Welcome to the November Money, Investing and Insurance issue of NorthBay biz magazine. This issue presents an opportunity to provide some local insights into investing, insurance, wealth creation and management. So please enjoy all the stories, special features and columns this month in the area’s only locally owned business publication—NorthBay biz.
I’ll begin this month’s commentary by returning to a subject I’ve only touched upon in previous columns—elected officials selectively deciding which laws they choose to enforce. When elected officials are sworn in, they swear to abide by, uphold and enforce the existing laws within their jurisdiction, be it a city, county, state or the entire country. When elected officials do otherwise, they’re not only breaking their oath, but the public’s trust and, in some cases, the very laws they were elected to uphold.
Even if an elected individual disagrees with a law, he or she doesn’t have the power to ignore it or change it unilaterally. That’s what occurs in Banana Republics, not the United States of America. Yet increasingly, it’s happening here. Look at Gavin Newsom’s decision to allow gay marriages in San Francisco, even though there was a law expressly forbidding such unions. Gavin didn’t believe the law was fair—and maybe it wasn’t—but by what authority did he presume to make legal that which was expressly not legal? Did we all miss a memo declaring him King? It matters not at all what the issue is that our would-be Kings disagree with. What matters is the rule of law. Ignoring the legal will of the people of the entire state of California isn’t a choice any elected official has. Disagree—then change it through the legislature or the courts, whichever is appropriate, but not by executive fiat.
That’s just one example of official malfeasance driven by ideological hubris. Here’s another. When our current president was sworn into office, just as every president before him, Barack Obama took an oath to see that all the laws of the land were to be faithfully executed. However, once in office, he began to explicitly waive the enforcement of laws he didn’t agree with. His actions regarding the immigration laws provide a perfect example. Failing to get Congress to enact some/any version of immigration reform/amnesty, the president simply signed an executive order exempting various classes of illegal aliens from existing immigrations laws. How the hell do you do that? Where’s the authority to abrogate existing law? How do you bypass Congress? Again, did the country miss a memo? Where’s the hue and cry about this unlawful power grab? To date, the president has issued 139 executive orders, but despite a Constitutional requirement, his democratically controlled Senate hasn’t passed a budget for three years.
A further illustration of this abuse of power is the proliferation of appointed “czars” by this administration. Once again, the Constitution requires that, when a president nominates an individual to become a Cabinet member, the appointee must be confirmed by the Senate. Understandably, this lets Congress review the person’s accomplishments and character before he or she can begin to exercise the power that comes along with the appointment to the office. There now seems to be a way around this Constitutional requirement. Executive orders are being used to create positions of power that are comparable to Cabinet-level positions. However, these new “czars” don’t have to be confirmed by anyone. They’re appointed and, voila, that’s it. No public vetting need occur, but the process adds a layer of governance accountable to no one. And these appointed “czars” wield vast powers, impose regulations that impact the rhythm of business and greatly impact the way we live our lives.
Remember, what makes our country great is our form of government—“by the people and for the people.” Government only has the power that the people allow and authorize. This trend toward ruling by fiat is expanding and, if allowed to continue, will undeniably change our republic from a bastion of individual freedom to an autocracy controlled by the whims of oligarchs. We’re about a month away from our next presidential election—the most important one in our lifetime. Please let your voice be heard. Make sure to vote.
That’s it for now. Enjoy this month’s magazine.
