Individual Mandate

Obamacare’s despicable, anti-liberty — and therefore anti-American — individual mandate is gone. Well done, Republicans.

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Obama(care)’s Pack of Lies

From Charles Krauthammer:

It’s not exactly the Ems Dispatch (the diplomatic cable Bismarck doctored to provoke the 1870 Franco​–​Prussian War). But what the just-resurfaced Gruber Confession lacks in world-historical consequence, it makes up for in world-class cynicism. This October 2013 video shows MIT professor Jonathan Gruber, a principal architect of Obamacare, admitting that, in order to get it passed, the law was made deliberately obscure and deceptive. It constitutes the ultimate vindication of the charge that Obamacare was sold on a pack of lies.

“Lack of transparency is a huge political advantage,” said Gruber. “Basically, call it the stupidity of the American voter or whatever, but basically that was really, really critical to getting the thing to pass.”

First, Gruber said, the bill’s authors manipulated the nonpartisan Congressional Budget Office, which issues gold-standard cost estimates of any legislative proposal: “This bill was written in a tortured way to make sure CBO did not score the mandate as taxes.” Why? Because “if CBO scored the mandate as taxes, the bill dies.” And yet, the president himself openly insisted that the individual mandate — what you must pay the government if you fail to buy health insurance — was not a tax.

Worse was the pretense that Obamacare wouldn’t cost anyone anything. On the contrary, it’s a win–win, insisted President Obama, promising that the “typical family” would save $2,500 on premiums every year.

Skeptics like me pointed out the obvious: You can’t subsidize 30 million uninsured without someone paying something. Indeed, Gruber admits, Obamacare was a huge transfer of wealth — which had to be hidden from the American people, because “if you had a law which . . . made explicit that healthy people pay in and sick people get money, it would not have passed.”

Remember: The whole premise of Obamacare was that it would help the needy, but if you were not in need, if you liked what you had, you would be left alone. Which is why Obama kept repeating — Politifact counted 31 times — that “if you like your plan, you can keep your plan.”

But of course you couldn’t, as millions discovered when they were kicked off their plans last year. Millions more were further shocked when they discovered major hikes in their premiums and deductibles. It was their wealth that was being redistributed.

As NBC News and others reported last year, the administration knew this all along. But White House political hands overrode those wary about the president’s phony promise. In fact, Obama knew the falsity of his claim as far back as February 2010 when, at a meeting with congressional leaders, he agreed that millions would lose their plans.

Now, it’s not unconstitutional to lie. But it is helpful for citizens to know the cynicism with which the massive federalization of their health care was crafted.

It gets even worse, thanks again to Gruber. Last week, the Supreme Court agreed to hear a case claiming that the administration is violating its own health-care law, which clearly specifies that subsidies can be given only to insurance purchased on “exchanges established by the state.” Just 13 states have set up such exchanges. Yet the administration is giving tax credits to plans bought on the federal exchange — serving 37 states — despite what the law says.

If the government loses, the subsidy system collapses and, with it, Obamacare itself. Which is why the administration is frantically arguing that “exchanges established by the state” is merely sloppy drafting, a kind of legislative typo. And that the intent all along was to subsidize all plans on all exchanges.

Reenter professor Gruber. On a separate video in a different speech, he explains what Obamacare intended: “If you’re a state and you don’t set up an exchange, that means your citizens don’t get their tax credits.” The legislative idea was to coerce states into setting up their own exchanges by otherwise denying their citizens subsidies.

This may have been a stupid idea, but it was no slip. And it’s the law, as written, as enacted and as intended. It can be changed by Congress only, not by the executive. Which is precisely what the plaintiffs are saying. Q.E.D.

It’s refreshing that “the most transparent administration in history,” as this administration fancies itself, should finally display candor about its signature act of social change. Inadvertently, of course. But now we know what lay behind Obama’s smooth reassurances — the arrogance of an academic liberalism that rules in the name of a citizenry it mocks, disdains, and deliberately, contemptuously deceives.

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Untruth, Inc.

From VDH:

We can usefully view the Obama administration’s chronic untruthfulness as a sort of multifaceted corporation of untruth, with all sorts of subsidiaries.

THE BALD LIES OF POLITICAL EXPEDIENCY
Remember the al-Qaeda-is-on-the-run 2012-election talking point? It was mostly a lie. The administration deliberately released to sympathetic journalists only those documents from the so-called Osama bin Laden trove that revealed worry and dissension among the terrorists. Then it nourished essays by pet journalists trumpeting the decline of al-Qaeda. Disturbing memos that confounded that narrative, as Weekly Standard journalist Steven F. Hayes recently noted, were kept back. “On the run” was dropped after the 2012 election, when events on the ground made such an assertion absurd.

