Patriots: For over 28 years, your generosity has made it possible to offer The Patriot Post without a subscription fee to military personnel, students, and those with limited means. Please support the 2025 Patriots' Day Campaign today.

November 29, 2013

An Outbreak of Lawlessness

For all the gnashing of teeth over the lack of comity and civility in Washington, the real problem is not etiquette but the breakdown of constitutional norms. Such as the one just spectacularly blown up in the Senate. To get three judges onto a coveted circuit court, frustrated Democrats abolished the filibuster for executive appointments and (non-Supreme Court) judicial nominations.

For all the gnashing of teeth over the lack of comity and civility in Washington, the real problem is not etiquette but the breakdown of constitutional norms.

Such as the one just spectacularly blown up in the Senate. To get three judges onto a coveted circuit court, frustrated Democrats abolished the filibuster for executive appointments and (non-Supreme Court) judicial nominations.

The problem is not the change itself. It’s fine that a president staffing his administration should need 51 votes rather than 60. Doing so for judicial appointments, which are for life, is a bit dicier. Nonetheless, for about 200 years the filibuster was nearly unknown in blocking judicial nominees. So we are really just returning to an earlier norm.

The violence to constitutional norms here consisted in how that change was executed. By brute force – a near party-line vote of 52-48. This was a disgraceful violation of more than two centuries of precedent. If a bare majority can change the fundamental rules that govern an institution, then there are no rules. Senate rules today are whatever the majority decides they are that morning.

What distinguishes an institution from a flash mob is that its rules endure. They can be changed, of course. But only by significant supermajorities. That’s why constitutional changes require two-thirds of both houses plus three-quarters of the states. If we could make constitutional changes by majority vote, there would be no Constitution.

As of today, the Senate effectively has no rules. Congratulations, Harry Reid. Finally, something you will be remembered for.

Barack Obama may be remembered for something similar. His violation of the proper limits of executive power has become breathtaking. It’s not just making recess appointments when the Senate is in session. It’s not just unilaterally imposing a law Congress had refused to pass – the DREAM Act – by brazenly suspending large sections of the immigration laws.

We’ve now reached a point where a flailing president, desperate to deflect the opprobrium heaped upon him for the false promise that you could keep your health plan if you wanted to, calls a hasty news conference urging both insurers and the states to reinstate millions of such plans.

Except that he is asking them to break the law. His own law. Under Obamacare, no insurer may issue a policy after 2013 that does not meet the law’s minimum coverage requirements. These plans were canceled because they do not.

The law remains unchanged. The regulations governing that law remain unchanged. Nothing is changed except for a president proposing to unilaterally change his own law from the White House press room.

That’s banana republic stuff, except that there the dictator proclaims from the presidential balcony.

Remember how for months Democrats denounced Republicans for daring to vote to defund or postpone Obamacare? Saboteurs! Terrorists! How dare you alter “the law of the land.”

This was nonsense from the beginning. Every law is subject to revision and abolition if the people think it turned out to be a bad idea. Even constitutional amendments can be repealed – and have been (see Prohibition).

After indignant denunciation of Republicans for trying to amend “the law of the land” constitutionally (i.e. in Congress assembled), Democrats turn utterly silent when the president lawlessly tries to do so by executive fiat.

Nor is this the first time. The president wakes up one day and decides to unilaterally suspend the employer mandate, a naked invasion of Congress’ exclusive legislative prerogative enshrined in Article I. Not a word from the Democrats. Nor now regarding the blatant usurpation of trying to restore canceled policies that violate explicit Obamacare coverage requirements.

And worse. When Congress tried to make Obama’s “fix” legal – i.e., through legislation – he opposed it. He even said he would veto it. Imagine: vetoing the very bill that would legally enact his own illegal fix.

At rallies, Obama routinely says he has important things to do and he’s not going to wait for Congress. Well, amending a statute after it’s been duly enacted is something a president may not do without Congress. It’s a gross violation of his Article II duty to take care that the laws be faithfully executed.

A Senate with no rules. A president without boundaries. One day, when a few bottled-up judicial nominees and a malfunctioning health care website are barely a memory, we will still be dealing with the toxic residue of this outbreak of authoritative lawlessness.

© 2013, The Washington Post Writers Group

Who We Are

The Patriot Post is a highly acclaimed weekday digest of news analysis, policy and opinion written from the heartland — as opposed to the MSM’s ubiquitous Beltway echo chambers — for grassroots leaders nationwide. More

What We Offer

On the Web

We provide solid conservative perspective on the most important issues, including analysis, opinion columns, headline summaries, memes, cartoons and much more.

Via Email

Choose our full-length Digest or our quick-reading Snapshot for a summary of important news. We also offer Cartoons & Memes on Monday and Alexander’s column on Wednesday.

Our Mission

The Patriot Post is steadfast in our mission to extend the endowment of Liberty to the next generation by advocating for individual rights and responsibilities, supporting the restoration of constitutional limits on government and the judiciary, and promoting free enterprise, national defense and traditional American values. We are a rock-solid conservative touchstone for the expanding ranks of grassroots Americans Patriots from all walks of life. Our mission and operation budgets are not financed by any political or special interest groups, and to protect our editorial integrity, we accept no advertising. We are sustained solely by you. Please support The Patriot Fund today!


The Patriot Post and Patriot Foundation Trust, in keeping with our Military Mission of Service to our uniformed service members and veterans, are proud to support and promote the National Medal of Honor Heritage Center, the Congressional Medal of Honor Society, both the Honoring the Sacrifice and Warrior Freedom Service Dogs aiding wounded veterans, the Tunnel to Towers Foundation, the National Veterans Entrepreneurship Program, the Folds of Honor outreach, and Officer Christian Fellowship, the Air University Foundation, and Naval War College Foundation, and the Naval Aviation Museum Foundation. "Greater love has no one than this, to lay down one's life for his friends." (John 15:13)

★ PUBLIUS ★

“Our cause is noble; it is the cause of mankind!” —George Washington

Please join us in prayer for our nation — that righteous leaders would rise and prevail and we would be united as Americans. Pray also for the protection of our Military Patriots, Veterans, First Responders, and their families. Please lift up your Patriot team and our mission to support and defend our Republic's Founding Principle of Liberty, that the fires of freedom would be ignited in the hearts and minds of our countrymen.

The Patriot Post is protected speech, as enumerated in the First Amendment and enforced by the Second Amendment of the Constitution of the United States of America, in accordance with the endowed and unalienable Rights of All Mankind.

Copyright © 2025 The Patriot Post. All Rights Reserved.

The Patriot Post does not support Internet Explorer. We recommend installing the latest version of Microsoft Edge, Mozilla Firefox, or Google Chrome.