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Blog posts : "balance of powers"

THE STATE OF THE CONSTITUTION

January 30, 2012

           President Obama made his 2012 State of the Union address and as expected, it was primarily a campaign speech to reinforce his changes for re-election in November.  He is not the first President to have done this, and will probably not be the last. However, this speech was different because what Americans need to look at now, and consider when voting in November, is not just the State of the Union, but the State of the Constitution. The fact is that if we discard our Constitution there will be no union. The United States of America will cease to exist.

            Unfortunately, the Obama administration, with the help of the leftist elite in the U.S. Senate, the House of Representatives, and even some Federal judges are systematically destroying our Constitution, our freedoms, and our country. It is not an accident; it is being done with malice and design. Here are the facts about what has occurred in the three years that Obama has been in office.

            Article 1, Section 8 of the Constitution has been violated by Congress passing the Obama health care bill. Congress has no authority under that section or any other section of the Constitution to enact legislation requiring the American people to purchase health care insurance, or to provide free health care to illegal aliens. Yet, this among other things is what has been done. I am confident that the U.S. Supreme Court will rule that it is unconstitutional; yet, President Obama has repeatedly shown his disdain for the rulings of the Judicial Branch of government.

            Article 1, Section 1 of the Constitution also gives Congress the sole legislative powers in the federal government. Article 2 of the Constitution that establishes the Presidency and the Executive Branch of government gives no such legislative powers to the President. In other words, only Congress can make laws and the President and his cabinet appointees can only enforce laws made by Congress; the President has no authority to make laws. Yet, that is exactly what Obama is doing.

            By misusing the power to issue Executive orders to enforce laws or take emergency action if Congress is not in session the President is bypassing Congress and the Constitution to implement his personal agenda on immigration, cap and trade, gun control, and in many other areas. He actually brags about this in his taxpayer funded campaign speeches, and during the State of the Union Address he stated that he plans to continue the practice if Congress doesn’t do exactly what he demands.

            In addition, ever since he took office Obama has continuously violated Article 2, Section 2 of the Constitution by making appoints to major positions in the Executive Branch of government without the required Senate approval. I’m referring of course to the over 40 Czars that the President has appointed. These appointments are in numerous areas from overseeing the takeover of the automobile industry to regulating free speech on the internet. These Czars are not under the control of the Congress, and are given massive budgets at taxpayer expense. By the way, the very use of the term Czar violates Article 1, Section 9 of the Constitution that specifically forbids the U.S. government from bestowing titles of nobility on anyone.

            Article 2, Section 2 of the Constitution does give the President the right to make short term appointments when the Senate is in recess. The important point here is that the Constitution only empowers the Senate to declare when it is in recess. Obama recently showed his disdain for that part of our governing document by making several high level appointments when the Senate had not formally declared a recess. Obama claimed he has the right to decide when the Senate is in recess. The purpose of these appointments was to put people in positions of power that the Senate would not have approved. The reasons are already becoming clear because the new appointees to the National Labor Relations Board are preparing to order companies that are not unionized to turn over the private phone numbers and email addresses of their employees to labor union organizers. This is a clear violation of the right of privacy of these individuals.

            Article 2, Section 2 also authorizes the President of the United States to sign treaties with other countries; however, the Senate must ratify the treaties by a two thirds vote of those Senators present and voting. Now Obama has decided that this Constitutional requirement should not keep him from doing what he wants. Since the SOPA and PIPA bills were withdrawn in Congress Obama is looking for a new way to take control of the Internet and limit freedom of speech.

            According to the U.S. Justice Foundation Obama is going to sign and enforce an international treaty “which will give governments and special interest groups the power to shut down websites, and terminate your access to the internet, without the due process of law.” It is called the ACTA Treaty and Obama does not intend to send it to the Senate for ratification, but instead will do it as a “sole Executive Agreement.”

            There is nothing in the Constitution that allows such agreements although Federal courts have allowed Presidents to enter into some international agreements that are minor in nature. The ACTA agreement is not minor, but would allow websites to be shut down, such as my blog site, at the whim of the President. I also suspect that Obama is planning to use the same approach to enter into and enforce the United Nations “Small Arms Treaty” that would virtually eliminate the 2nd Amendment to the Constitution that protects the rights of Americans to keep and bear arms.

            The state of the constitution is not good; in fact it is gravely ill. This article has just scratched the surface and in my next post I will talk more about Obama’s all out assault on the Bill of Rights. A good friend of mine recently said that this upcoming election is not about personalities or even the economy. It is instead a referendum on the Constitution and whether it and our American way of life are to survive. I concur with that statement.

AMERICA’S EMERGING DICTATORSHIP

January 11, 2012

          When our founding fathers declared our independence from Great Britain in 1776 the colonists were already in the middle of a bloody and costly war to secure their freedom.

Once the war was successfully concluded it was necessary to create a new nation with a form of government that would not allow a single individual or group to establish another totalitarian regime and steal the freedom of Americans.

            It took years and one failed effort with the Articles of Confederation before the founders settled on the Constitution of the United States that established a unique type of government with three separate, but equal branches of branches. These are the executive branch that includes an elected President and his cabinet appointees, the legislative branch that consists of a Congress made up of two houses, the Senate and House of Representatives, and the judicial branch that consists of the Supreme Court and any lower federal courts that Congress might authorize.

