Even worse, nothing in federal law grants Obama the power to issue these conditional waivers. He is unilaterally rewriting federal education policy through selective enforcement. The American Enterprise Institute’s Frederick Hess tells the Christian Science Monitor: “NCLB, for all its flaws, was crafted by the US Congress … [but] these waivers impose a a raft of new federal requirements that were never endorsed by the legislative branch. Once this administration opens this door, it’s hard to imagine future administrations not building on this precedent.”
Considering how epically unpopular Obamacare is, this whole sale abuse of a waiver process to fundamentally rewrite federal policy may not be the precedent Obama wants to set.