Blog posts : "constitution"
On January 24, 2014 I attended a meeting of the Constitutional Sheriffs and Peace Officers Association. The group is run by former Arizona Sheriff Richard Mack who led the charge to keep the Constitution and particularly the Tenth Amendment alive. He and a handful of other Constitutional Sheriffs su…
I have prepared these formal Articles of Impeachment as a Constitutional lawyer. They are in proper legal form and I believe all allegations are provable. They will be sent to Congress with annotations.
Resolution Impeaching Barack Hussein Obama, President of the United States, for high crimes and misdemeanors.
Resolved, That Barack Hussein Obama, President of the United States, is impeached for high crimes and misdemeanors and that the following articles of impeachment be exhibited to the United States Senate:
Articles of impeachment exhibited by the House of Representatives of the United States of America in the name of itself and of the people of the United States of America, against Barack Hussein Obama, President of the United States of America, in maintenance and support of its impeachment against him for high crimes and misdemeanors.
In his conduct while President of the United States, Barack Hussein Obama, in violation of his constitutional oath to faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has willfully corrupted and manipulated the executive branch to increase its power and destroy the balance of powers between the three branches of government that is established by the Constitution of the United States.
The means used to implement this course of conduct or scheme included one or more of the following acts:
(1) Shortly after being sworn in for his first term as President of the United States, Barack Hussein Obama began creating new departments and appointing Czars to oversee these departments. These Czars were never submitted to the United States Senate for approval as required by Article 2, Section 2 of the Constitution. In addition, these Czars and the Departments have budgets that are not subject to being controlled by Congress as provided for by Article 1, Section 8 of the Constitution. He also made recess appointments when the Senate was not in recess.
(2) Article 2, Section 3 of the Constitution mandates that the President of the United States “shall take Care that the Laws be faithfully executed…” Barack Hussein Obama, in violation of his oath of office has repeatedly ignored this Constitutional mandate by refusing to enforce laws against illegal immigration, defend in court the Defense of Marriage Act (DOMA), and refusing to enforce Federal voting laws.
(3) Article 1 of the Constitution establishes the legislative branch of the U.S. government and sets forth the powers of the Senate and House of Representatives to make laws. These powers are exclusive and the Constitution does not grant the President the power to either make laws or amend them on his own. Barack Hussein Obama has ignored these provisions and made or changed laws by either issuing unconstitutional executive orders or instructing governmental departments to take illegal and unconstitutional actions. Specific actions include, but are not necessarily limited to:
- A. Ordering the Environmental Protection Agency to implement portions of the Cap & Trade bill that failed to pass in the U.S. Senate.
- B. Ordering implementation of portions of the “Dream Act” that failed to pass in Congress.
- C. Orchestrating a government takeover of a major part of the automobile industry in 2009.
- D. Ordering a moratorium on new offshore oil and gas exploration and production without approval of Congress.
- E. Signing an Executive Order on March 16, 2012 giving himself and the Executive branch extraordinary powers to control and allocate resources such as food, water, energy and health care resources etc. in the interest of vaguely defined national defense issues. It would amount to a complete government takeover of the U.S. economy.
- F. Signing an Executive Order on July 6, 2012 giving himself and the Executive branch the power to control all methods of communications in the United States based on a Presidential declaration of a national emergency.
- G. Signing an Executive Order on January 6, 2013 that contained 23 actions designed to limit the individual right to keep and bear arms guaranteed by the Second Amendment to the Constitution.
- H. Amending portions of the Affordable Healthcare Act and other laws passed by Congress without Congressional approval as required by Article 1 of the Constitution.
(1) Article 2, Section 3 of the Constitution mandates that from time to time the President “shall give to Congress information on the State of the Union….” Implicit in this is an obligation for the President to be truthful with the Congress and the American people. Barack Hussein Obama has repeatedly violated his oath of office and the requirements of the Constitution by willfully withholding information on important issues or actively taken part in misleading the Congress and the American people. Specific actions include, but are not necessarily limited to:
- A. Using Executive privilege to block Congress from getting documents relating to the DOJ’s Operation Fast and Furious and the death of U.S. Border Patrol Brian Terry.
- B. Had members of his administration provide false information about the act of terrorism committed in Benghazi, Libya on September 11, 2012 and refusing to allow the State Department and other federal agencies to cooperate in the Congressional investigation.
- C. Falsely labeled the mass murder of American soldiers at Ft. Hood, Texas as “workplace violence” instead of the act of Islamic terrorism it was.
- D. Falsely labeling the IRS targeting of conservative and Christian groups as a “phony” scandal and refusing to order an active pursuit of the investigation into who was ultimately responsible.
- E. Refusing to order an independent investigation of the actions of Eric Holder and the DOJ in targeting the phone records of members of the news media.
- F. Telling the American people on a television show that the NSA was not prying into the emails and phone calls of Americans when the facts prove otherwise
(2) The oath of office of the President of the United States requires him to preserve, protect and defend the Constitution. This obviously includes what may be the most important part of the Constitution, the Bill of Rights. Barack Hussein Obama has repeatedly violated his oath of office by seeking to limit both the individual rights and the rights of the States guaranteed in the first ten amendments to the Constitution. Specific actions include, but are not necessarily limited to:
- A. Having the Department of Health and Human Services order religious institutions and businesses owned by religious families to provide their employees free contraception and other services that are contrary to their religious beliefs. This is being done under the auspices of the Affordable Health Care Act and violates the religious freedom clauses of the First Amendment.
- B. Having the military place restrictions on the religious freedom of Chaplains and other members of the military in order to favor gay rights advocates and atheists in violation of the First Amendment.
- C. Having the military place restrictions on the freedom of speech of members of the military and the civilian employees of the DOD in violation of their rights under the First Amendment.
- D. Using Executive orders and government agency actions to limit Second Amendment rights. This includes actions by the Veterans Administration to disarm American veterans without due process as required by the Fifth Amendment.
- E. Having the National Security Agency intercept and monitor the private communications of millions of Americans without a court order and in violation of the Fourth Amendment.
- F. Joining with foreign governments in lawsuits against sovereign U.S. states to prohibit them from enforcing immigration laws. This is in violation of the Tenth Amendment.
- G. Filing suits under the Voting Rights Act against sovereign U.S. states to prevent them from enforcing Voter ID laws despite rulings by the Supreme Court upholding these laws. This is another violation of the Tenth Amendment and the balance of powers.
(3) Under Article 2, Section 2 of the Constitution the President of the United States is the Commander in Chief of the United States military and as such is responsible for using them in a manner that best serves the national security of the United States and protects our soldiers from unnecessary risks and harm. Barack Hussein Obama has violated his oath of office in this regard. Specific actions include, but are not necessarily limited to:
- A. In the name of “political correctness,” he imposed unnecessary and dangerous rules of engagement on our troops in combat causing them to lose offensive and defensive capabilities and putting them in danger. Many American service personnel have been killed or wounded as a result of this policy.
- B. Releasing the identity of American military personnel and units engaged in dangerous and secret operations such as the killing of Osama bin Laden by Navy Seal team 6.
- C. Article 1, Section 8 of the Constitution gives Congress the exclusive power to declare war. Yet, without consulting Congress President Obama ordered the American military into action in Libya.
In all of this, Barack Hussein Obama has undermined the integrity of his office, has brought disrepute on the Presidency, has betrayed his trust as President and has acted in a manner subversive of the rule of law and justice, to the manifest injury of the people of the United States.
Wherefore, Barack Hussein Obama, by such conduct, warrants impeachment and trial, and removal from office and disqualification to hold and enjoy any office of honor, trust or profit under the United States.
Isn’t it ironic that we have a phony President of the United States complaining about the “phony scandals” he claims were created by those who dare to oppose him and his dictatorial regime? There is nothing phony about the death of Border Patrol officer Brian Terry as a result of the Fast and Furious scandal and there is certainly nothing phony about the massacre of Ambassador Chris Stevens, Sean Smith, Tyrone Woods, and Glen Doherty by Islamist terrorists in Benghazi.
There is also nothing phony about a powerful federal agency, the IRS, using its power to intimidate conservative and Christian political organizations and donors in order to help Obama get reelected. Nor was the fact that the Attorney General of the United States lied while under oath to a congressional committee investigating the efforts of the DOJ to intimidate members of the news media. Yet, Obama, members of his corrupt administration, and many of his protectors in the mainstream media continue with the narrative. They remind me of the police officers at a crime scene telling the public to move on, there is nothing to see here.
