© Miri WTPOTUS 2011
Yet another member of this administration believes it is in his power to simply flout the LAW:
Secretary of Education Arne Duncan has announced that he will unilaterally override the centerpiece requirement of the No Child Left Behind school accountability law, that 100 percent of students be proficient in math and reading by 2014.
Mr. Duncan told reporters that he was acting because Congress had failed to rewrite the Bush-era law, which he called a “slow-motion train wreck.” He is waiving the law’s proficiency requirements for states that have adopted their own testing and accountability programs and are making other strides toward better schools, he said.
So here we have a Secretary of Education in the Obama administration who chooses to simply IGNORE the law (No Child Left Behind). He claims to have found authorization within the penumbra of the law, which gives him some power to grant waivers; yet surely Congress did not expect an across-the-board waiver. Do Americans expect their children to be proficient in math and reading? One would think so. But the teacher’s unions have never liked No Child Left Behind, because the law dares to expect them to be proficient, too. And to prove it.
Notice that Mr. Duncan seems to believe that if Congress does not rewrite laws that Mr. Duncan believes should be rewritten, then he can just ignore (or waive) them. Rule by fiat?
Of what use are our Congress and our laws with this administration? The hubris! The audacity! The mendacity!
We also have an Attorney General who chooses to IGNORE the law (civil rights and voting rights for WHITES; hate crime laws when victims are WHITE; honoring Congressional subpoenas, thus showing respect for our representatives and a co-equal branch of government).
We also have a head of Homeland Security who chooses to IGNORE the law (border enforcement; illegal immigration interdiction).
We have the heads of ATF, DEA, and FBI apparently choosing to IGNORE the law (gun running).
We have a Secretary of the Treasury who chooses to IGNORE the law about paying his own income taxes.
We have a president who IGNORES the highest LAW–the Constitution (eligibility for the presidency).
I know you don’t need a link to explain that one!
Have I missed anything or anyone? Small wonder that polls show that only 17% of Americans believe that THIS government has the consent of the people.
Small wonder that some interpret this to mean that We the People are “pre-revolutionary.”
What is a government without the consent of the people?
A totalitarian dictatorship.
UPDATE 8/11/2011: For a classic example of progressive derangement syndrome, which further illustrates the mindset of progressives when it comes to the law and the Constitution, submitted for your consideration, this from today’s St. Louis Post-Dispatch editorial page:
Federal power grab in education will actually benefit states: In clutching at federal authority that Congress likely never intended for him to possess, U.S. Education Secretary Arne Duncan actually is doing a favor for Republicans who would like to see the powers of the federal Department of Education diminished. A contradiction? Not quite. Mr. Duncan announced this week that he intends to override the key component of the failed No Child Left Behind law by granting waivers to any state that requests exemption from meeting the 2014 proficiency requirements. … So with the support of governors of both parties across the country, Mr. Duncan has decided to give states the ability to develop their own accountability standards. He will grant each of them a waiver from meeting the expectations of No Child Left Behind. This is a positive development that will push states to develop more meaningful standards that allow parents to see how their school compares to others. It also will give administrators guidance on what needs to be done to improve.… [We] applaud Mr. Duncan’s somewhat unusual federal power grab. In the end, it is likely to accelerate state-level advancement of workable standards to measure long-term performance in public schools.
Consider the implications. Mr. Duncan is applauded for grabbing power that he and the Post-Dispatch editorialists KNOW is not his to grab. Yes, this is an “unusual power grab” because heretofore, people in past administrations did not believe they’re ABOVE the law. They did not have the gall to second guess Congress and simply ignore laws they don’t like because they can’t persuade Congress to rewrite them to their satisfaction. To rewrite them so that the standards are “workable” to the satisfaction of progressives like Duncan, the teacher’s unions, and the St. Louis Post-Dispatch. “In the end,” it will be better, in their elitist opinion. And the ends always justify the means, for progressives.
The writers rationalize this illegal power grab because some governors (of both parties, they allege) support Duncan. So Mr. Duncan, with support from some governors, believes that he can unilaterally override a law passed by the representatives of the PEOPLE, in the US CONGRESS, which is the entity that MAKES federal law under our Constitution. (Yet, at the same time, they don’t believe that governors of states have the authority to enforce immigration law when the federal government will not. In that instance, the Post-Dispatch editorialists and this administration would argue that FEDERAL non-enforcement of federal law overrides a state’s authority to enforce the law.)
Mr. Duncan is supposed to uphold the law, not do an end run around the law, even if the Post-Dispatch believes he’s doing Republicans a favor and no matter if, in their opinion, it helps states.
This is lawlessness. This is a perfect example of progressives, believing that they know better than the people’s representatives, simply IGNORING LAWS with which they disagree, and then being applauded for it because, in their view, it’s the right thing to do.
Will they feel the same if a conservative POTUS, or a cabinet member of a conservative administration, engages in similar ILLEGAL power grabs?
UPDATE 8/12/2011: h/t Gateway Pundit, who reminded me of yet another flouting of the LAW:
In 2009 Congress voted to defund ACORN and its affiliates. But that didn’t stop the Obama Administration from giving $560,000 to ACORN affiliates this year.