The Constitution of the United States begins with the words “We the people.” But neither the Constitution nor “we the people” will mean anything if politicians and judges can continue to do end runs around both.

Thomas Sowell at Human Events

EXCERPTS:

Bills passed too fast for anyone to read them are blatant examples of these end runs. But last week, another of these end runs appeared in a different institution when the medical “end of life consultations” rejected by Congress were quietly enacted through bureaucratic fiat by administrators of Medicare.

Although Congressman Earl Blumenauer and Senator Jay Rockefeller had led an effort by a group of fellow Democrats in Congress to pass Section 1233 of pending Medicare legislation, which would have paid doctors to include “end of life” counselling in their patients’ physical checkups, the Congress as a whole voted to delete that provision.

Republican Congressman John Boehner, soon to become Speaker of the House, objected to this provision in 2009, saying: “This provision may start us down a treacherous path toward government-encouraged euthanasia.”

During the Progressive era of the early 20th century, the denigration of the Constitution began, led by such luminaries as Princeton scholar and future President of the United States Woodrow Wilson, future Harvard Law School Dean Roscoe Pound and future Supreme Court Justice Louis Brandeis.

But if law is not a body of rules, what is it? A set of arbitrary fiats by judges, imposing their own vision of “the needs of the times”? Or a set of arbitrary regulations stealthily emerging from within the bowels of a bureaucracy?

FULL ARTICLE

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