Thursday, May 14, 2009

From the Clarion Ledger-

Obama administration leans to constitutional lawlessness
George F. Will / • The Washington Post • May 14, 2009
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WASHINGTON — Anyone, said T.S. Eliot, could carve a goose, were it not for the bones. And anyone could govern as boldly as his or her whims decreed, were it not for the skeletal structure that keeps civil society civil - the of rule of law. The Obama administration is bold. It also is careless regarding constitutional values and is acquiring a tincture of lawlessness.

In February, California's Democratic-controlled Legislature, faced with a $42 billion budget deficit, trimmed $74 million (1.4 percent) from one of the state's fastest growing programs, which provides care for low-income and incapacitated elderly and cost the state $5.42 billion last year. The Los Angeles Times reports that "loose oversight and bureaucratic inertia have allowed fraud to fester."

But the Service Employees International Union collects nearly $5 million a month from 223,000 caregivers who are members. And the Obama administration has told California that unless the $74 million in cuts are rescinded, it will deny the state $6.8 billion in stimulus money.

Such a federal ukase to a state legislature is a sign of the administration's dependency agenda - maximizing the number of people and institutions dependent on the federal government. For the first time, neither sales nor property nor income taxes are the largest source of money for state and local governments. The federal government is.

The SEIU says the cuts violate contracts negotiated with counties. California officials say the state required the contracts to contain clauses allowing pay to be reduced if state funding is.

Anyway, the Obama administration, judging by its cavalier disregard of contracts between Chrysler and some of the lenders it sought money from, thinks contracts are written on water. The administration proposes that Chrysler's secured creditors get 28 cents per dollar on the $7 billion owed to them, but that the United Auto Workers union get 43 cents per dollar on its $11 billion in claims - and 55 percent of the company. This, even though the secured creditors' contracts supposedly guaranteed them better standing than the union.

The Economist says the administration has "ridden roughshod over (creditors') legitimate claims over the (automobile companies') assets."

This is not gross, unambiguous lawlessness of the Nixonian sort - burglaries, abuse of the IRS and FBI, etc. - but it is uncomfortably close to an abuse of power that perhaps gave Nixon ideas: When in 1962 the steel industry raised prices, President Kennedy had a tantrum and his administration leaked rumors that the IRS would conduct audits of steel executives, and sent FBI agents on predawn visits to the homes of journalists who covered the steel industry.
The Obama administration's central activity - the political allocation of wealth and opportunity - is not merely susceptible to corruption, it is corruption.

George F. Will / • The Washington Post • May 14, 2009

E-mail columnist George Will at georgewill@washpost.com.

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