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The Ignored Silent Evil Gorilla in Obamacare

While everyone is debating the individual mandate and the cost fallacies in the Affordable Healthcare Act, one of the most potentially damaging aspects of the bills is being largely ignored. The idea that a bill can be passed in Congress which would have wording that states it can never be repealed or changed is insane.

The founders of this country meant for making and changing laws to be difficult. With both sides of any issue standing their ground and debating vigorously, only the best ideas which could produce some semblance of consensus would be enacted. The Constitution has a mechanism built in it for change, but it is hard to do on purpose. The founders had been subject to rule by whim and wanted no more of it.

The Affordable Healthcare Act sets in place policies which, by law, cannot be changed.  This is tyranny of the majority in perpetuity. Whenever a party finds themselves in a strong enough majority, it can put in place policies that cannot be changed even if that party is uniformly rejected later.

Suppose a party with the presidency, a filibuster-proof Senate majority, and control of the House of Representatives (as was the case in 2008-2010) passes a reprehensible law (e.g., Women can no longer vote, pedophilia is legal, reinstitution of slavery, decapitation as a mandatory sentence for jaywalking, etc.) and adds to it a provision that the law cannot be repealed. At the subsequent election, the people throw all the idiot legislators and President out of office for passing such a bill. However, the newly installed legislature cannot repeal that bill. To have the ability to pass bills which cannot be changed or repealed is to put in place that the only way to change policy is for armed insurrection to overthrow the government and reinstitute the government every time a policy change is required. That is insane. You end up with more governments than France over the years. Yet this is what the Democrats tried to do. They violated the rules of the Senate to pass a bill and then try to have it remain in place forever by the language within the bill.

I find this the most egregious part of the entire episode.

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