September 26-27 -- Eroding the Rule of Law Play Now | Play in Popup | Download

With the gathering of world leaders at both the G-20 summit in Pittsburgh and the United Nations general assembly in New York, not to mention ongoing maneuvering by the Democrats (in both Washington, DC and Boston) to pass President Obama’s health care initiative, last week was a busy news week.

In his speeches on international affairs, President Obama continued to promote his “new” defense policies for the US.  These included his dangerous nuclear non-proliferation agenda that is based on the naïve goal of trying to rid the world of nuclear weapons.  In his address to the United Nations, President Obama reiterated his pledge to reduce America’s arsenal of nuclear weapons.  While world leaders applauded Obama’s speech, Iran revealed to the International Atomic Energy Agency that it is building a second (secret) uranium enrichment plant for making nuclear fuel.  In spite of Obama’s willingness over the past eight months to meet with Mahmoud Ahmadinejad without preconditions, Iran continues to hide its nuclear program from UN inspectors.  Meanwhile, in a world increasingly characterized by the rapid proliferation of nuclear weapons, the Vice President of Brazil, announced that he believes his country should develop nuclear weapons in order to protect itself against foreign attacks.  So much for a world without nuclear weapons!

Meanwhile, Democratic Party legislators in Washington D.C. continued to push for ObamaCare styled health care “reform.”  In an effort to advance this increasingly unpopular agenda, the Administration issued a “gag” order prohibiting Humana Inc.-a private insurance company offering Medicare and Medicare Advantage coverage to seniors-from mailing information to its customers that warns of Medicare cuts included in pending reform plans.  The gag order was issued after Humana sent its 1.5 million Medicare Advantage clients a letter that, according to Representative Dave Camp (R-Mich) was factually correct.  Congressman Camp stated, “If you look at the letter that Humana sent out, it is factual.  Even the CBO says that Medicare beneficiaries’ benefits could be negatively impacted and their costs could increase.”  Democrats in the Senate Finance Committee also blocked an amendment issued by Republicans that would require a 72 hour waiting period before any healthcare reform legislation is voted upon.  According to GOP Senators, this would allow the CBO time to analyze the costs of the new bill with all of its changes and amendments while also giving lawmakers time to read the final draft.  So much for President Obama’s promises of transparency and open debate.

Fearing that Healthcare reform may not pass the Senate at all, Senate Majority Leader Harry Reid (Democrat from Nevada), renewed his threats to use “reconciliation” to pass the unpopular bill.  Reconciliation is a procedure enacted in 1974 which enables a simple majority of fifty-one Senators to pass specific budget provisions that are designed to help balance the budget.  It was not intended and has never been used to pass major new policies for the country.  For many decades (perhaps for over one hundred years), the rules of the United States Senate have required a super majority of sixty votes to enact new legislation.  Even Democratic Senator Robert Byrd has condemned the use of “reconciliation” to pass President Obama’s health care bill, because this kind of “rule bending” to pass changes in health care for America will mean that the changes are highly partisan and opposed by a very large portion of Americans.  No fundamental changes in policy can be successful if opposed by huge numbers of people.  I believe that Senator Reid’s threat to use reconciliation is an example of Democratic Party leaders putting their desire to exercise power ahead of their obligation to obey our laws and maintain the principle of limited powers.  This kind of power politics erodes the rule of law in our country because when powerful people can “bend the law” to their will, we are no longer ruled by laws, but by the whim of powerful leaders.  This is not progress, but a return to the traditional, arbitrary way that governments ruled over their people.  This is the kind of government tyranny that our Founding Fathers and Mothers (many women like Abigail Adams also helped give birth to our nation) fought in the American Revolution.

