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December 2, 2014

Jonathan Tobin: Defending the Right to a Jewish State

Heather Hale: Compliment your kids without giving them big heads

Megan Shauri: 10 ways you are ruining your own happiness

Carolyn Bigda: 8 Best Dividend Stocks for 2015

Kiplinger's Personal Finance editors: 7 Things You Didn't Know About Paying Off Student Loans

Samantha Olson: The Crucial Mistake 55% Of Parents Are Making At Their Baby's Bedtime

Densie Well, Ph.D., R.D. Open your eyes to yellow vegetables

The Kosher Gourmet by Megan Gordon With its colorful cache of purples and oranges and reds, COLLARD GREEN SLAW is a marvelous mood booster --- not to mention just downright delish
April 18, 2014

Rabbi Yonason Goldson: Clarifying one of the greatest philosophical conundrums in theology

Caroline B. Glick: The disappearance of US will

Megan Wallgren: 10 things I've learned from my teenagers

Lizette Borreli: Green Tea Boosts Brain Power, May Help Treat Dementia

John Ericson: Trying hard to be 'positive' but never succeeding? Blame Your Brain

The Kosher Gourmet by Julie Rothman Almondy, flourless torta del re (Italian king's cake), has royal roots, is simple to make, . . . but devour it because it's simply delicious

April 14, 2014

Rabbi Dr Naftali Brawer: Passover frees us from the tyranny of time

Greg Crosby: Passing Over Religion

Eric Schulzke: First degree: How America really recovered from a murder epidemic

Georgia Lee: When love is not enough: Teaching your kids about the realities of adult relationships

Cameron Huddleston: Freebies for Your Lawn and Garden

Gordon Pape: How you can tell if your financial adviser is setting you up for potential ruin

Dana Dovey: Up to 500,000 people die each year from hepatitis C-related liver disease. New Treatment Has Over 90% Success Rate

Justin Caba: Eating Watermelon Can Help Control High Blood Pressure

The Kosher Gourmet by Joshua E. London and Lou Marmon Don't dare pass over these Pesach picks for Manischewitz!

April 11, 2014

Rabbi Hillel Goldberg: Silence is much more than golden

Caroline B. Glick: Forgetting freedom at Passover

Susan Swann: How to value a child for who he is, not just what he does

Cameron Huddleston: 7 Financial Tasks You Should Tackle Right Now

Sandra Block and Lisa Gerstner: How to Profit From Your Passion

Susan Scutti: A Simple Blood Test Might Soon Diagnose Cancer

Chris Weller: Have A Slow Metabolism? Let Science Speed It Up For You

The Kosher Gourmet by Diane Rossen Worthington Whitefish Terrine: A French take on gefilte fish

April 9, 2014

Jonathan Tobin: Why Did Kerry Lie About Israeli Blame?

Samuel G. Freedman: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Jessica Ivins: A resolution 70 years later for a father's unsettling legacy of ashes from Dachau

Kim Giles: Asking for help is not weakness

Kathy Kristof and Barbara Hoch Marcus: 7 Great Growth Israeli Stocks

Matthew Mientka: How Beans, Peas, And Chickpeas Cleanse Bad Cholesterol and Lowers Risk of Heart Disease

Sabrina Bachai: 5 At-Home Treatments For Headaches

The Kosher Gourmet by Daniel Neman Have yourself a matzo ball: The secrets bubby never told you and recipes she could have never imagined

April 8, 2014

Lori Nawyn: At Your Wit's End and Back: Finding Peace

Susan B. Garland and Rachel L. Sheedy: Strategies Married Couples Can Use to Boost Benefits

David Muhlbaum: Smart Tax Deductions Non-Itemizers Can Claim

Jill Weisenberger, M.S., R.D.N., C.D.E : Before You Lose Your Mental Edge

Dana Dovey: Coffee Drinkers Rejoice! Your Cup Of Joe Can Prevent Death From Liver Disease

Chris Weller: Electric 'Thinking Cap' Puts Your Brain Power Into High Gear

The Kosher Gourmet by Marlene Parrish A gift of hazelnuts keeps giving --- for a variety of nutty recipes: Entree, side, soup, dessert

April 4, 2014

Rabbi David Gutterman: The Word for Nothing Means Everything

Charles Krauthammer: Kerry's folly, Chapter 3

Amy Peterson: A life of love: How to build lasting relationships with your children

John Ericson: Older Women: Save Your Heart, Prevent Stroke Don't Drink Diet

John Ericson: Why 50 million Americans will still have spring allergies after taking meds

Cameron Huddleston: Best and Worst Buys of April 2014

Stacy Rapacon: Great Mutual Funds for Young Investors

Sarah Boesveld: Teacher keeps promise to mail thousands of former students letters written by their past selves

The Kosher Gourmet by Sharon Thompson Anyone can make a salad, you say. But can they make a great salad? (SECRETS, TESTED TECHNIQUES + 4 RECIPES, INCLUDING DRESSINGS)

April 2, 2014

Paul Greenberg: Death and joy in the spring

Dan Barry: Should South Carolina Jews be forced to maintain this chimney built by Germans serving the Nazis?