Recent disclosures by some of the combatants about the night of the Benghazi attack remind us that almost everything Jay Carney, Susan Rice, Hillary Clinton, and President Obama swore in the aftermath of the debacle was knowingly false. A video did not cause the attack. The rioting was not spontaneous. A video-maker, an American resident, was soon jailed, while one of the suspected killers was giving taped interviews at a coffee house in Benghazi. There were ways of securing the consulate and the annex that were not explored, both before and during the assault. Talking points were altered. Again, the catalyst for untruth was reelection worries by an administration that believes its exalted ends of social justice allow any means necessary for reaching them.

Has anything the administration said about pulling our troops out of Iraq proven true? Was it really the Iraqis’ fault or George Bush’s? Was our leaving proof that Iraq might be one of the administration’s “great achievements”? Was the Iraq that we left without any peacekeepers really “stable”? On more than ten occasions the president bragged on the campaign trail that he alone had ended American involvement in Iraq. When Iraq predictably blew up after our departure, he snarled to reporters that he was angry that anyone would dare accuse him alone of being responsible for our precipitate departure.

Was there any element of “reset” with Russia that was accurate? Obama came into office lambasting the prior administration for alienating Russia — when all it had done was adopt some rather moderate measures to punish Russia for invading Georgia. Reset, in truth, was a remission of punishments — from missile defense with the Czechs and Poles to cut-offs of some high-level negotiations — and thus served as a signal to Putin and his subordinates that Obama believed America had been wrong to react to Georgia. And we know what followed from that.

LIES TO HIDE WHAT WE DON’T LIKE
On issues where the public is at odds with the administration, the Obama team too often makes things up to hide its isolation. Little the administration has stated about the IRS scandal has proven true. It was not a slip-up in one local office; nor were liberal groups equally targeted. There was quite a bit more than a “smidgen” of corruption. The administration’s strategy was to make so many things up that the public got confused and the matter went away. The corruption worked to defang the Tea Party in 2012, and the cover-up — except for fall woman Lois Lerner, who took the Fifth Amendment — worked even better.

Have any of the statements the administration has presented about our southern border proven true? Do we know how many people have recently crossed into the United States illegally, what exactly U.S. immigration policy is, or where exactly foreign nationals are and what are their statuses? The public polls strongly against lax borders and blanket amnesties, so the administration apparently must deceive to permit both — and in a politically disingenuous fashion of postponing the requisite executive orders until after the 2014 midterm elections, while blaming the delay on the crisis on the border that it caused.

Did much of anything prove accurate about the Affordable Care Act? Costs, keeping our doctors and existing plans, the effect on the deficit, the website? Had the president in 2008 outlined honestly the ACA’s provisions, he would never have gotten elected, or had he by 2012 fully implemented them, he would never have gotten reelected. Lying about Obamacare and demonizing any who objected were smart politics, but the president will never regain the trust of those whose premiums spiked, who lost their coverage and their doctors, and who still do not understand what exactly Obamacare is.

MYTHOGRAPHY
Most of the assertions uttered in the 2009 Cairo speech were untrue, from false claims about Islamic achievement to supposed Islamic tolerance during the Inquisition in Córdoba — at a time when there were no Muslims in Córdoba. Emperor Hirohito no more surrendered to General Douglas MacArthur than George Washington, Abraham Lincoln, and FDR were in office when their respective wars ended and they supposedly agreed to prisoner exchanges — or than Barack Obama’s grandfather helped to free Auschwitz. Obama sees history in the same postmodernist fashion in which he looks upon his own past — details are constructed by everyone, and thus truth is a relative concept that should not be adjudicated by those with privilege against those who are using narratives to advance social justice. The result is that almost any time the president makes reference to the past, ours or his, we can assume two things: His facts are wrong, and they are wrong in a way that is meant to highlight his own godhead.

AMNESIA
There are lots of things that Obama says that he knows will simply fade into oblivion. Did we ever believe that Joe Biden was going to bird-dog abuses in spending for the stimulus to ensure shovel-ready jobs? Did we really believe that Obama would halve the deficit by the end of his first term — or that he would close Guantanamo Bay? Did he really obtain congressional approval for bombing Libya, as he once promised for such operations? Did anyone believe that the Obama administration would not hire former lobbyists or that it would end the revolving door, any more than we believed Obama’s assurances that those who made less than $250,000 would not have any of their taxes go up? What exactly is an Obama step-over line, red line, or deadline? Obama’s serial rhetorical emphatics — Let me be perfectly clear, Make no mistake about it, In point of fact, You can take that to the bank, I’m not kidding, I’m not making this up — are the usual verbal tics that warn the audience that a complete untruth is to follow.

