While most lawmakers and judges won’t admit it, we are increasingly living in a post-constitutional America. Take Obamacare (aka the Affordable Care Act) for instance:
1) Congress rammed through (along a party-line vote) a “framework” for the law, then handed it over to the Executive branch for the actual lawmaking – ceding its Article I legislative authority;
2) The Judicial branch overstepped its Article III authority, actually re-writing the law before declaring it constitutional; and
3) The Executive branch, in violation of the Faithful Execution Clause in Article II, applies the law however it wishes through carve-outs, exemptions, waivers, and delays.
These kinds of shenanigans happen in Washington, D.C. all the time – it’s just that Obamacare has been so in-your-face that people who don’t normally follow politics have taken notice. Even if they haven’t lost their insurance or been forced into Medicaid, many have seen their premiums and deductibles skyrocket. Continue reading Our Runaway Federal Government: Obamacare Reminds Us Why We Need Article V