"The legislative cannot transfer the power of making laws to any other hands... The power of the legislative, being derived from the people... [is] only to make laws, and not to make legislators." — John Locke, “Second Treatise of Government”Here, however, is a paradox of sovereignty: The sovereign people, possessing the right to be governed as they choose, might find the exercise of that right tiresome and so might choose to be governed in perpetuity by a despot they cannot subsequently remove. Congress did something like that in passing the Patient Protection and Affordable Care Act, a.k.a. Obamacare. The point...
