This Progressive constitution has long been gestating within our ruling class’s habits. Increasingly since the 1930s, our lives have been run by administrative agencies that make, administer, and apply regulations as they see fit rather than by laws that Congress passes, that the President administers, and that only courts and juries may force onto individuals. The Supreme Court has shaved away to nothing the distinction between law and administrative decree. Today’s so-called laws are in fact grants of power to bureaucracies. Thus when Nancy Pelosi famously said of the Obamacare bill that it had to become law (and hence turned over to the administrative process) before anyone could know what was in it, she was telling the truth about a bipartisan reality by then of long standing.
Note above all the thunderous silence of the Republican leadership, as it facilitates this process and looks forward to filling the shoes that they have helped Obama to expand. If the American people are to be spared the constitution of 2014, it will not be with the help of Republican leaders.