The reality is there is much more to see than initially meets the eye. When I refer to Obama as a phony President I am not just talking about the many unanswered questions about this man’s background. We know less about him than any other President in recent history, and he appears to lie about things even when he is aware that most people know he is lying. However, he is a phony President primarily because he took an oath of office to preserve, protect, and defend the Constitution and is doing exactly the opposite.
Regardless of where he was born, Obama is not an American because he does not believe in our Constitutional form of government, our free enterprise system, or even the basic freedoms guaranteed by the Bill of Rights. He routinely takes actions that are contrary to the authority given to him as President of the United States. He bypasses Congress by making laws through illegal Executive orders; he refuses to fulfill his Constitutional duty to enforce those laws passed by Congress, and he uses the departments of the Executive Branch to bully, intimidate, and silence American citizens and businesses. He also is trying to use the executive orders to take away our Second Amendment rights.
He encourages class warfare and racial hatred among Americans while steadfastly protecting and defending the radical elements of the Muslim brotherhood and other terrorist groups. Why do you think that no one has been arrested or killed in response to the Benghazi attack? We know who they are yet Obama refuses to act against them, probably for the same reason that he refuses to acknowledge murderous acts by Muslims as acts of terror.
When he was first running for President, Obama told an adoring crowd of union members that after he was elected he would reward his friends and punish his enemies. He has fulfilled his promise, but unfortunately his enemies seem to be all of the American people while his friends seem to be those that would destroy us. Remember, the Constitutional definition of treason includes giving aid and comfort to the enemies of the United States.
As a Constitutional lawyer I am well aware that the oath of office that I took as an army officer and that Obama and all members of his cabinet took is not supposed to be taken lightly, much less ignored. In fact, under federal law, the very act of advocating the overthrowing our Constitutional from of government is a criminal offense. Obama and his minions are doing much more than just advocating the overthrow, they are actually making it happen.
I have written several articles on this blog about Obama’s impeachable offenses, but I Am going one step further. What Obama is doing to this country and to its citizens is a violation of two federal statues 5U.S.C. 7311 and 18 U.S.C. 1918. In short, Obama is a criminal and so are many of those who work for him. They should be prosecuted and jailed.
This also means that no state, county, or city officials have any obligation to enforce illegal actions taken by Obama as President and no American citizen is required to obey them. It is time for all of us to “Stand Our Ground”.
It seems that the scandals just keep on coming. First, Americans are abandoned to die in a terrorist attack in Benghazi and the American people are lied to about the attack by the President and members of his cabinet. All of the facts are still unknown and the cover up continues.
Then we learn that one of the most powerful and feared government agencies, the IRS, used its power to deny tax exempt status to hundreds of conservative and religious groups in order to protect the Democrats and influence the outcome of the 2010 and 2012 election cycles. The IRS also abused its power by using illegal and unconstitutional tactics to intimidate the organizations, their members, and contributors and to target other individuals and companies that it perceived as enemies of Obama. Again, many of the facts are still unknown, but this is clearly a violation of the First Amendment right of free speech.
Right on the heels of the IRS scandal came the revelations that the Justice Department was illegally obtaining the phone records of reporters to find out who they might be talking to when investigating the administration. When questioned about this by a Congressional Committee Eric Holder did what the members of this administration do best, he lied. Obama feigned indignation over the whole matter and then took “decisive” action by telling Eric Holder to investigate himself. So much for the freedom of the press guaranteed by the First Amendment.
Of course that was just the beginning because the hits just keep on coming. Americans are now learning that the National Security Agency (NSA) that has the task of protecting us from terrorists and other enemies is now spying on all of us simply because we are Americans. They are gathering our phone records, reading our emails, and gathering data about every aspect of our lives. All to be stored for future use.
While all of this was breaking, the VA has been depriving our military veterans of their Second and Fifth Amendment rights under the Constitution, and the Pentagon has been threatening active duty members of the military with punishment for practicing their religion, (unless it is Islam of course), or exercising their right to freedom of speech. Not to be outdone, the Environmental Protection Agency (EPA) has turned over the names, addresses, and other private information of over 80,000 American farm families to radical environmental groups that want to put these farms out of business.
If you think closely about all of these so called scandals, they have one common denominator; all of these actions by our government are designed to make us afraid of it. They are meant to induce a climate of fear that has been the major strategy for every dictatorship in history. Adolph Hitler and Joseph Stalin were masters at it and the people in Cuba, China, Iran and other countries still live in this climate.
The philosophy is simple, if people know they are being monitored and that everything they say or do is subject to government scrutiny and possible punishment for any transgressions they commit, they will alter their behavior to conform to the wishes of the dictatorship. In Obamaland that means that the news media will stop investigating his scandals because reporters and their sources are afraid of retaliation by the Justice Department.
People will stop speaking out against Obama, forming groups to influence elections, or contributing to conservative groups and candidates for fear of retaliation by the IRS. Veterans will stop seeking treatment from the VA because they don’t want to be declared incompetent and lose their rights to own a firearm. Americans will be afraid to say what they believe in emails or on the phone and even be fearful of calling their elected representatives.
Worst of all is that as a result of Benghazi members of the military and the diplomatic service will be aware that no one has got their back. They can be sacrificed at any time for the personal political aspirations of this President.
I have come to the conclusion that none of this is an accident. Unfortunately for America, Obama is neither stupid nor incompetent. He is an elitist and a narcissist who knows exactly what he is doing, and it is only going to get worse. We now have Obamacare and the same people in the IRS, DOJ, etc. who have attacked our basic freedoms will now control our access to medical care.
The climate of fear is becoming a reality in the United States of America just as it did in the Soviet Union and Nazi Germany. The difference is that if we recognize it for what it is and Obama for what he is we are still in a position to resist. If that means taking to the streets in massive protests or even forming neighborhood groups to protect ourselves and our homes then so be it.
Our founding fathers gave their all to give us this Constitution and our freedoms, and generations of Americans have given their best and brightest to do battle to defend them. We can do nothing less.
Our investigation into the plight of our military veterans and the assault on their Second and Fifth Amendment rights continues to uncover a disturbing pattern that confirms that the VA is violating the Constitutional rights of America’s heroes on a daily basis. The investigation included two separate requests to the VA under the federal Freedom of Information Act. We asked for the criteria used for appointing a fiduciary for veterans to handle their financial affairs and for information on the criteria for adding such veterans to the list of Americans ineligible to buy firearms. The legal deadline for a response from the VA has passed and our requests have been totally ignored. This does not surprise me because it is obvious that the VA has much to hide.
Between the information we are receiving from veterans around the country and our research of the law and history of the VA fiduciary program we have come up with a timeline of what has happened and is happening to our veterans. While the VA fiduciary program has been in place for years it was designed to appoint someone, usually a family member, to handle the VA payments for veterans who were unable to handle these financial matters themselves because of some type of severe mental problems such as dementia.
There have been problems with the system from the beginning, but the problems regarding the Second amendment rights of veterans are much more recent. In 1993 Congress passed the Brady Bill that mandated a national background check system that was designed to keep convicted felons and those individuals declared mentally defective and found to be a danger to themselves or others from being able to legally purchase firearms.
In 2007 the Congress passed some ill advised amendments to the National Instant Criminal Background Check System (NICS). The amendments were in response to the Virginia Tech shooting, (which did not involve a veteran) and were designed to make sure that people adjudicated to be “mentally defective” were on the list. However, the disqualification criteria remained the same, a person had to be found to be a danger to themselves or others or “lacks the mental capacity to contract or manage his own affairs.”
Since that amendment was adopted the VA has decided that all veterans that it declares “incompetent” to handle their VA payments are also ineligible to purchase or own firearms. There is absolutely nothing in the NICS criteria that states that those with physical disabilities belong on the list of individuals prohibited from owning firearms, yet the VA specifically states in their letter to veterans that this is part of their criteria. In addition, our investigation has found that the VA is using reasons such as minor depression, minor PTSD, and even minor short term memory loss as grounds for declaring veterans “mentally defective.” In some cases, the veterans are not even given a reason.
It has also become clear that there has been a rapid acceleration over the last few years in the efforts by the VA to declare veterans incompetent and deny them the right to possess firearms. Veterans who go to the VA for routine checkups or for treatment of physical illnesses are routinely asked if they own firearms. In fact, this in apparently a required question that all VA employees must ask of all veterans.
In other words, virtually anything can trigger an attempt by the VA to declare a veteran incompetent and deny them their Second Amendment rights. The Constitutional requirements of due process are completely ignored and veterans must fight this on their own at their own expense. To make matters even worse, we are receiving reports from veterans that if they even attempt to resist the declaration of incompetence, the VA is threatening to, and in some cases actually withholding the monetary payments to the veterans unless they agree to the VA declaration.
