Fashioning good legislative policy (so that laws that we enact garner maximum respect from the public) requires, as we have seen from its absence in the prior Congress, patience and compromise. A party with electoral control over both chambers of Congress and the presidency can probably pass a bill into law, but you rarely can get everything you want if the goal is to maximize a national consensus. Mr. Obama and his Democratic majority claim to have gotten much of their agenda through, but until the president was forced to engage in coalition building in the lame duck session, as a result of the November 2 “shellacking” taken by his party, most of the bills supported only by the far left are under attack by the new Congress and the courts. And even if the GOP cannot either dismantle the monstrous health care and financial “reform” laws that were passed or be successful in court challenges, we will be left with years of anger, recrimination, and confusion arising out of multi‑thousand page laws that no member of Congress even read.

Instead our elected leaders have left it, largely, to unelected bureaucrats appointed by the current Administration to write detailed regulations to determine how to interpret and enforce the so‑called “will” of the same Congress that never read or understood what they passed. We have seen alarming portents of this in recent pronouncements by regulatory agencies as to their intent when final regulations are promulgated. The regulations, as we have seen from the public pronouncements show no real effort to determine that intent but rather are designed to enact the agenda of the far left which the Democrats, even with their large congressional majority, could not pass. The common thread is to transfer more control of the private sector to the government, to redistribute wealth and dismantle or exercise unprecedented control over the industries that are in their crosshairs. This is not alarmist rhetoric; it is simply sad fact. For them the ends justify the means.
Take this example. Because of alarm that Sarah Palin’s so‑called “death panels” would scuttle the healthcare legislation; end-of-life counseling was dropped from the health care bill. Frankly, we think the term “death panels” was overheated rhetoric and an allegorical stretch even for politicians, and that counseling terminally ill patients who are in pain about their right to refuse “heroic” but probably ineffective measures to prolong life a while longer, is totally appropriate. However, in order to pass the law, Congress compromised and dropped the end-of-life counseling provision. Before the end of 2010, however, Medicare issued a regulation restoring the provision. Moreover the regulation was buried among hundreds of other Medicare regulations. The original Congressional supporter of government payments for such counseling was so delighted by this action that he urged his supporters “not to crow about it” presumably so it wouldn’t get much attention. Can anyone believe this wasn’t the Administration’s intent all along? As Charles Krauthammer stated in his December 31 op‑ed in the Washington Post, “For an Obama bureaucrat, … the will of Congress is a mere speed bump.”
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