Mayra Bitsko: Save me! An alien took over my child's personality

Frank Clayton: Get happy: 20 scientifically proven happiness activities

Susan Scutti: It's Genetic! Obesity and the 'Carb Breakdown' Gene

Lecia Bushak: Why Hand Sanitizer May Actually Harm Your Health

Stacy Rapacon: Great Funds You Can Own for $500 or Less

Cameron Huddleston: 7 Ways to Save on Home Decor

The Kosher Gourmet by Steve Petusevsky Exploring ingredients as edible-stuffed containers (TWO RECIPES + TIPS & TECHINQUES)

Jewish World Review April 18, 2011 / 14 Nissan, 5771

President Scofflaw

By Jack Kelly




http://www.JewishWorldReview.com | When Thomas Jefferson wrote in the Declaration of Independence "all men are created equal," he knew this wasn't literally true. He knew we are tall and short, fat and thin, smart and stupid, industrious and lazy, rich and poor, male and female, black and white, brown, yellow and red.

What Mr. Jefferson meant is that we are entitled to equal justice under law. Equality before the law has been the cornerstone of our democracy. But maybe not for much longer.

The Department of Health and Human Services has so far granted hundreds of waivers to Obamacare. Most have gone to labor unions, companies and other organizations which support the administration.

The law Congress passed contains no language authorizing anyone in the executive branch to grant waivers. The Obama administration claims the authority is implied by the broad powers the legislation grants to the HHS secretary. The Founding Fathers beg to differ.

Prior to the "Glorious Revolution" of 1688 (in which James II was deposed in favor of William of Orange), English kings asserted the right to exempt favored subjects from the provisions of a particular law (dispensations), or to suspend the law entirely. Kings claimed this because of their "divine right" to rule as they pleased, Parliament be damned.

This was not a popular view with Parliament. James II was deposed in large part because of his many dispensations. The English Declaration of Rights, issued after the Glorious Revolution, said what we call waivers today are illegal unless they are authorized by statute.

Our Constitution permits Congress to delegate to the executive branch the power to suspend a law for everyone in some cases, but makes no provision for waivers for some but not for others similarly situated. Columbia law professor Philip Hamburger explained why in the National Review:

"The dispensing power was not a power to make laws, nor even a power to repeal laws, but rather a power to relieve individuals of their obligation under a law that remained in effect. It was thus a power not exercised through or under the law, but above it."

Government by waiver undermines liberty, wrote law professor Richard Epstein in National Affairs.

"The fate of our rights and liberties is left to the discretion of individuals; we are therefore governed by men, not laws. It was this exact circumstance our system of government was designed to avoid. As James Madison noted in Federalist No. 10, 'enlightened statesmen will not always be at the helm.' The problem of government by waiver shows just how far we have strayed from the intentions of those who created our system of government -- and how we risk betraying their hope that we might preserve it."

It isn't only on Obamacare waivers where the law is being selectively enforced.

Christopher Coates was chief of the Voting Section in the Civil Rights Division of the Department of Justice. He testified that the Obama Justice Department does not prosecute violations of the Voting Rights Act if the victims are white.

Federal agencies are required under the Freedom of Information Act to provide copies of documents to citizens who request them. A review of FOIA requests made during the Obama administration by Pajamas Media indicated that requests by liberals get filled promptly while requests by conservatives are delayed or ignored. The administration even has withheld from committees of Congress information they are entitled by law to have.

In February, a federal judge in Louisiana held the Interior Department in contempt for re-imposing a deep water oil drilling plan after the judge had struck down an earlier version of the moratorium.

"Such dismissive conduct, viewed in tandem with the reimposition of a second blanket and substantially identical moratorium, and in light of the national importance of this case, provides this court with clear and convincing evidence of the government's contempt of this court's preliminary injunction order," said Judge Martin Feldman.

Subsequently, the Interior Department claimed to have lifted the moratorium, but is still dragging its feet on issuing new licenses for drilling.

For going to war in Libya without first seeking approval from Congress, the Atlantic's Andrew Sullivan, a former admirer, has dubbed Mr. Obama "King Barack I."

The moniker fits. Barack Obama dispenses with the rule of law when it gets in the way of what he wants. For President Scofflaw, it's all about power.

Every weekday JewishWorldReview.com publishes what many in the media and Washington consider "must-reading". Sign up for the daily JWR update. It's free. Just click here.

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JWR contributor Jack Kelly, a former Marine and Green Beret, was a deputy assistant secretary of the Air Force in the Reagan administration.

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