President-elect Barak Obama announced today that he is considering the use of Executive Order to overturn some of President Bush’s policies, specifically regarding offshore drilling and Stem Cell research. If he reinstates the prohibition on offshore drilling, we can expect to see an immediate rise in the price of oil, which will cause the price of gas to increase.

This is one of my primary gripes about the current state of Washington DC; the rule of law is almost meaningless now. What’s more, the use of Executive Orders, by either Republicans or Democrats, contributes to the erosion of the rule of law in America. Both sides wield them as political weapons to undo the previous administration’s “mistakes.” In their selfish grabs for power, neither party recognizes the consequences of their actions.

For example, oil companies watched the repeal of the EO that prohibited drilling off the continental shelf, and yet did nothing. But their inaction was a carefully considered response to Washington’s instability. Most oil companies expected the Democrats to reinstate the prohibition on drilling on the shelf as soon as they possibly could, and so did not move to take advantage of the opportunity. They knew that doing so would simply be a waste of time and money.

If Washington really followed the rule of law, these companies could move ahead confident that the actions of government generally could be predicted. As things now stand, predictability is limited to the party level, which results in being able to predict the actions of one party or another. But it is impossible to determine which party will hold power after the next election, and this uncertainty effectively freezes innovation and research in a host of industries including oil and gas.

The deemphasizing of the rule of law has other effects as well. Proposition 8 in California is an example of how the rule of law is ignored by the liberals in social policy. The people have spoken twice about their decisions on gay marriage, yet liberals vow to continue to challenge the voice of the People in court. How they intend to get the courts to overturn the State Constitution is yet unknown, but the fact that they are even considering it is disturbing.

Additionally, the disregard for the rule of law causes voter apathy, as people realize that politicians have only their own power and special interests at heart, and fail to show interest in the will of the people. This is specifically what the people were hoping Obama was promising to change. How disappointed those people will be.

The problem ultimately lies with unchecked Liberalism. Liberalism is an ideology that considers all things fluid. The Constitution is a living, breathing document. Law can be created or overturned by the courts. Any interpretation of the law is justified, while strict constructionism is rejected. The Rule of Law and Liberalism are mutually exclusive. Liberalism is truly the rule of will, which has historically been the definition of tyranny.

The people of California arrived at these decisions through legitimate democratic processes. But the result is not what Liberals want, so they refuse to acknowledge the results. This rejection directly undermines those democratic processes. In their stubborn selfishness, Liberals will ultimately destroy the very system of government, the beauties of which they are so fond of lecturing us about.

Modern Liberalism sees the state as the ultimate source of power and authority. The people are simply assets of the state. The elitist nature of Liberalism says that most of the people cannot take care of themselves, and therefore it is right and just that the elite should take care of them. The people have a voice only inasmuch as they are allowed a voice by the ruling elite, which happens only when the message matches that of the elite. The idea that the state should exist only to carry out the will of the people is anathema to Liberalism.

In summary, Liberalism, as pointed out by Jonah Goldberg, is another name for Fascism. Until we can root out Liberalism, America will decay and Liberty will continue to decline in America and around the world.

Comments

4 Responses to “The New Face Of Tyranny”

  1. Jordan on November 9th, 2008 8:03 pm

    Trenton, I couldn’t remember–is the Supreme Court the court of original jurisdiction for executive orders? If it comes down to that, what do you see happening?

  2. Trenton on November 9th, 2008 8:53 pm

    That’s a great question, and one that I don’t have an immediate answer for.

    I’ll check back in later…

  3. Trenton on November 9th, 2008 9:42 pm

    I think I have your answer.

    In 1952, the Supreme Court ruled in Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952) that harry Truman’s Executive Order 10340 was unconstitutional because it attempted to directly make law in violation of the “faithful execution” clause of the Constitution.

    This clause gives the President wide discretion in executing the law, but does not give him authority to enact law. As a result of the ruling, Presidents will now often cite the specific law being executed when an Executive Order is signed.

    The Supreme Court was asked by the government to make a ruling of certorari in the case–part of the appellate jurisdiction of the Court.

    As to what I see happening, I see the federal government increasing its power under the Obama administration.

    Obama is a statist who believes that federal power should trump in all cases. Most people don’t like the expansion of federal power. However, I also see a very charismatic, popular man who can very effectively manipulate public opinion, much like what Bill Clinton was able to do. The difference is that Obama doesn’t have the same sexual baggage Clinton did, which will work heavily in Obama’s favor.

    I predict that even though Obama will work toward expanding federal power, his approval ratings will remain fairly high and he will be able to accomplish most of what he wants.

    I really hope I’m wrong, though.

  4. Ryan on November 9th, 2008 11:24 pm

    Obama’s executive orders will lead to the socialism that he claimed not to espouse during the campaign. Only now in office, he’ll be able to ride a wave of public support as a result.

    I think Kay said it best in Men In Black: “A person is smart. People are dumb, panicky, dangerous animals and you know it.”

    A perfect description of the Obama nation.

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