Our research has determined that there are at least four separate categories of veterans that the United States Justice Foundation needs to represent in either administrative actions or in court. They are:
1. Veterans who have received a letter from the VA threatening to declare them incompetent, but no decision on competence have been finalized.
2. Veterans who have received the letter and been declared incompetent and added to NICS list for unjust reasons.
3. Veterans who have been declared incompetent and had it reversed, but are still on the NICS list.
4. Veterans who have received the VA letter and are having their VA funds withheld because they are fighting to keep from being declared incompetent.
The situation with the veterans and their rights has not gone completely unnoticed in Congress. Last year an amendment was offered in the Senate to the 2013 National Defense Authorization Act to stop the VA from arbitrarily adding veterans to the NICS list. It was opposed by the White House and failed to pass. Just a few weeks ago Senator Richard Burr of North Carolina introduced S 572, the “Veterans Second Amendment Protection Act”. It is a good piece of legislation to protect veterans and all members of Congress should be urged to support it. Unfortunately, so far only 11 Senators have signed on as co-sponsors and none of them are Democrats.
In the meantime, any veterans with information on this or who need help should contact me immediately at usjf.net.
Since I wrote the article titled “Disarming America’s Heroes” I have been inundated with emails and phone calls from veterans and the families of veterans. The horror stories I am hearing are proof that the VA and the Obama administration have launched an all out assault on the Constitutional rights of our nation’s wounded warriors and other veterans.
Veterans are being declared incompetent not because they have a serious mental illness that makes them a danger to themselves or others, but because they have a physical disability resulting from their service in the armed forces or because they simply let their spouses pay the family bills.
If veterans have minor issues with PTSD, have expressed that they are depressed sometimes, or even in the case of Vietnam veterans admit that they are getting older and sometimes forget to pay their bills on time, the bureaucrats at the VA will seek to declare them incompetent. (I am a 65 year old veteran and often forget where I put my car keys, does that make me incompetent to handle my own financial affairs and even worse mean that I can’t own a firearm?) According to the VA it apparently does.
All of this has resulted in America’s heroes being declared incompetent by a process that blatantly violates their rights to due process under the Fifth Amendment to the Constitution. Then, for reasons that have not been explained these same veterans are also being denied their Second Amendment right to keep and bear arms.
Many of the veterans I have heard from were initially both scared because of what was happening to them, and hurt because it is their own government that is causing this fear. After all, when they joined the military they signed a blank check to their country to defend it and its Constitution even if it cost them their lives. Yet, now their own government is turning on them and taking from them the very Constitutional rights they fought to preserve.
However, now something else is happening; the fear and betrayal that these veterans felt is turning to anger. Their training and instincts as warriors is coming forth and they are once again prepared to fight for their rights and the rights of other Americans. I think that the Obama administration has picked a fight with the wrong dog. Veterans are fighting back.
As Executive Director of the United States Justice Foundation (www.usjf.net) I am committed to helping these veterans and protecting their Constitutional rights. We are putting together a top notch legal team that is already exploring several potential avenues including administrative procedures and a class action lawsuit.
It will be a huge undertaking since we have veterans who have just received the letter telling them that the VA is considering declaring them incompetent, veterans who have already been declared incompetent and lost their Second Amendment Rights, and even veterans who have gotten the incompetence ruling reversed, but are still blacklisted when it comes to buying firearms. There will be no charge to any veterans or their families that we represent. We will raise the money to finance our efforts from private sources.
There are those detractors who claim that the letter from the VA is not real even though several reporters have contacted me and said they have talked to representatives of the VA and it is confirmed that it is sending out these letters. The VA apparently downplays this by saying it is not a big deal. I suggest that to the veterans who are losing their rights it is a very big deal and we intend to join them in the fight.
If you are a veteran or have a friend or family member who is a veteran and has received one of these letters or already been declared incompetent, please contact me and the USJF. We intend to come out swinging. Our veterans deserve nothing less.
How would you feel if you received a letter from the U.S. Government informing you that because of a physical or mental condition that the government says you have it is proposing to rule that you are incompetent to handle your own financial affairs? Suppose that letter also stated that the government is going to appoint a stranger to handle your affairs for you at your expense? That would certainly be scary enough but it gets worse.
What if that letter also stated: “A determination of incompetency will prohibit you from purchasing, possessing, receiving, or transporting a firearm or ammunition. If you knowingly violate any of these prohibitions, you may be fined, imprisoned, or both pursuant to the Brady Handgun Violence Prevention Act, Pub.L.No. 103-159, as implemented at 18, United States Code 924(a)(2).”?
That makes is sound like something right from a documentary on a tyrannical dictatorship somewhere in the world. Yet, as I write this I have a copy of such a letter right in front of me. It is being sent by the U.S. Department of Veterans Affairs to hundreds, perhaps thousands, of America’s heroes. In my capacity as Executive Director of the United States Justice Foundation (USJF) I have been contacted by some of these veterans and the stories I am getting are appalling.
The letter provides no specifics on the reasons for the proposed finding of incompetency; just that is based on a determination by someone in the VA. In every state in the United States no one can be declared incompetent to administer their own affairs without due process of law and that usually requires a judicial hearing with evidence being offered to prove to a judge that the person is indeed incompetent. This is a requirement of the Fifth Amendment to the U.S. Constitution that states that no person shall “…be deprived of life, liberty, or property without due process of law…”.
Obviously, the Department of Veterans Affairs can’t be bothered by such impediments as the Constitution, particularly since they are clearly pushing to fulfill one of Obama’s main goals, the disarming of the American people. Janet Napolitano has already warned law enforcement that some of the most dangerous among us are America’s heroes, our veterans, and now according to this letter from the VA they can be prohibited from buying or even possessing a firearm because of a physical or mental disability.
Think about it, the men and women who have laid their lives on the line to defend us and our Constitution are now having their own Constitutional rights denied. There are no clear criteria for the VA to declare a veteran incompetent. It can be the loss of a limb in combat, a head injury, a diagnosis of PTSD, or even a soldier just telling someone at the VA that he or she is depressed over the loss of a buddy in combat. In none of these situations has the person been found to be a danger to themselves or others. If that was the case than all of the Americans who have suffered from PTSD following the loss of a loved one or from being in a car accident would also have to be disqualified from owning firearms. It would also mean that everyone who has ever been depressed for any reason should be disarmed. In fact, many of the veterans being deprived of their rights have no idea why it is happening.
The answer seems to be it is simply because they are veterans. At the USJF we intend to find the truth by filing a Freedom of Information Act request to the Department of Veterans Affairs to force them to disclose the criteria they are using to place veterans on the background check list that keeps them from exercising their Second Amendment rights. Then we will take whatever legal steps are necessary to protect our American warriors.
The reality is that Obama will not get all of the gun control measures he wants through Congress, and they wouldn’t be enough for him anyway. He wants a totally disarmed America so there will be no resistance to his plans to rob us of our nation. That means we have to ask who will be next. If you are receiving a Social Security check will you get one of these letters? Will the government declare that you are incompetent because of your age and therefore banned from firearm ownership. It certainly fits in with the philosophy and plans of the Obama administration. It is also certain that our military veterans don’t deserve this and neither do any other Americans.
I have had techincal difficulties posting a copy of one of these letters on this site. I have someone working on it. In the meantime, I have sent a copy to www.redflagnews.com and it has been posted there with my article.
Obama’s state of the Union address on February 12, 2013 can be summed up as follows:
He called for massive amounts of new Federal spending, and the Obamabots in the Congress and the Administration stood up and cheered.
He proposed raising taxes again instead of using spending cuts to cut the deficit, and the Obamabots stood up and cheered.
He proposed massive new regulations on businesses in the name of climate change, and the Obamabots stood up and cheered.
He pledged that if Congress did not do what he wanted he would once again violate the constitution and his oath of office by using Executive orders to impose his will on the American people, and the Obamabots stood up and cheered.
He bragged about just bypassing Congress and issuing a new Executive order on cyber security, and the Obamabots stood up and cheered.
In thes areas of foreign policy and national security he vowed to face the growing nuclear threats by North Korea and Iran by promising to meet with the Russians and work out a deal to cut our country’s nuclear capability, and the Obamabots stood up and cheered.
He vowed to slam small businesses with a minimum wage increase from $7.25 to $9.00 per hour that would put some of them out of business and cause people to lose their jobs, and the Obamabots stood up and cheered.
