American Elephants


Exit Stage Left: Whiny, Self-Justifying, With Elaborate Excuses by The Elephant's Child

obama-olderIn Juno of 2008, a younger Barack Obama spoke eloquently about his future role as a transformative president.

I am absolutely certain that generations from now, we will be able to look back and tell our children that this was the moment when we began to provide care for the sick and good jobs to the jobless; this was the moment when the rise of the oceans began to slow and our planet began to heal; this was the moment when we ended a war and secured our nation and restored our image as the last, best hope on Earth.

The caring for the sick part didn’t work out so well, The Obama bureaucrats could not conceive of a plan where the decisions were left to physicians, and wrapped the medical establishment in a cocoon of regulations; for example, an encounter with a patient was supposed to last just 7½ minutes. Keep an eye on your watch and think that one through.

Young Emily Smith has an unexplained itchy rash, prescription written easily within the time limit. Mrs. Grundy, however, has been having chest pains and is running a fever, is about 40 pounds overweight, and may well have heart disease. 7½ minutes? The failures of ObamaCare, Medicaid, Medicare, the Indian Health Service and VA hospitals have a lot in common. The administrative state, over-regulation, silly rules, and the inability to hold bureaucrats to account adds up. There’s a reason why so many doctors will not accept patients with these versions of government insurance.

The good jobs that were promised have also gone a glimmering. Obama has proudly enumerated all the new jobs created each month, but it turns out that almost all the new jobs created during the Obama administration were part time or temporary jobs. The administration’s conviction that they are smarter than the ordinary people out there has meant an overweening impulse to control and regulate. In 2016, the lame duck administration has added 3,853 regulations, 18 for every law — a record 97,110 pages of red tape. Small business is drowning in them. Three of my favorite small businesses have given up the ghost, and I’ll bet that several of your favorites have too.  All too often, bureaucrats invent new regulations with no idea of how they affect business in the real world. This description of “the Administrative State.” shows clearly how it all happens.

The [Federal Trade] Commission promulgates substantive rules of conduct. The Commission then considers whether to authorize investigations into whether the Commission’s rules have been violated. If the Commission authorizes an investigation, the investigation is conducted by the Commission, which reports its findings to the Commission. If the Commission thinks that the Commission’s findings warrant an enforcement action, the Commission issues a complaint. The Commission’s complaint that a Commission rule has been violated is then prosecuted by the Commission and adjudicated by the Commission. This Commission adjudication can either take place before the full Commission or before a semi-autonomous Commission administrative law judge. If the Commission chooses to adjudicate before an administrative law judge rather than before the Commission and the decision is adverse to the Commission, the Commission can appeal to the Commission. If the Commission ultimately finds a violation, then, and only then, the affected private party can appeal to an Article III court. But the agency decision, even before the bona fide Article III tribunal, possesses a very strong presumption of correctness on matters both of fact and of law. (this comes from Steven Hayward, quoting Boston University Law Professor Gary Lawson in an article for the Harvard Law Review)

The Obama Administration has put forth 25 “midnight regulations” rules that are published between Election Day and before the next president in inaugurated on January 20. According to the American Action For4um, they will cost the economy $44.1 billion. Obama’s eight years in office did not include even one year of economic growth at the normal 3% historical average.

Obama has ordered the EPA to proceed with its controversial Stream Protection Rule—which would make mining so difficult it would make 85 percent of the nation’s coal reserves unrecoverable. On Tuesday he designated most federally owned land in the Arctic Ocean and large swaths off the Atlantic Coast closed to drilling, which would prevent any production of huge reserves of oil and gas.

George W.Bush went to great lengths to make the transition easy for the incoming Obama administration, recognized that his time in the spotlight was over, and refused to comment on his successors failures and mistakes. And even in spite of being blamed for everything that didn’t work out, Mr. Bush remained a gentleman. Mr. Obama learned nothing from his predecessor, and will exit—whiny, self-justifying and full of excuses. In his “exit interview” on CNN with his former advisor David Axlerod, Obama pledged he would abide by tradition and retire with dignity as ex-president. We’ll see about that.




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