James Madison argued in Federalist 51 that our Constitution provides a “double security” to “the rights of the people.” One half of that security is the separation of powers among the three branches of government. The other half is federalism, the separation of powers between the federal government and the states. Madison argued that both of these checks on the concentration of power were essential to securing our rights.
Obama-care lays waste to half of this “double security” by funneling almost unimaginable levels of power and money to Washington. What’s more, in its startling delegation of de facto lawmaking power to the secretary of Health and Human Services (HHS) and other unelected figures in the executive branch, it also severely undermines the separation of powers among the branches. For example, Obama-care is making it illegal for anyone in America (with the narrow exception of houses of worship) to freely sell or buy an insurance plan that fails to offer free birth control and sterilization. But this ban is nowhere to be found in the 2,700 pages of the law itself. Rather, it came as a decree from HHS Secretary Kathleen Sebelius, exercising her newfound power. If Obama-care isn’t repealed, examples of such rule by fiat will proliferate.