He called for the virtual abolition of the Second Amendment to the Constitution with draconian legislation and Executive actions to restrict the ownership of firearms by honest and law abiding American citizens, and the Obamabots went wild.
It was more of the same, but not the same. Obama showed his true colors and revealed his plan to destroy our Constitutional Republic and strip us of our freedoms. As I watched the speech and the reaction of the Democrats I had an eerie sensation that I had seen it all before, and then I realized that I had.
For years I have been an avid student of American history and particularly World War II. When I was writing the book about my father’s unit during the war, I researched the Nazis that they were fighting in order to get a better idea of the evil that these brave Americans had confronted and ultimately defeated. I watched videos of some of Adolph Hitler’s speeches and one stood out in particular.
Watch it with English subtitles on You Tube at:
Listen to the elitist rhetoric, watch the demeanor and the arrogance of the man, and see the faces and reactions of the audience as they give him mindless adoration. The Nazis stood up and cheered his every utterance. Even if you did not watch Obama’s State of the Union address you will have seen enough of him to recognize the bizarre and eerie similarities. It is time to be afraid; to be very afraid.
WAKE UP AMERICA!
The Middle East is in chaos with war imminent and terrorists are emboldened by the weakness of our President who has a foreign policy that consists of apology and appeasement. As a result, Americans both at home and abroad are in greater danger than ever. Iran will soon have a nuclear weapon and North Korea will have the capacity to deliver its own nuclear weapons to the west coast of the United States.
The U.S. economy is heading into a probable double dip recession, federal spending is out of control and many Americans, including the middle class that Obama vowed to protect during his reelection campaign, are finding their taxes going up dramatically. To make things even worse the prices of food, energy, and other essentials are rapidly rising.
In other words, our country is facing one crisis after another and Obama’s response to all of this is to disarm the American people and set us up for destruction. He is using his office to attack us and our Constitution. The EPA has come out with 4,000 new regulations that cater to environmental extremists and the now disproven theory of climate change and will use these regulations to destroy American businesses and put thousands out of work.
The question I am often being asked by angry and frustrated Americans is, what can we do besides complain and preach to the choir? To answer that I have come up with some battle plans that involve both short and long term tactics and goals. Because this is an article for the blog I will outline the ideas here and plan on elaborating with more specific details in a small booklet I am working on.
First, we have to keep the pressure on members of Congress when issues like gun control are being considered. It is unlikely that the so called assault weapons ban will pass in the Senate or the House of Representatives, but other bills are more problematic. The universal background check bill is nothing more than a nationwide gun registration program in disguise, yet there are some Republicans considering supporting it and the same is true of the restrictions on the size of magazines.
We also need to urge Congress to reverse Executive Orders issued by the President. It has the power to do this, but of course any such bill passed by the House will probably not pass the Democrat controlled Senate, but the House does have the ability to deny funding to many of Obama’s initiatives.
We need to stop thinking defensively and concentrate on attacking instead. This is what the left has been doing to us for years and we have either failed to recognize it or responded defensively when it is too late. So our second line of attack is through our state legislatures. We need to get the legislatures and governors in the red states to pass legislation refusing to comply with illegal and unconstitutional actions by the Federal government. This is completely legal under the Tenth Amendment to the Constitution.
For example, the Texas legislature is considering legislation proposing that the state refuse to enforce any new control laws or even allow them to be enforced by the Feds. Texas is also moving to block enforcement of the thousands of new EPA regulations that were hidden from the American people and the Congress until after the election. The purpose of these regulations is to implement by Executive Action the Cap and Trade bill that Congress failed to pass.
We also need to go on the attack at the local government level. People need to be made aware of the efforts to implement the United Nations Agenda 21 and we must aggressively oppose it. We also have to take back our school boards so we can ensure that our children are getting a proper education and learning about American history and the importance of our Constitution. This can be done even if you live in a so called blue state. A relatively small group of people can win local victories.
Last but not least we need to be relentless in fighting in the courts to defend our Constitutional rights. That is where I am focused and the United States Justice Foundation and other conservative legal groups are going to be resisting the dismantling of our Republic and the violation of our God given Constitutional rights, including the Second Amendment. We are involved in lawsuits at every level from state courts to the U.S. Supreme Court.
The important thing is to join with the groups and individuals who are willing to do what it takes to resist tyranny. We have to fight for short term victories and for the long term. It took the leftists years to get our country to the point of imminent collapse and tyranny. They were patient and never gave up, but the battle is not over yet. As patriots you can provide financial support to the cause, attend rallies, write letters to the local newspapers, and spread the word to friends and neighbors.
During the American Revolution on approximate one third of the colonists actively supported it while another third opposed it. The final one third tried to stay neutral and some people tried to profit from it by selling goods or services to both sides. George Washington’s ragtag army fought every battle outmanned and outgunned yet won the war. I firmly believe that “We the People” outnumber both the bad guys and those who just don’t care. We can prevail, as our forefathers did, if we have the will to persevere and maintain our faith in God, our Constitution, and each other.
It is the 2012 Christmas season, yet many of my fellow Americans are not feeling the usual joy that has historically come with this time of year when we not only celebrate the birth of Christ, but celebrate a time to spend with friends and family. Instead, I sense there is almost a feeling of despair and desperation in the air.
Christmas itself and our right to celebrate it are under attack by those who want to strip America of our traditions and our values. In addition, millions of Americans are unemployed, and even many of those who do have jobs face an uncertain future. Regardless of what happens with the so-called “fiscal cliff” the hidden taxes in Obamacare will kick in on January 1, 2013 and people will see their take home pay decrease while their insurance premiums and cost of health care take a huge jump.
At the same time, thousands of new onerous and unnecessary regulations are being imposed on American businesses by the Obama administration that are going to result in increases in the prices of everything from food to energy and the loss of even more jobs. Small businesses are in the cross hairs of the Obama campaign to bring the American economy to its knees and everyone is afraid except for those who are looking forward to more “free stuff” from our new “Lord and Savior” as actor Jamie Foxx refers to our President.
The New Year will also see massive cuts to our military even as the Obama foreign policy of coddling our enemies is leading to rapid growth of Al Qaeda, the Muslim Brotherhood, and other radical Islamic groups who have vowed to destroy Western civilization. In fact, the Obama administration’s latest move to “protect” America in a politically correct manner is have the military issue a new 75 page manual to the members of the military prohibiting our troops from saying anything that might be offensive to the Taliban or other Muslim extremists.
Many Americans believe that we have lost our moral compass and committed national suicide by reelecting a President who will continue to take away our basic freedoms. That is clearly the goal of our Dictator in Chief, but all is not lost yet. There are still many true Americans out there and we need to take heart from some of our past Christmases when all seemed lost.
In December 1777 General George Washington led a bedraggled and apparently thoroughly beaten Continental Army into its winter camp in Valley Forge, Pennsylvania. There were only 12,000 men left in the army at that point and many left bloody footprints in the snow as they marched since they had no shoes. They also had little food, ammunition, and adequate clothing or blankets. That Christmas of 1777 was spent trying to construct enough shelters to keep them from freezing to death.
The outcome seemed inevitable; the promise of a new nation, free from British oppression, that had been born just seventeen months earlier by the signing of the Declaration of Independence, was not to be. As the winter got worse 2500 members of the meager army succumbed to various diseases, yet the rest continued to drill and train and they refused to give up. They emerged in the spring as a fighting force that would always be outnumbered and out gunned, yet they would fight for five more years and against all odds ultimately prevail.
Now fast forward to another Christmas season in Europe in 1944. The Nazis had launched a surprise offensive in the Ardennes in Belgium, overrun and virtually destroyed several American infantry divisions and trapped the 101st Airborne Division in the small town of Bastogne. The town was where several key roads merged and if it fell there was nothing to stop the Germans from dividing the Allied armies and prolonging WW II indefinitely.
The American paratroopers were outnumbered and running out of food, ammunition, and medical supplies, yet they refused to surrender and they stopped the Nazi offensive. When the Germans failed to take Bastogne they tried to bypass it shortly after Christmas and they found a gap in the U.S. lines. SS troops surged through it at night and after a fierce fight in the village of Sadzot overran Company B of the 87th Chemical Mortar Battalion killing, wounding or capturing half of the company and taking all of the 4.2 mortars.
The surviving Mortarmen, including my father 1st LT Roy Connelly, regrouped and with the help of a small contingent of stranded paratroopers and combat engineers they took back the town and their mortars. Then they held off the Nazi armored battalion for three days until relieved. There are countless stories like this throughout our history and they should give us comfort and hope.
