In an inevitable state of ignorance of some of its major provisions, Pres. Barack Obama recently signed a 2,700-page health-care bill. Since then, the president has championed a 1,400-page financial-reform proposal, insisting that it does not provide a blank check for future multibillion-dollar corporate bailouts — but the bill would, in fact, provide a blank check for future multibillion-dollar corporate bailouts.
The point of these geysers of legislation is to produce tsunamis of regulation. Tens of thousands of pages dense with code will shift control of previously private activity to swelling bureaucracies, unaccountable to any but the most wired insiders. In crony socialism as in crony capitalism, what matters is who you know. When it comes to the law, no one can really know what it is.
In his spare time, on April 8, President Obama signed an arms-reduction treaty with Russia. He urges swift ratification of the accord even though, as former U.S. ambassador to the United Nations John Bolton observes, important provisions are still being negotiated. In the spirit of the times, though, the pact would become the law of the land before those details are finalized, while its authors either don’t know what it says or are lying about it. Administration officials told Arizona Republican senators Jon Kyl and John McCain — who will be central to the Senate’s ratification debate — that the treaty referred to missile defense only in the hortatory, non-binding preamble. Yet when the senators looked at the treaty’s binding terms, they found, right there in black and white, a provision (Art. V, para. 3) that would require the United States to refrain from placing “defense interceptors” in existing missile launchers — a severe compromise of American national security.
So when the president hastily pronounced Arizona’s new immigration bill “misguided” and “irresponsible,” Arizona residents — whom the federal government has abandoned to the siege of Mexican warlords, narco-peddlers, and squatters — may be forgiven for snickering. Come to think of it, snickering has become the default reaction to pronouncements on the law by our ex-law-prof-in-chief , particularly those prefaced by his most grating verbal tic, “Let me be clear . . . .”
Thursday, April 29, 2010
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