative branch, over here is the judicial branch, and they’re not doing anything. They’re not doing diddly-squat. The Supreme Court’s silting over there watching everything they’re doing being mocked and made fun of and laughed at, and they’re just out giving speeches talking about how much worse it’s gonna get.

What if Obama decides, because of “income inequality,” that he wants to raise taxes on people that make $200,000 a year to 80%?  “Come on, Rush, he’d never do that?” Why? Who is gonna stop him?  He can order the IRS to tell businesses they’ll punish them if they say a word about him and his health care plan when they make staffing decisions.  Everybody now knows the IRS was sicked on the Tea Party, and there hasn’t been any punishment whatsoever.

There hasn’t been any retribution for that.  So if you think Obama… I’ll do a little Scalia on you. If you think Obama can’t just call the IRS and say, “Okay, look, it’s 80% on all income over 200 grand,” you’re wrong — and I guarantee you, the mayor of New York would applaud.  The mayor of New York would applaud; the Democrats in Congress would applaud.  Nobody on the left or on the Democrat side would have any problem with this at all.

What if we get to 2016 and Obama says, “You know what? I like being president. I’m not leaving.  I still have to implement Obamacare. I’ve still got to fix the deficit. I’ve gotta still fix my job situation and get this economy going. I’m not ready to leave yet.  We’re gonna delay the 2016 presidential election for a couple years.”  What happens then, if we get three more years of this kind of stuff? the exercise here is come up with something that he would do that somebody in official Washington — legislative branch, judicial branch — would stand up and say, “No, you’re not.”

I can just hear Obama in two years, “I cannot leave the country in the hands of these people.  I just refuse to do it! These are racists, sexists, biggest, homophobes, whatever. They hate women. They want to deny you your right to kill your baby — abortion — and I can’t allow that to happen.  They don’t want you to get your birth control pills. They don’t want you screwing… They don’t want you making love with people you don’t know. 

“I can’t permit this.”  I’m just saying, conjure up here a circumstance. It’s kind of like the minimum wage.  “Let’s make it $35.”  “Fine.  How about $40?”  “All right, now we’re talking.”  “How about 50 bucks?” “No, wait. That’s too much.” I’m trying to get to the point where somebody would say, “Nah, he’ll never do that.” (interruption) You think that’s it?  You don’t think he’d suspend the 2016 election?  You don’t? (interruption)   Okay.  Fine. (2)

It is wearying to catalogue President Obama’s lawlessness – his systematic, blatant violation of his constitutional duty to take care that the laws (you know, those statutes that Congress writes) be faithfully executed. But this last Obamacare rewrite is especially worth noting.

I am not just talking about the president’s (latest) illegal waiver of the employer mandate, which yet again delays (this time, to 2016) the requirement that businesses with 50 to 99 employees must provide Obama-certified coverage or pay crushing fines – a desperate political calculation to accommodate Democrats who face angry voters this November. I am talking about the other bomb administration officials dropped in announcing this unconstitutional edict.

Obama’s central command policies are inevitably crashing into each other. The waiver may provide some relief to endangered Democrats, but it also gives employers an incentive to lay off employees in order to get under 100 and qualify for the illegal waiver. So Obama has unilaterally legislated illegal conditions on the illegal waiver. To wit, employers will be required to certify to the IRS, under penalty of perjury, that the waiver was not a motivating factor in the company’s hiring and firing decisions. As Fox News’s Chris Stirewalt quips, “To avoid ObamaCare costs you must swear that you are not trying to avoid ObamaCare costs.”

So now Obama, like a standard-issue leftist dictator, is complementing lawlessness with socialist irrationality.

Think about how lunatic this is. There is nothing even faintly illegal about businesses’ – indeed, all economic actors’ – making financial decisions based on tax consequences. (And remember, notwithstanding Obama’s misrepresentations to the contrary, Obamacare mandates are taxes – as Obama’s Justice Department argued and as Chief Justice Roberts & Co. concluded.) The tax consequences of Obamacare are profound – that is precisely the reason that Obama is “waiving” them. No responsible officers in a corporation of relevant size would fail to take them into account in making the decision to staff at over or under 100 employees; in determining whether some full-time employees should be terminated or shifted to part-time; or in making any number of the decisions Obamacare’s mind-numbing complexity requires.

The officers’ responsibility is to the owners of the company, the shareholders. The business exists to create value, not to provide employment – employing workers is a function of the value added to the enterprise, not the need to create a more favorable election environment for the statist political party. Corporate officers who overlooked material tax consequences would be unfit to be corporate officers.

What is illegal and irrational is not a company’s commonsense deliberation over its costs, it is Obama’s edict. And look what attends this one: criminal prosecution if Obama’s Justice Department decides the business has falsely certified that its staffing decision was not motivated by Obamacare.

Think about that for a second. The waiver is illegal. It flouts the language of the Obamacare statute, under which the employer mandate is required already to have been implemented by now. There is nothing in the law that empowers Obama to waive the mandate, much less to attach lawless conditions to such a lawless waiver. A business that seeks the waiver and fails to pay the mandated tax (in lieu of providing the required coverage) is in violation of federal statutory law, regardless of its compliance with Obama’s outlaw edict. The payments required by the statute, after all, are owed to the public, not to Obama – he’s got no authority to deprive the government of these funds just because it would harm Democrats to collect them.

Yet, Obama proclaims his illegal waiver with impunity – Congress apparently unwilling to stop him. You, on the other hand, will be prosecuted for breaking the “law” if you do not comply to Obama’s satisfaction with the illegal and irrational condition he has unilaterally placed on his illegal waiver.

Got that? (3)

(1)  Stalinist Lawlessness: Companies Must Swear to IRS They Didn’t Fire Employees Because of Obamacare, Rush Limbaugh –

(2)  How Far Can Obama Go? Rush Limbaugh – Rush Limbaugh –

(3) Obama Adds Irrationality To Lawlessness — While Threatening Prosecution

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