With so much attention on the turf war between Congress and the President, it’s easy to overlook another, equally disturbing separation-of-powers crisis – the swift erosion of federalism.
Just as the U.S. Constitution assigns certain powers and duties to the three coequal branches of the federal government (legislative, executive, and judicial), so too does it differentiate lines of responsibility between the federal and state governments. This latter idea is known as federalism, and it’s in pretty bad shape according to a thought-provoking essay by Richard Epstein and Mario Loyola.
In particular, the practice of conditioning receipt of federal money on capitulation to federal regulations is turning states into mere enforcement officers.
There are a number of ways to look at Monday’s announcement that the Treasury Department is going to delay ObamaCare’s employer mandate — requiring firms to provide health insurance for their employees — until 2016 for companies with between 50 and 99 employees.
You can consider it raw politics, a shameless exercise in taking a vital issue off the table for this year’s midterm elections, where Democrats are already looking embattled.
You can look at it as further evidence of this Administration’s lawlessness, another major change to the law enacted without…
"Thanks to rockets rising over Gaza, jet debris falling onto Ukraine, and children wading across the Rio Grande, Americans barely have had time to focus on Obamacare. Mounting global and domestic chaos, however, cannot mask forever the deep and severe flaws in Obama’s pet program. From insurance cancellations to premium increases to gross ineptness, Obamacare likely will roar back into the news…[more]