We can’t give up and the people in Washington D.C. who think that they have a green light to subjugate us should remember that the United States is not a democracy and was never meant to be. Our founding fathers knew that a democracy could become a vehicle for a small majority of people to vote to deny basic human rights to everyone else.
In a Republic this can’t happen because the rights of all individuals are protected by law and in our case that Law is the Constitution. If any effort is made to take away those rights than we have a right and a duty to resist, and that is what we must do at every level. We must fight tyranny in our school boards, our city councils, state legislatures, in congress, and in the courts. Whether it is the tyranny of UN Agenda 21, gun control, denying us our religious freedom, or invading our privacy we can and will resist.
Christmas has always been a time of hope and this year must be no different. We must start off the New Year by redoubling our effort to take back our country. God Bless America and Merry Christmas.
The English version of the Russian newspaper Pravda, that once was the voice of the Soviet Communist Party, has run an editorial saying essentially that the in reelecting Obama, America has put someone back in office who is pushing the Communist Manifesto on us without calling it what it is.
I offer an alternative. Thirty seven years ago I was a young attorney and National Secretary of a Conservative organization called Young Americans for Freedom. In 1975 I was asked to write something relating to the upcoming Bicentennial to present to the YAF convention in Chicago. When I read what I wrote to the convention it was greeted with a prolonged standing ovation and adopted by YAF as the official Bicentennial statement of the organization.
I present it here exactly as I wrote it and as it was printed by YAF in pamphlet form. I still believe everything in it and I believe there are many Americans who will agree with it. I offer it as an American Manifesto:
“On this, the eve of the 200th anniversary of the signing of the Declaration of Independence and the birth of the United States of America, we, the members of the Young Americans for Freedom, as citizens of this great nation, do hereby reaffirm and pledge ourselves to the following:
We reaffirm our belief in the inalienable and divine rights of life, liberty, and the pursuit of happiness.
We reaffirm our belief in the free enterprise system of economics as the only system compatible with human freedom.
We reaffirm our belief in the right of all men to own individual property and use it as they see fit.
We reaffirm our belief that a government is only legitimate as long as it serves its citizens and becomes illegitimate when it compels its citizens to serve the government.
We reaffirm our belief that the Constitution of the United States and its original Bill of Rights establish the best form of government for the preservation of freedom.
We reaffirm our belief in the rights of men to control their own individual destinies without interference by other men or by government.
We reaffirm our own moral obligation to fulfill those responsibilities incumbent upon the exercise of our rights by never intentionally violating the sacred rights of others.
We reaffirm our belief that the power to tax is the power to control and that such power should be restricted to the one purpose of national security.
We reaffirm our belief that the United States of America is not just territory, that it is a way of life and a state of mind. It will live as long as there is one man who still believes in human freedom, and as long as that one man lives, the spirit of the United States will never be conquered.
Along with our reaffirmation of these basic beliefs of free Americans, we pledge the following:
We pledge that we will never submit to tyranny in any form and we issue the following warnings:
To those in other lands who would destroy our freedom, be forewarned that there are still millions of us who believe that liberty is worth fighting and dying for. Do not naively believe that you can win just by forcing our government to surrender. If you plan to occupy this nation come prepared to fight for every acre of ground, for every building and for every hill and valley.
To our own government we say this: Do not forget that you are only a government which exists at the pleasure of the American people. We will not allow tyranny to be established from within any more than we will allow it to invade from without. Only the republican institutions created by our Constitution are sacred to us; the people who occupy them are not.
We pledge never to surrender the sacred rights guaranteed by the Constitution and the Bill of Rights.
We pledge, on behalf of generations yet, unborn, to continue the struggle begun by our forefathers over two hundred years ago to secure and maintain liberty and to defend that liberty against all enemies domestic and foreign.
And, following their example, to that end, the preservation of liberty, we pledge our lives, our fortunes, and our sacred honor.”
I am sure that the management of UPS is celebrating and waiting for congratulations to pour in praising their move to punish a bunch of kids in the name of political correctness. With great fanfare the company has announced that it is withdrawing its financial support for the Boy Scouts of America, an institution that for over 100 years has taught young men to be self reliant, patriotic, to help others, and to foster the virtues of honesty, selflessness, and morality. Now UPS has said how dare they?
The company is refusing to donate any more money to the scouts because the scouts are refusing to cave into the homosexual agenda in this country and allow gays and lesbians to serve as leaders in the organization. The Boy Scouts are making a stand for what they believe in and that is no longer allowed according to UPS executives. Welcome to Obama land where you are not allowed to maintain beliefs that are not in lock step with the official party line. If you dare to express your God given rights to freedom of speech and to associate with those who believe as you do, you will be punished.
So, “Damn the Constitution, it is full speed ahead” to bully the Boy Scouts into submitting to the political agenda of the far left, and UPS has decided to be a pawn in that effort. After all, in a nation where traditional values are under constant attack an organization that has its members swear an oath that states “On my honor I will do my best To do my duty to God and my country and to obey the Scout Law; To help other people at all times; To keep myself physically strong, mentally awake, and morally straight.” How archaic can you get?
For progressives it gets even worse when they look at the points of the Scout Law where the scouts pledge that: “A Scout is trustworthy, loyal, helpful, friendly, courteous, kind, obedient, cheerful, thrifty, brave, clean, and reverent.” These laws incorporate the American values that the left hates and it wants to deprive our young people from even espousing them, much less putting into practice.
Unfortunately for the progressive community, the United States Supreme Court has ruled that the Boy Scouts has the right to free association, and to set its own membership requirements. Therefore, the left will rely on its lackeys in the private sector to enforce its will. UPS fell right in line and is attacking one of America’s most important groups. Now, it is time for these corporate executives to find that their actions are not without consequences.
I admit that this is personal for me. I am an Eagle Scout and a former Scoutmaster of a large Scout troop in Baton Rouge, Louisiana. All four of my sons became Eagles. Of the 59 boys who obtained the rank of Eagle Scout in my troop while I was Scoutmaster, 12 served in the U.S. military. Of course, their patriotism and sacrifice for their country is of no consequence to the people who run UPS. I have used that company frequently to ship out copies of my books and usually select the UPS option when ordering products for my home or business. That ends now. I will never do business with the company again, and I encourage my readers to do the same.
The UPS Corporation has crossed the line. Of course, they can make donations to whoever they want; that is their choice, but when they choose to withdraw their donation and attack a group of fine young people in order to make political points and contribute to the destruction of that group I will respond accordingly.
When I was making speeches to groups prior to the election I also told them that if Obama was reelected that political correctness would run amok and be used to silence us. The action of UPS is just one of many that will be used to take away our rights and bully us into submission. It is time for the rest of us to draw a line in the sand.
I have repeatedly stated in speeches and on my radio show that many Americans are woefully unaware of what the Constitution says, and that means that if they don’t know how our government works and what rights they have then they won’t recognize what they are losing until it is too late. Unfortunately, yesterday’s election proved me right.
It appears that a majority of Americans voted to allow Obama and the left wing elitists to continue with their program to destroy our Constitution, our freedoms, our country, and our way of life. I use the word appears since evidence is mounting that there was massive voter fraud around the country and we may never know how many people actually voted for Obama.
However, it is clear that millions of Americans did cast their votes for the “Dictator in Chief.” Some of them knew exactly what they were doing because they are committed leftists who have long hated their own country and want to see it destroyed, and want to turn us all into subjects instead to free citizens. On the other hand, the vast majority of those who voted for Obama were just clueless as to what they were doing to themselves and our nation.
I have been disturbed throughout the campaign that no one seemed to be talking about the Constitution and what Obama was doing to it. In previous articles on this blog I have detailed what I consider impeachable offenses committed by Obama and his appointees as well as members of Congress. They all took an oath of office to protect and defend the Constitution against all enemies, foreign and domestic, yet they have repeatedly and openly violated that oath.
Why was this not a major campaign issue? Obama has ignored the balance of powers provisions of the Constitution. He has bypassed Congress and violated Article 2 of the Constitution by not only refusing to enforce laws adopted by Congress, but by making laws on his own by Executive order and agency actions. He has ignored Federal Court decisions, and carried out an unrelenting assault on the basic freedoms of the American people protected by the Bill of Rights. Yet, he has basically been given a free pass by Republicans with only a handful of members of Congress calling him to account for these criminal actions.