SCAPEGOATING
Then there is another sort of untruth summed up best as blame-gaming — “They did it, not me!” The president confessed to having no strategy to deal with the Islamic State. But that was the fault of the Pentagon for not yet formulating any. The Islamic State had crept up on us — and that was the fault of the intelligence services. The world is in chaos? The new social networking — the much-bragged-about hip keystone of Obama’s two election campaigns — is to blame for making the gullible believe the world is falling apart. The president had to remove every last soldier from Iraq — but he didn’t really do that; it was either Bush or Maliki. The president ignored his own red lines in Syria? But they weren’t his own: The U.N., not he, made them. The president dubbed the Islamic State the jayvees? No, he actually meant an array of groups.

Such blame-gaming is simply the current foreign-policy manifestation of a long-established Obama-administration trait of blaming dismal news on something other than its own policies: ATMs were responsible for high joblessness; the stimulus failed, but House obstructionism was to blame. The Republican House also blocked immigration reform — which Obama easily could have passed when the Democrats controlled the Congress in 2009–10. Tsunamis and earthquakes, including a mild tremor in D.C. itself, rattled the economy and contributed to the discouraging economic statistics. Bad GDP news? The American people had gotten a bit “soft” and lost “their competitive edge.”

REDACTED
Sometimes there are lies by omission. The administration is simply incapable of uttering the phrases “radical Islam” or “Islamic terrorism,” and that fact requires all sorts of lying by omission about who exactly is killing Americans and why. So we are serially told that the Muslim Brotherhood is largely secular, that workplace violence caused Fort Hood, that jihad is largely a personal journey, that the idea of terrorists creating a caliphate is absurd, and all the other euphemisms necessary to hide the apparently unpleasant truth of killing by radical Islamists.

As far as the VA, AP, IRS, NSA, and other scandals go, do not count on any confession, investigation, lawsuit, or special prosecutor to reveal the truth in the next two years. The Obama administration will lose documents, redact critical information, find e-mails only years later, and lie about evidence until most of its members are safely out of office and working for Citigroup, one of the major TV networks, or Goldman Sachs.

Obama’s prevaricating has lost him any thought of a legacy, all the more so because for years as a candidate and as president he pontificated about his new transparency and the need for executive candor — itself an untruth at best, and at worst a cynical ploy to provide cover for a deliberate effort to enact policies that could not be honestly presented to the American people.

The two fuels that run Untruth, Inc., are, first, a realization that most of the president’s policies, whether deliberately or as a result of indifference and laziness, run counter to what most Americans support, and, second, a media establishment so invested in his agenda that it will not call the administration to account. So the engine of lying keeps humming. On any given day the president of the United States can step up to the teleprompter amid the latest disaster and swear that he did not do what he just did, or insist that someone else, not he, did the dastardly deed, or simply skip over recent history and make things up. The press at first quibbles, then nods in agreement, and Obama is empowered to do it again and again. We have not seen such a disingenuous president since Richard Nixon — but he, at least, was countered rather than enabled by the media.

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Fundamentally Transformative

From Myron Magnet:

Anyone who believes the talk about how Barack Obama is already a lame-duck president, detached and irrelevant, is deluding himself. President Obama has accomplished more or less what he set out to accomplish. He has made himself the most consequential and transformative president since Lyndon Johnson. His foreign policy has been more systematically destructive of the world order and American power than LBJ’s Vietnam War. His wrong-headed domestic policy has proved more catastrophic and intentionally hard to correct than Johnson’s madcap War on Poverty, whose consequences still bedevil our society.

On the domestic front, Obama has overturned American health care, one-sixth of the nation’s economy and an industry that affects everyone. True, Obamacare is a mess, but it has destroyed the existing health-insurance system, and it will take the next administration, along with the health and insurance industries, a long time both to figure out what a crazy tangle Obamacare has created and then to untangle the confusion, some of it intentional, some inadvertent. Do we want employer-funded health insurance? Mutual insurance companies? An individual tax deduction for health-insurance premiums? Catastrophic care coverage? National rather than state-regulated insurance companies? What do we do about those with pre-existing conditions? What do we do with those supposedly “covered” by Obamacare? Obama has preempted the option of a slow, Burkean evolution to a better and more rational arrangement from the employer-paid system that grew half-accidentally out of World War II price controls. Now we have anarchy, and it will require leadership and vision beyond what America usually can call upon to hose out Obama’s Augean stables and create order.