            A system of checks and balances was put into place to ensure that none of the three branches would be able to dominate the others and establish a dictatorship. In addition, the basic distrust of a powerful centralized government caused the framers of the Constitution to adopt the Bill of Rights that protected the rights of both individual Americans and the various states that formed the United States of America. The system has worked so well that our country became the most prosperous and powerful nation in the world.

            Yet, now, almost 250 years later, elements in all three branches of government are conspiring to shred the Constitution and rob us of our God given rights. We have a rapidly emerging dictatorship and prime examples of it can be found in what is occurring in the first days of this New Year. As part of the balance of powers prescribed in the Constitution, the U.S. Senate must approve Presidential appointments to major positions in the Executive Branch of Government. The only exception is that during the times that the Senate is in recess the President can make appointments without the approval of the Senate, but they are temporary in nature.

            However, on January 4, 2012, President Obama appointed three members to the National Labor Relations Board and a new “Czar” to head the Consumer Protection Agency without Senate approval despite the fact that the Senate was not in recess. This has created a Constitutional crisis of epic proportions.  

            I refer to this as a Constitutional crisis because this is not the first such action Obama has taken that has clearly violated not only the provisions of the Constitution, but also his oath of office, and he obviously plans to continue ignoring both the legislative and judicial branches of government. In fact, he actually brags about what he is doing while campaigning for reelection at the expense of American taxpayers.

            There is now no doubt that the current President of the United States considers himself a de facto dictator who is so much smarter than the rest of us that he can ignore the Constitution, the supreme law of our nation, and do whatever he wants. History has taught that in order to establish an effective dictatorship there must be three decisive actions taken.

            First, if the military in the country is patriotic and pro freedom, it must be marginalized to minimize its ability to resist the imposition of tyranny. Right after the New Year, Obama announced drastic cuts in the size and strength of our military forces across the board. He is claiming to have the authority to do this under the bill passed by  Congress that created the so-called super committee that was to enact wide ranging spending cuts.

             If it failed to do so there would be massive reductions of the defense budget. In previous articles I pointed out that the very creation of this super committee was unconstitutional and that its failure to act would cause the “doomsday scenario” to unfold for our military. Unfortunately, not only are my predictions coming true, but Obama is not even waiting for the automatic cuts to begin in 2013, he is unilaterally moving to destroy the military now.  

             Secondly, the citizens of any country to be subjugated must be disarmed in order to diminish their ability to resist the imposition of a dictatorship. It is now clear, by virtue of the ongoing investigation in Congress of “Operation Fast and Furious” that over 2500 semi automatic weapons were sold to Mexican drug dealers on orders from the U.S. government not for the purpose of entrapping the drug dealers, but so Obama could impose gun control laws on U.S. citizens. He has now done so by Executive Order, bypassing Congress that had refused to take the same action.

             In addition, Obama and Secretary of State Hilary Clinton have pledged to sign the United Nations Small Arms Treaty that specifically targets private gun ownership in the United States. This treaty would essentially abolish the second amendment to the U.S. Constitution and make private ownership of firearms illegal despite the fact that the U.S. Supreme Court has twice ruled that the right to keep and bear arms is a valid and individual right under the provisions of the Constitution.  

              Of course, the Constitution requires that any treaty that is signed by a President must be approved by two thirds of the Senate to be valid. The U.S. Supreme Court has also ruled that no treaty can supersede the provisions of the Constitution, particularly those that deal with individual rights.  All of this would seem to render the treaty moot since two thirds of the current Senate will not ratify it, and it clearly violates the provisions of the second amendment.

             So why is Obama pushing for it? Simply put, he believes he can ignore the Senate and the court, sign the treaty, and then allow the United Nations to begin enforcing it. If you believe that he won’t try that, just look at what he has done in other areas.

             The third goal of an effective dictatorship involves limiting the rights of the citizens to have free speech and a free press. People who can’t communicate and learn the truth are easier to control. Most of the main stream media in this country have already relinquished their freedom of the press and are doing whatever Obama tells them to do. Those that oppose him are under constant assault and Obama’s minions on the Federal Communications Commission are looking for ways to shut down conservative talk radio and control internet content. This is despite the fact that the Supreme Court has said that the FCC has no authority to regulate the Internet. Once again, Obama has issued orders that the Supreme Court and the Constitution be ignored.

              Even more frightening is the fact that legislation pending in both houses of Congress will effectively give Obama an Internet kill switch. It is being pushed in the Senate by the usual leftists like Reid and Schumer, but in the House of Representatives it is some Republicans that are pushing it.  My next blog article will contain more information about these and other bills pending in Congress.

             The bottom line is, we are headed for a country that is no longer a Republic, but a nation controlled entirely by a small group of elitists, and unless the American people wake up soon it will be too late to stop it.

THE ULTIMATE OFFENSE

August 21, 2011

            On April 4th of this year I posted an article on this blog called Impeachable Offenses. In that article I listed 12 things that President Obama had done that I felt were violations of his oath of office. Like many Americans, I have been appalled by the apparent disregard and even disdain…

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THE COMING CONSTITUTIONAL CRISIS

December 6, 2010

            Months ago I pointed out that Obama was abusing the power of the President to issue Executive Orders. I also predicted that if the outcome of the election in November went against the Democrats the use of the executive orders would probably increase, potentially causing a major Constitut…

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