As a result, many people voted for America’s first dictator, and why not? They have not been taught about the Constitution in school, and have probably never read it, and if they did may not have understood it. Its importance is no longer stressed, and besides, for many voters the Constitution is certainly not as important as the “free stuff” Obama promised them in order to get their votes.
As for those of us that are aware of the disaster of this election and the horrors that will be heaped upon us by this administration, we cannot give up the fight. The phone calls and emails I have been getting today are mainly from people who are depressed and scared, and don’t believe there is anything that they can do. I disagree, we can educate and resist.
Education is crucial because as even more bad things begin to happen under the Obama regime, people need to know that these are direct violations of our Constitution. For example, political correctness will get worse and will be further used to stifle freedom of speech and freedom of religion.
People also need to understand that they are not going to know about betrayal and corruption in our government if they rely on the mainstream news media for information. The major networks like NBC, ABC, CBS, and CNN are totally controlled by the President and will only provide propaganda favorable to the administration. If people want the truth, they will need to read conservative blogs and listen to conservative talk radio shows. Fox News is also usually reliable when it comes to reporting the truth.
In the long term we must take back our universities and schools from the liberals that use them as political indoctrination centers instead of sources of education. Our children and grandchildren must be taught about the Constitution and free enterprise system.
By resistance I mean that it is time for the states to stand up for the 10th Amendment and say no to illegal federal mandates that will damage or destroy the economies of the states, or limit the individual freedoms of their citizens. West Virginia for example is in danger of having its coal mining industry destroyed, not by a vote in Congress, but by unilateral and unconstitutional actions of the EPA. The state should invoke the 10th Amendment to the Constitution and refuse to comply with the EPA. Other states should take similar actions.
Individuals must also be willing to defy the Federal government when their individual rights are threatened. That is where I can help. I have recently been appointed the Executive Director of the United States Justice Foundation. This is a legal foundation founded by a good friend, Gary Kreep, who has recently been elected a Judge in San Diego County. I will be taking over the position he is vacating. The USJF specializes in defending the Constitution and we represent people on court at no charge who have their rights threatened, and we also get involved in other major Constitutional litigation.
I will also continue to write this blog and do my radio show on the Constitution. It is now more imperative than ever that we take a unified stand to save our country. As I write this article, I am listening to Amazing Grace being played on the bagpipes. It is a sacred hymn that I have most often heard played at the funerals of our military heroes. They have sacrificed themselves for our freedom and we must be prepared to do what is necessary to defend what they gave their lives for.
From now on when Obama by words or actions says “What Constitution?” our response should be “Our Constitution!” No retreat and No surrender! From now on we take the fight to them on every level, and it will take place on our terms and on our ground. Let the battle begin!
An unknown song writer once wrote these words: “A veteran is a man or woman who at one point in their life wrote a blank check payable up to and including their life.” The check was payable to the people of the United States of America and to make sure we were understood we took an oath that said “I will support and defend the Constitution of the United States against all enemies, foreign and domestic…”
Now, we have fought our wars against foreign enemies, but we still have that blank check and that oath that we have never given up. I am therefore calling on my comrades in arms and fellow veterans to go into battle again and defend our nation and our Constitution on the political battlefield. There are over 21 million veterans in this countryand this election is another fight that we must win if we are to see our nation survive.
We have a President of the United States who is openly hostile to the Constitution. He has stated that if Congress does not pass the legislation he wants he will do it by issuing executive orders, and he continuously does just that despite the fact that it violates the Constitution. He is destroying the balance of power that is one of the mainstays of our Constitution.
When you combine that with the fact that he has appointed some 45 Czars without the required approval of the Senate, gone to war in Libya without Congressional approval, and signaled that he is planning to sign and implement United Nations treaties without submitting them to the Senate for ratification, it is clear that he is establishing a de facto dictatorship.
I have posted many articles on this blog detailing the Obama administration’s all out assault on individual liberties in this county, particularly those enshrined in the Bill of Rights. Whether you look at freedom of speech and religion, the right to keep and bear arms, the right to due process of law, or any of our other basic rights, the President seems intent on restricting them or abolishing them all together.
In addition, Obama has put us in a position where our nation is no longer respected around the world. He continues to apologize to our enemies and ignore or insult our friends. He still refuses to acknowledge the dangers of radical Islam and Sharia law and is putting the safety of every American at risk. We all know that the murder of 13 soldiers at Fort Hood was not workplace violence, but an act of terrorism, and the murder of our Ambassador and three other brave Americans in Libya on 9/11 was not a spontaneous reaction to a video on You Tube. It’s time that we let the President know that we are not stupid.
As veterans, we must also be aware of what is happening to our military. Obama is cutting the size of our military and stopping the production of the weapons and equipment needed by our personnel to effectively defend us and stay alive while doing so. He is stripping the military of a key component for many of its members, their faith in God. He sees political correctness as more important than giving our men and women in the service the same freedom of religion that they are fighting to defend. Now, we are learning that under Obamacare the President is mandating that our military members, veterans and their families pay much more for their medical care. However, civilian employees of the Department of Defense who happen to be union members will not see any increase in their costs for the same benefits.
As I have watched the progression of the Obama Presidency it has become clear that his agenda is not what I took an oath to protect. I did not take an oath of allegiance to defend socialism, or any other form of dictatorship, and I certainly did not take an oath to take away the Constitutional rights of my fellow Americans. Obama took the same type of oath I did, but he seems to have no problem violating it. I cannot and will not accept that.
So, once again I am calling on my fellow veterans to join me in stepping up to the plate once again, and not only voting to retire Obama on November 6, 2012 and to retire members of the House and Senate who do not support the Constitution, but to get other Veterans to do the same. If we lose this time we may never have another chance.
There is nothing that angers U.S. military veterans more than someone showing disrespect for the flag that they have fought to defend and that their friends and comrades have died for. I am a U.S. Army veteran and I not only feel that way, but I find it particularly egregious when the person showing disrespect and contempt for our flag is the President of the United States.
Therefore, I say this to Mr. Obama: how dare you defile and degrade our flag by having your campaign sell posters showing the American flag with the field of fifty stars replaced with your campaign logo? This degradation comes on the heels of actions taken by a veterans group in Florida to force one of your campaign offices to take down an American flag that had been defaced by replacing the field of stars with your picture.
Who do you think you are? My family came over here from Ireland in 1756 and we have had someone serving in the military during every war from the American Revolution to the current war on terror. We fought for our flag, for our country, and after the revolution for the newly written Constitution that established the United States of America. We did not take a sacred oath to fight for any individual. Yet, you have shown that you have nothing but distain for the flag, for our country, and especially for the Constitution, and then you had the audacity to thank our men and women in the service for fighting for you!
You are not the Messiah, you are not the overseer of an American plantation, you are not our King; you are nothing more than an employee of the American people, and hopefully you will soon find yourself unemployed. Leave our flag alone and leave our constitution alone! Despite what you may think, we are not your subjects Mr. Obama, we are free Americans and we intend to stay free Americans.
It is June 28, 2012 and on this day in history five Justices of the U.S. Supreme Court joined with President Obama and members of Congress to declare the U.S. Constitution and our free Republic dead. The Justices accomplished all of this by issuing a bizarre opinion on the Constitutionality of the “Affordable Health Care Act” commonly known as Obamacare.
In August of 2009 I wrote my first blog article on the Constitutionality of the proposed health care bill, H.R. 3200. I noted a number of Constitutional objections to it with the primary one being the violation of Article, Section 8, of the Constitution that limits the powers of Congress. I argued that nothing in that article, including the Commerce Clause, gave Congress the power to either regulate health care, or to turn over the power to do so to the Executive Branch of government.
Ironically, the Supreme Court agreed with me today on the Commerce Clause issue, but then did something that by its own past admissions; it has no Constitutional authority to do. The Court took a clearly unconstitutional law passed by Congress and essentially rewrote it in order to declare it Constitutional. I’m referring specifically to the “penalties” imposed on Americans who fail to comply with the individual mandate requiring them to buy health insurance. Under the law, these people can be “fined” by the IRS for non compliance.
If you remember, when Obamacare was being proposed, the President, members of his cabinet, Democrats in Congress, and members of the mainstream news media were all assuring the American people that this was not a new “tax.” Now, John Roberts, the Chief Justice of the Supreme Court has written a majority opinion saying essentially that these were all lies, but he is going to fix it by declaring that this is a tax, and therefore falls within the powers of Congress.
