Sunday, July 04, 2010

Another virtue of Obamacare-massive job stimulus for lobbyists

There is benefit to make a law ambiguous-at least to the bureaucrats whose rule making will give that law operational meaning. There is benefit to a law which delegates to federal agencies the power to flesh out what a exhaustingly long and dense morass of legalese really means-at least to the lobbyists who represent the special interests who will benefit from the"proper interpretation" and implementation of the statute.

Such it is with PPACA aka Obamacare. Hat Tip to the The blog "Thinkmarkets .

" these reams of regulation are an epitome of vagueness...In the murk and the wide-open discretion given to bureaucrats lie gems for lobbyists. The White House and Congressional Democrats-even as they chided business lobbies-maximized the bill's scope and vagueness, laying the groundwork for massive growth in the crony system that intermingles government with private interests".

"Void for vagueness" is a legal concept that seems to particularly apply to criminal law and perhaps only to criminal law. In non criminal law vagueness seems to have become a virtue so that both sides in regard to particular legislation might think they have passed what they wanted and after passage the real meaning of the law is authored by various regulatory agencies and then the regulations themselves are often couched in another layer of vagueness allowing much interpretive leeway to those agencies.



1 comment:

Andrew_M_Garland said...

The "Do the Right Thing" Bill (excerpt)
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Future news:

"Do The Right Thing" will give us open, consistent, dynamic government. It grants President Michele Obama (now in her 3rd successful term in office) all principles and powers to consider all matters and then "Do the right thing". The Congress retains the important function of advising on the President's actions should she desire this.

The Congress is now free to do what it does best, arrange for hospital admissions, allocate liquor licenses, and grant carbohydrate waivers to restaurants.
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