John Locke, the most important political theorist of the American Founding era, described laws as a community's "standing rules, indifferent, and the same to all parties." None of these elements are to be found in the Affordable Care Act. As Charles Kesler noted in the Claremont Review of Books, such laws "start not from equal rights but from equal (and often unequal) privileges, the favors or benefits that government may bestow on or withhold from its clients. The whole point is to empower government officials, usually unelected and unaccountable bureaucrats, to bless or curse your petitions as they see fit, guided, of course, by their expertness in a law so vast, so intricate, and so capricious that it could justify a hundred different outcomes in the same case. When law ceases to be a common standard of right and wrong and a common measure to decide all controversies, then the rule of law ceases to be republican and becomes despotic. Freedom itself ceases to be a right and becomes a gift, or the fruit of a corrupt bargain, because in such degraded regimes are those who are close to and connected with the ruling class have special privileges.
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