According to James Madison, when lawmakers exempt themselves from the legislation they pass, “The people will be prepared to tolerate anything but liberty.” Over 1,200 organizations and companies have already secured ObamaCare waivers. However, currently making big headlines is a deal worked out by the President and Congress that exempts congressional members and staff from the full effect of the law. In actuality, lawmakers had to go back and secure the hefty subsidies for Congress and staff as that was set to end when the health insurance exchanges are implemented on January 1, 2014. The Wall Street Journal does a good job of covering the details of the exemption and stressing the point once again that Washington lawmakers voted on and passed a bill they didn’t bother to examine. The lack of oversight and vetting of the bill has led to the subverting of the legislative branch, as the executive branch has been rewriting portions of the law to make it even more favorable to Washington.
Arguing in favor of ratifying the U.S. Constitution in Federalist #57, James Madison made this argument:
I will add, as a fifth circumstance in the situation of the House of Representatives, restraining them from oppressive measures, that they can make no law which will not have its full operation on themselves and their friends, as well as on the great mass of the society. This has always been deemed one of the strongest bonds by which human policy can connect the rulers and the people together. It creates between them that communion of interests and sympathy of sentiments, of which few governments have furnished examples; but without which every government degenerates into tyranny. If it be asked, what is to restrain the House of Representatives from making legal discriminations in favor of themselves and a particular class of the society? I answer: the genius of the whole system; the nature of just and constitutional laws; and above all, the vigilant and manly spirit which actuates the people of America — a spirit which nourishes freedom, and in return is nourished by it.
If this spirit shall ever be so far debased as to tolerate a law not obligatory on the legislature, as well as on the people, the people will be prepared to tolerate any thing but liberty.
Those are weighty words by Madison, but now they point not to the optimism of a new country trying to secure a lasting liberty, but the kind of despotism that should be feared by the people.