In a nutshell, we have a situation where the Congress passed a law that it had no authority under the Constitution to pass, and that further unconstitutionally granted extraordinary new powers to the Executive Branch, that are not authorized by the Constitution. Now, we have the U.S. Supreme Court upholding this, and making a power grab of its own by saying that it can ignore the Constitution and rewrite the laws passed by Congress.
The implications of this are staggering. The Supreme Court has now decided that the Federal government can use its powers of taxation to force the American people to do its will, even if individual freedoms guaranteed by the Bill of Rights are taken away in the process. Obama is already using the authority of the health care law to attack freedom of religion, and now when can expect him to go much further.
Imagine this, you are obese and the government declares that since that is a danger to your health, you will be taxed if you don’t lose weight. If you have dangerous weapons in your homes like firearms, and Obama orders you to surrender them to the Federal government, you can be taxed if you fail to do so. What about going to political websites on the internet that the Feds decide are inappropriate and endanger your emotional well being; there is a tax for that.
It sounds incredible, doesn’t it? Unfortunately, it could all happen as a result of today’s Supreme Court decision. Justice Roberts and the other four Justices who signed off on this opinion have increased the power of the Federal government far beyond what was intended by the founding fathers who wrote the Constitution, and for that matter the Declaration of Independence.
Today, the Constitution and our Republic were given the last rites by the progressives on the Supreme Court, but I am not ready to kick the dirt in on our freedom yet. I believe that many Americans are not just angry, but are as infuriated as I am. The election in November, if we are allowed to have a free and fair one, is one that must be won across the board. If Obama is re-elected and Democrats continue to control the Senate, then the demise of the United States will be official.
Well, maybe not. There is one other alternative and it is stated clearly in theDeclaration of Independence when Thomas Jefferson wrote about our inalienable rights:
“We hold these truths to be self-evident, that all men are created equal, that they are endowed by their Creator with certain unalienable rights, that among these are life, liberty and the pursuit of happiness. That to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed. That whenever any form of government becomes destructive to these ends, it is the right of the people to alter or to abolish it, and to institute new government, laying its foundation on such principles and organizing its powers in such form, as to them shall seem most likely to effect their safety and happiness.”
Perhaps it would be wise for those who are celebrating the death of America today, to remember that as long as there is one American left that is willing to defend the Constitution and the Republic, there will always be a spark of life that has not been extinguished. I intend to be one of those sparks.
In 1982 while Ronald Reagan was President of the United States a treaty was drafted under the auspices of the United Nations that would establish international control of the oceans and everything underneath them.
It is called the Law of the Sea Treaty (LOST) and most nations have since signed on to it. However, President Reagan refused to sign it because he felt that it was not in the best interest of the United States to be a part of it. He feared a loss of U.S. sovereignty if we became a party to it.
Some superficial changes were made to the wording of the treaty and President Bill Clinton signed it on behalf of the United States. However, the U.S. Constitution requires that any treaty signed by the President must be ratified by a two thirds vote of the Senate in order to go into effect. Clinton was never able to muster the votes in the Senate to bring it up for ratification.
During his second term President George W. Bush tried to push the treaty through the Senate. He had almost unanimous support of the Democrats in the Senate, (which alone makes me suspicious of the treaty), but most Republican Senators stood their ground and opposed it so it never go the support of the required two thirds.
Now, we have a President who is pushing one socialist cause after another and is apparently intent on turning the United States into a nation that is subject to the jurisdiction of the United Nations. With the help of Massachusetts Senator John Kerry he is making a major effort to get this treaty ratified before the 2012 elections. This would appear to be another wasted effort, but something has changed. We are suddenly seeing a number of Republican Senators who have thus far refused to come out in opposition to the treaty.
I have read the treaty and agree with former U.S. Ambassador to the UN, John Bolton, and the scholars at the Heritage Foundation who have all expressed serious concerns about the provisions of the treaty. Among other things, the treaty establishes an enormous UN bureaucracy to administer its provisions. It will have very little accountability and the U.S. will be forced to comply with its mandates, even if they are contrary to our national interests.
This bureaucracy will be partially funded by an international tax on U.S. companies that are drilling or mining in the oceans. Some of the money taken from these companies and their shareholders will then be distributed to so called “emerging nations” that will be chosen by the UN. Some of these nations may be states that sponsor terrorism and are enemies of the United States. Under the provisions of our Constitution, only the Congress can impose taxes on American citizens and businesses, yet this treaty would violate the Constitution and give that authority to a foreign body.
There is also language in the treaty that can be interpreted to put the maneuvering of U.S. Navy warships subject to UN approval. In other words, we might not be able to take military action to protect our nation’s security without specific permission of the UN. Remember, the Obama appointed Secretary of Defense, Leon Panetta, has already told a Congressional Committee that he and the President do not believe that it is necessary for them to get approval of Congress to go to war, as required by the Constitution. Instead they believe that UN or NATO approval is sufficient.
In addition, there are the troublesome provisions in the treaty that give this UN bureaucracy the right to impose restrictions on U.S. land based industries in order to push the “climate change” agenda. This could potentially include
ordering the closing of utility plants that use coal or other energy sources that the UN feels could threaten the oceans. Forget, the fact that the whole climate change agenda is based on what has now been proven to be fraudulent scientific data, Obama and the UN bureaucrats like it and that is what is important to them.
In fact, that is probably the most troubling aspect of the treaty for me. If it is ratified by the U.S. Senate it will put immense power in the hands of the UN and that is exactly what our President wants. The loss of U.S. sovereignty to
an international body is a recognized goal of his. It is important to remember that once a treaty is signed and ratified it becomes the supreme law of our nation, and can’t be reversed or modified by a future President or Congress
except by a Constitutional amendment.
Senator Kerry is planning to try and bring the treaty to a vote in the next few weeks. Everyone reading this blog should immediately contact their Senators and demand that they vote against it. As of the latest count I have seen we need at least seven more Republican Senators to come out in opposition to it in order to ensure its defeat.
The Republican Senators that as of May 27thhave so far failed to do this are: Lamar Alexander (TN), Kelly Ayotte (NH), Scott Brown (MA), Thad Cochran (MS), Susan Collins (ME),Bob Corker (TN), Michael Enzi (WY), Lindsey Graham (SC), Chuck Grassley (IA), Kay Bailey Hutchison (TX), Johnny Isakson (GA), Mike Johanns (NE), Mark Kirk (IL), Richard Lugar (IN),John McCain (AZ), Mitch McConnell (KY), Lisa Murkowski (AK), Rob Portman (OH), Olympia Snowe (ME), and Patrick Toomey, (PA). (Note, I have seen unconfirmed reports that Senators McConnell and Corker are very close to coming out in opposition.) They should be immediately contacted along with all the others on this list. In fact everyone should contact their Senators to find out where they stand.
In May of 2,000 I closed my law practice in Baton
Rouge, Louisiana after practicing for 27 years. I put myself on inactive status
with the Louisiana State Bar Association, meaning that as long as I was not
practicing law I would not have to pay Bar Association dues or take the yearly
Continuing Legal education courses. This was partially so I could devote more
time to taking care of my late wife who had suffered a massive stroke a few
years earlier and also because I was burned out fighting legal battles.
However, my specialty was Constitutional Law and I continued to keep up with
the important issues in that area. This ultimately led to the creation of my
blog on Constitutional Law and my talk radio show titled “Our Constitution” I
also recently formed a nonprofit corporation named the Constitutional Law
Alliance (CLA) and wrote a booklet on the Constitution with the same title as
my radio show, “Our Constitution.”
Yet, I have decided that I am not doing enough. I seemy country in the greatest Constitutional crisis in our history. We are aboutto lose the freedoms that my father and I risked our lives to defend and that
my sons are currently risking their lives to defend. We are losing these freedoms to a President and his minions who want to take us into a totalitarian form of government where all of our decisions are made for us by self determined elitists.
Accordingly, I have taken the necessary steps toreactivate my law license and will now be working with the U. S. Justice Foundation that handles Constitutional cases for free for Americans who can’t afford to
pay for a private attorney. I have also prepared an online course on the
Constitution, specifically the Bill of Rights, that will help people understand
what they are about to lose. The course is available at: http://libertyfirstclass.com/.In addition, I am making myself available to make speeches on the Constitution to groups that want to hear my message. So much for being retired. At age 64 I am putting myself in a position of being fully engaged in the battle to save our nation. I ask for your continued prayers and support for my efforts.
I have received dozens of inquiries about the Executive Order signed by President Obama on March 16, 2012. It is titled the “National Defenses Resources Preparation” order and appears at first glance to be just the reissuing of an order signed by previous Presidents during wartime or when war seemed imminent. It is designed to provide for the efficient allocation of critical resources needed by the military. It is claimed that this order is no different from previous orders and just puts new agencies into the mix such as the Department of Homeland Security.
