Mona Charen

You needn't believe that Barack Obama personally texted IRS agents and instructed them to harass conservatives to know that he disdains the constitutional order. The evidence is in the legislation he signed. Both the Affordable Care Act and Dodd-Frank create boards with utterly (in the case of Dodd Frank) and nearly (in the case of Obamacare) unreviewable power. Both are the subjects of lawsuits challenging their constitutionality.

Dodd Frank (aka "Dodd Frankenstein") creates at least two panels that are insulated from Congress's power of the purse. The Consumer Financial Protection Bureau and the Financial Stability Oversight Council derive their funding directly from the Federal Reserve. The president can appoint the director of the CFPB but can remove him only in very limited circumstances. The courts, which can normally overturn agency actions deemed "arbitrary or capricious," have limited review. The president highlighted his contempt for law by illegally naming the current director of CFPB as a "recess appointment" - when the Senate was not in recess.

The FSOC can declare firms "too big to fail" and thus obligate taxpayers for bailouts. The courts will have no say.

Under Obamacare, the Independent Payment Advisory Board (IPAB) is exempted from the notice and comment rules of federal agencies. IPAB dictates automatically become law unless Congress itself intervenes, but Congress has little time to do so and must vote by a three-fifths majority to modify an IPAB decision. The courts are not permitted to review its rulings.

Even abolishing IPAB has been made virtually impossible by the law.

At his Thursday press conference, Obama promised that if "there's a problem in government, we'll fix it." But his overweening signature legislation guarantees that power will be abused. Shielding government agencies from judicial and congressional review is an open invitation to the kind of misuse a wiser person would guard against. Wiser men did. They created our constitution, which Obama and his progressive allies flout.


Mona Charen

Mona Charen is a syndicated columnist, political analyst and author of Do-Gooders: How Liberals Hurt Those They Claim to Help .
 
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