Meanwhile, the president has overturned the Constitution to keep his command-and-control health-insurance scheme alive. The law that Congress wrote (but didn’t read, under the shameless leadership of Harry Reid and Nancy Pelosi) turned out to be, as was inevitable, filled with holes and errors. No matter: a presidential edict a day keeps collapse away. But the Constitution doesn’t allow for government by executive edict. That’s for monarchy or dictatorship. Nevertheless, after such an example, it will take us some time to reestablish the principle that the president’s duty is to see that the laws are faithfully executed, and that his power doesn’t go beyond that—doesn’t extend, for example, to abolishing our national border.

Now that the days of Henry Clay, John Calhoun, and Daniel Webster—not to mention Sam Ervin—are almost mythical memories, we live in the less lofty era of Elizabeth Warren and Charlie Rangel, and under the shadow of the 1974 Budget Act, by which the House of Representatives threw away its power of the purse, weakening the Madisonian machinery of checks and balances. As a result, we have a presidency more imperial than Richard Nixon would have dared imagine, and it will take time to restore something resembling our constitutional order. History will remember Reid and Pelosi as being nearly as important as Clay or Calhoun—but with a completely different valuation, diminishing the power and prestige of their institutions by abusing them, like Joe McCarthy or Martin Dies. And if the administrative state conceived in the Progressive Era, and brought to fruition by the New Deal, intentionally overturned the Founding Fathers’ constitutional order, Obamacare’s Independent Payment Advisory Board—free of oversight by the people’s elected representatives—or the Dodd-Frank Act’s similarly anti-democratic Consumer Financial Protection Bureau have taken that fourth branch of government (utterly unsanctioned by the Constitution, as Franklin Roosevelt said, even as he was expanding it) to anti-constitutional extremes that make a mockery of “government of the people, by the people, and for the people” and would have the Founding Fathers spinning in their graves.

Abroad, we see the ruin that an incoherent American foreign policy and wanton abdication of power has permitted. If President Obama thought President George W. Bush’s freedom agenda naïve—and, to be sure, how can tribal peoples with tribal loyalties and medieval customs develop overnight the rule of law, sanctity of contract, disinterested administration, and rational discourse that it took Western civilization centuries to nurture—why would he and his remarkably maladroit secretaries of state expect the Arab Spring to produce exactly that impossible outcome? Why would the president stick so long by the sectarian bigot Nuri al-Maliki, who can only bring about chaos, division, and bloodshed? Why would Obama not arm the Kurds and let them form their own semi-autonomous region, oil-rich and grateful for U.S. support—if only they had it? Why would he tell Israel to stop interdicting terrorist missiles from Gaza, until our democratic ally, Benjamin Netanyahu, finally told him to shut up, while meanwhile anarchy rages across the blood-drenched region, as the Syrian despot Bashar al-Assad fights off the seventh-century fanatics of the Islamic State in Iraq and Syria, one tyranny against another, with collateral damage measured in tens of thousands of bodies—and not one word from the Leader of the Free World? And one would have said of Russian czar Vladimir Putin what Max Eastman once wrote of Ernest Hemingway—“Come out from behind that false hair on your chest, Ernest. We all know you”—except that this administration’s “reset” of U.S. relations with Russia, meaning meek acquiescence in all that Russia does, has turned a paper tiger into a real one, with almost 20,000 soldiers on the Ukrainian border, armed with the most modern engines of murder, as they have already shown with a feral smirk.

It is proverbially easy to destroy something but hard to build it up. Faced with such wreckage of policies and systems laboriously constructed by Americans over decades and centuries, who knows where to start the work of repair, and how to do it? And that’s the final, intentional destruction Barack Obama has wrought: he has the Republican opposition, already creaking with ideological strains, in internal turmoil about almost everything, since everything is so out of joint.

“Show our critics a great man,” wrote historian and biographer Thomas Carlyle, “they begin to what they call ‘account’ for him. . . . He was the ‘creature of the Time,’ they say; the Time called him forth, the Time did everything, he nothing. . . . The Time call forth? Alas, we have known Times call loudly enough for their great man; but not find him when they called! . . . [T]he Time, calling its loudest, had to go down to confusion and wreck because he would not come when called.” The present time is calling loudly, too, and we must hope that leaders of vision, courage, eloquence, patriotism, and prudence will step forward to start us on the work of repair.

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