However, there are several things that raise my concerns when I read the order. First, it clearly gives expanded powers to the President in peacetime if there is a national emergency, and of course, the President is the person who will decide what constitutes such an emergency. At that point the President can take control of energy production and allocation as well as food, water, and other resources. It also gives the President the power to control the allocation of health care resources, transportation, and other important areas of the economy. By the way, the President can also reinstate the draft.
The second major concern I have is that this version of the order was signed by a President who has consistently shown his willingness to ignore the Constitution of the United States in order to get what he wants. It was the White House that insisted that the provisions allowing for indefinite detention of American citizens be included in the National Defense Authorization Act that was the subject of a previous article on my blog. It was also Eric Holder, the Attorney General of the United States, who recently said that it is Obama who determines what the constitutional phrase, “due process of law,” means, not the Constitution itself or the courts.
Then we have Leon Panetta, the Secretary of Defense, informing Congress that Obama can commit the United States to go to war if he has International permission instead of the permission of the U.S. Congress that is required by the Constitution. Add this to the fact that Obama has ignored the Congress and the will of the American people when issuing Executive orders, and has ignored direct orders from the Federal courts and we see a President who is consolidating power into his own hands at the expense of the Constitution and the freedoms of Americans.
These are not the actions of a man who thinks that he will be relinquishing his position in November. They are the actions of someone who is willing to do whatever is necessary to stay in power. Does anyone remember a few months ago when Beverly Perdue, the Democratic governor of North Carolina, suggested that the 2012 elections be suspended for two years to give Congress time to fix the deficit. The national news media ignored the comment or treated it as a joke. Perhaps it was just a bad joke, or perhaps it was one of the trial balloons that Obama is so fond of floating.
It is important to look at history. Many of the longest ruling dictators allowed elections to be held. They just made sure that they never lost one. It is time for every American to read our Constitution once again and realize what we are losing. You can also read the Executive Order on the White House website at: http://www.whitehouse.gov/the-press-office/2012/03/16/executive-order-national-defense-resources-preparedness
The National Defense Authorization Act (NDAA) that was recently adopted by Congress, and signed into law by Barack Obama, contains language that has raised substantial Constitutional questions by civil libertarians on both the political right and on the political left. The bulk of the lengthy legislation deals with the routine authorization for military spending by the Pentagon, including items such as military pay, veterans’ benefits, weapons procurement, etc. Such legislation must be passed on a regular basis if the United States military is to continue to operate.
However, in the U. S. Senate version of the legislation, S.1867, there are sections dealing with the detaining of people suspected of being involved with terrorist organizations or any groups engaging in, or planning, hostile actions against the United States. These suspects can be arrested by American military forces and detained indefinitely, without formal charges being filed, and without trial, until the “hostilities” end. The term hostilities refers to the general war on terror, not to specific military actions, such as those in Afghanistan or Iraq. Therefore, there is no end in sight to the possible period of detention. This is the version that was ultimately passed by the full Congress.
The question is, does the law allow members of the United States armed forces to detain American citizens, including those arrested in the United States, without granting them due process? The language in the bill is unclear, at best. In section 1031, the first paragraph states:
“(a) In general.—Congress affirms that the authority of the President to use all necessary and appropriate force pursuant to the Authorization for Use of Military Force (Public Law 107–40) includes the authority for the Armed Forces of the United States to detain covered persons (as defined in subsection (b)) pending disposition under the law of war.”
The legislation then provides a definition of the individuals covered by the legislation:
(1) A person who planned, authorized, committed, or aided the terrorist attacks that occurred on September 11, 2001, or harbored those responsible for those attacks.
(2) A person who was a part of or substantially supported al-Qaeda, the Taliban, or associated forces that are engaged in hostilities against the United States or its coalition partners, including any person who has committed a belligerent act or has directly supported such hostilities in aid of such enemy forces.”
The legislation goes on to provide various options for dealing with the individuals arrested pursuant to the authority provided to the President. It states:
(1) Detention under the law of war without trial until the end of the hostilities authorized by the Authorization for Use of Military Force.
(3) Transfer for trial by an alternative court or competent tribunal having lawful jurisdiction.
(4) Transfer to the custody or control of the person's country of origin, any other foreign country, or any other foreign entity.”
The next section of the law is 1032, and it requires the military to detain certain individuals that fall under the definition of the act. Critics point out that the language is so broad that American citizens can fall under the provisions of the act, and can be detained indefinitely, without the Constitutional protections provided to them under the 5th and 6th Amendments to the U. S. Constitution. In other words, there would be no due process, no right to a speedy trial, no right of habeas corpus, and no right to a trial by jury.
However, supporters of the law, including some members of Congress, point to additional language in the same section of the law that they say protects the Constitutional rights of U.S. citizens. The specific provisions state:
(1) UNITED STATES CITIZENS.—The requirement to detain a person in military custody under this section does not extend to citizens of the United States.
(2) LAWFUL RESIDENT ALIENS.—The requirement to detain a person in military custody under this section does not extend to a lawful resident alien of the United States on the basis of conduct taking place within the United States, except to the extent permitted by the Constitution of the United States.”
The problem is that when the language is carefully read, it becomes clear that this does not exempt U.S. citizens from being detained without due process, but only says that it is not required under the previously cited provisions. The decision of whether an American citizen can be detained indefinitely, without being formally charged, or tried, is, therefore, left in the hands of one person, the President of the United States.
Giving the President of the United States, or anyone else, this kind of authority over American citizens was something that the framers of the U. S. Constitution, and, specifically, the Bill of Rights, were trying to prohibit. Yet it appears that this law is doing what the founders of our country feared. One of the problems is that it has been done before. U.S. citizens of Japanese descent were interred by the U.S. government after the Japanese attack on Pearl Harbor. The detention was the result of Executive Orders issued by then President Franklin D. Roosevelt.
There were numerous challenges in the courts to the detention orders, and several cases reached the U.S. Supreme Court, including Yasui v. United States, 320 U.S. 115 (1943), Hirabayashi v. United States, 320 U.S. 81 (1943), Ex parte Endo, or Ex parte Mitsuye Endo, 323 U.S. 283 (1944), and Korematsu v. United States, 323 U.S. 214 (1944). In all of these decisions, the court upheld the right of the government to place curfews on Japanese Americans, to exclude them from certain areas, and to place them in internment camps. These decisions were later considered a mistake, and, in the 1980’s, when evidence was uncovered that the government had been aware that there was no real threat, but withheld that information from the courts, the decisions were overturned.
The latest case involving the detention of U.S. citizens by the military is Hamdi v Rumsfield 542 U.S. 547 (2004). Yaser Isam Hamdi was born in the United States, and, then, his family moved to Saudi Arabia. He was captured in Afghanistan during the U.S. invasion in 2001 and held in Guantanamo Bay, Cuba, as an enemy combatant. He challenged this status in court, and, in a plurality decision, the Supreme Court Justices ruled that U.S. citizens, even when arrested in foreign countries, and designated as enemy combatants, must be provided with an opportunity to have the legality of their detention decided in a civilian court.
This case would appear to settle this issue, but Congress has used language in NDAA that appears to be an attempt to circumvent this ruling. In addition, Congress has conferred the power to order long term detentions of U.S. citizens on an occupant of the White House that has repeatedly expressed his willingness to ignore the Congress, the courts, and even the U. S. Constitution itself. This establishes a dangerous situation for Americans.
The new law also appears to repeal, or at least modify, the Posse Comitatus Act, that was passed in 1878 at the end of post Civil War reconstruction. That law is designated as 18 USC 1385, and it prohibits the states of the union, and local governments, from using members of the U.S. Army for law enforcement purposes. It was later amended to include the Air Force, and the Marines, and the Navy are under the same prohibitions, by order of the U. S. Department of Defense. If the critics of NDAA are correct, and members of the United States military can make arrests of U.S. citizens in the United States, then it appears that the intent of the Posse Comitatus law is negated.
In conclusion, the language in the bill appears to be deliberately vague and confusing, and many members of Congress seem to be unaware of what they were actually voting for. However, that does not lessen the impact of a law that gives the President extraordinary powers to violate the Constitutional rights of American citizens. If Congress can’t be convinced to amend the law to remove those provisions, then the courts must be asked to declare the provisions unconstitutional.
This article was originally written by me for the U.S. Justice Foundation and is reprinted here with its permission.