UNITED NATIONS – President Obama’s executive action on gun control reveals the shape of things to come when laws are made by fiat and the lawmakers sit outside our borders.
From gun control to executive amnesty, Iran nuclear appeasement and “climate change” energy caps, this president has a smug disregard for the constitutional process and Congress.
But the disease corroding our Constitution did not have its onset with this president and it will not end when he leaves office a year from now. Nor is it confined to the White House.
The progressives believed that advanced industrial society, like a corporation, is best ruled by professional technocratic managers. An elite cadre of “enlightened” social engineers would replace messy representative government.
This conceit informs the bureaucratic state. Under this regime, Congress sketches out laws in broad terms. Unelected executive-branch bureaucrats are tasked with filling in the details, interpreting, re-interpreting (as we see in the gun-control action) and enforcing the laws Congress passes.
The specific meaning of the laws can change. Asked how many guns one must sell before being required to get a federal firearms license, the president says it will be decided on a case by case basis.
Such a “flexible” legal framework, giving the government broad discretionary powers, bears a striking resemblance to what obtained in the Soviet Union, where the lack of an objective legal system allowed authorities to do whatever they wished.
Just as Congress outsourced lawmaking to the regulatory agencies of the executive branch, lawmakers are now poised to outsource these powers to international bureaucrats beyond our borders.
President Obama is asking Congress to approve the Trans-Pacific Partnership, a global regulatory pact that currently involves 12 countries on four continents taking in some 40 percent of the world’s economy.
The TPP agreement establishes a Trans-Pacific Partnership Commission with sweeping regulatory powers. This commission will oversee the implementation and operation of the agreement, interpret its terms and have sole power to amend or modify the pact.
The Trans-Pacific Partnership Commission is, in short, an international regulatory agency. It will be staffed by faceless, foreign, unelected bureaucrats tasked with writing rules on immigration, food, energy, medicine, Internet, copyright, patents and business within our borders as well as across our borders.
The TPP stipulates that the rules these bureaucrats write must comply with other international agreements, such as the Paris climate change agreement and other pacts promulgated by the United Nations.
Congress would have no role in creating or approving the rules this commission writes, just as it (supposedly) has no role in the reinterpretation of rules on firearm sales or refugee resettlement or a thousand other regulations promulgated with the force of law by the executive branch every year.
But there is a crucial difference: Congress has the power to de-fund the domestic regulatory agencies, though it has notably failed to do so. De-funding the Trans-Pacific Partnership Commission would not be an option.
If you don’t like the idea of the president and his cronies issuing laws according to their whims, you’ll love having unaccountable foreign bureaucrats on the other side of the world doing it.
Obama will call on Congress to approve the Trans-Pacific Partnership in his State of the Union speech Tuesday.
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