ObamaCare does this by empowering an unelected 15-member panel to rule over medicine and tell doctors how to practice, with no legislative or judicial review.

WSJ: Review & Outlook: The Mediscare Boomerang

That respect for so-called "legislative intent" and the belief that judges should practice "judicial restraint" is cheered by many Republicans.

CNN: Alito's record shows conservative judge

The Freedom of Information Act is about to go through a process known in Whitehall jargon as 'post-legislative scrutiny' or, in other words, examining how it is working in practice.

BBC: Information law scrutiny means worries on both sides

It would appear that Senator Lugar is going to such lengths in defiance of traditional Senate practice and good governance principles for a simple reason: As a veteran of a number of scarring legislative battles over defective accords, he must recognize that this Law of the Sea treaty cannot stand the light of day.

CENTERFORSECURITYPOLICY: Deep-six this treaty