Michael Barone‘s latest Washington Examiner article questions President Obama’s fidelity to the rule of law:
In his new book “The Origins of Political Order,” Francis Fukuyama identifies the chief building blocks of liberal democracy as a strong central state, a society strong enough to hold the state accountable and — equally crucial — the rule of law.
One basic principle of the rule of law is that laws apply to everybody. If the sign says “No Parking,” you’re not supposed to park there even if you’re a pal of the alderman.
Another principle of the rule of law is that government can’t make up new rules to help its cronies and hurt its adversaries except through due process, such as getting a legislature to pass a new law.
The Obamacare waiver process appears to violate that first rule. Two other recent Obama administration actions appear to violate the second.
One example is the National Labor Relations Board general counsel’s action to prevent Boeing from building a $2 billion assembly plant for the 787 Dreamliner in South Carolina, which has a right-to-work law barring compulsory union membership. The NLRB says Boeing has to assemble the planes in non-right-to-work Washington state.
“I don’t agree,” says William Gould IV, NLRB chairman during the Clinton years. “The Boeing case is unprecedented.”
The other example is the Internal Revenue Service’s attempt to levy a gift tax on donors to certain 501(c)(4) organizations that just happen to have spent money to elect Republicans.