Eroding the rule of law further, the White House urged the Massachusetts legislature (which is controlled by Democrats) and Democratic Governor Deval Patrick to change current Massachusetts laws so that an interim Senator could immediately be appointed to the empty seat vacated by Edward Kennedy.  Five years ago, the Massachusetts legislature changed the law to require an election to replace a Senator who left office.  Back in 2004, the Democrats were concerned that Senator John Kerry would leave office as a result of being elected President, and then Governor Mitt Romney – a Republican – would appoint a Republican to replace Kerry.  Now, with a Democrat in the Governor’s office and debates over health care and Cap and Trade raging in Washington, the Democrats did not want to follow the law they passed in 2004.  Now, they wanted their Democratic Party Governor to be able to appoint a Democrat to the Senate in the interim period before an election.

A large minority of Massachusetts legislators (including Republicans and some Democrats) saw this move to change the law to fit the situation as a naked grab for power that threatens the rule of law and opposed the measure.  As a result, the new law passed but only by a slim majority.  Under the Massachusetts Constitution, a law passed by simple majorities in the legislature can become law after being signed by the Governor, but such a law can only take effect after a 90 day waiting period.  The only exception to this waiting period is if the Governor declares a “state of emergency.”  So what did Democratic Governor Deval Patrick do under sunny skies in late September with peace in the streets and an economy that the leaders of his own party say is recovering?  He declared a “state of emergency” saying that the fact that health care was being debated in the U.S. Senate created the emergency.  And so a liberal Democrat who was a long-time aid to Ted Kennedy, Paul Kirk, was appointed to the U.S. Senate this week and could cast the deciding vote for our nation on health care and climate legislation in the weeks ahead.

The result of all of this is that Democratic Party leaders including President Barack Obama, Governor Deval Patrick, Senator Harry Reid, and many others have clearly demonstrated that they value their power and their opinions of how we should be ruled much more highly than they value the principles of limited government and the rule of law.  Our Founding Fathers, including John Adams of Massachusetts, are rolling over in their graves.  The final line of the first verse of “America the Beautiful” – a verse we have all sung many times – says simply “America … Thy Liberty is Law.”  We must come to the defense of liberty by voting these emerging tyrants out of power.

Former Pennsylvania Congressman Phil English also joined me in the studio this week to discuss the G-20 summit that was held in Pittsburgh on September 24th and 25th.  Phil and I discussed the international goals of this meeting, the reasons why Pittsburgh was chosen to host this event and the “anti-globalization” and “anti-capitalist” protest marches that occurred.  The bottom line is that in spite of tremendous mismanagement of our city government, Pittsburgh is a unique and great place.  Entrepreneurs and leaders in business, the arts, medicine, sports and other professions have through all of their many efforts over decades been able to change Pittsburgh from a dirty industrial center into a clean, safe, and innovative city.  Phil describes Pittsburgh as “one of the great success stories in modern America and an achievement worthy of global imitation: a tribute to the vitality of American entrepreneurship and local civic leadership.”  He is right.

Matt Brouillette, President and CEO of the Commonwealth Foundation updates us on the terrible budget compromise currently being considered by Governor Ed Rendell and the Pennsylvania legislature.  The bottom line is that the compromise will enable our state government to spend $28 billion in the current fiscal year with tax receipts of only about $25 billion.  The difference will be funded by using federal bailout funds, exhausting the state’s “rainy day” fund and increasing taxes.  One tax increase is particularly damaging to our future.  The Capital Stock and Franchise tax rate on businesses will increase by 53%.  In the past even Governor Rendell has called this tax on business investment a business and job killer.  Now, he is committed to raising it.  This will kill jobs and future economic growth in our commonwealth.  It is not just shooting us in the foot; it is shooting us in the thigh.  Once the Federal government stimulus evaporates, the Pennsylvania legislature will be left with no other option but to raise personal income taxes in order to balance future budgets.  Whether it is Pennsylvania or Washington D.C. our elected leaders must stop their out-of-control spending on social programs that do not work and political patronage that leaves legacies of corruption and dependency.

We must elect leaders, who understand the importance of lower taxes, constrained government spending, and strong national security; and who respect the rule of law.  2010 has become a crucial election for the future of the Commonwealth of Pennsylvania and the United States of America!  We must send conservative leaders to Harrisburg and Washington to stop the liberal, “progressive” agenda that is currently ravaging our state and country.  If you have not already, I hope you will join the effort.