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Old 02-26-2014, 11:21 AM  
Cochise Cochise is offline
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Forbes on Obama's disdain for the Constitution

Obama's Disdain For The Constitution Means We Risk Losing Our Republic

By M. Northrop Buechner

Since President Obama signed the Affordable Care Act into law, he has changed it five times. Most notably, he suspended the employer mandate last summer. This is widely known, but almost no one seems to have grasped its significance.

The Constitution authorizes the President to propose and veto legislation. It does not authorize him to change existing laws. The changes Mr. Obama ordered in Obamacare, therefore, are unconstitutional. This means that he does not accept some of the limitations that the Constitution places on his actions. We cannot know at this point what limitations, if any, he does accept.

By changing the law based solely on his wish, Mr. Obama acted on the principle that the President can rewrite laws and—since this is a principle—not just this law, but any law. After the crash of Obamacare, many Congressmen have implored the President to change the individual mandate the same way he had changed the employer mandate, that is, to violate the Constitution again.

The main responsibility the Constitution assigns to the President is to faithfully execute the Laws. If the President rejects this job, if instead he decides he can change or ignore laws he does not like, then what?

The time will come when Congress passes a law and the President ignores it. Or he may choose to enforce some parts and ignore others (as Mr. Obama is doing now). Or he may not wait for Congress and issue a decree (something Mr. Obama has done and has threatened to do again).

Mr. Obama has not been shy about pointing out his path. He has repeatedly made clear that he intends to act on his own authority. “I have the power and I will use it in defense of the middle class,” he has said. “We’re going to do everything we can, wherever we can, with or without Congress.” There are a number of names for the system Mr. Obama envisions, but representative government is not one of them.

If the President can ignore the laws passed by Congress, of what use is Congress? The President can do whatever he chooses. Congress can stand by and observe. Perhaps they might applaud or jeer. But in terms of political power, Congress will be irrelevant. Probably, it will become a kind of rubber-stamp or debating society. There are many such faux congresses in tyrannies throughout history and around the globe.

Mr. Obama has equal contempt for the Supreme Court. In an act of overbearing hubris, he excoriated Supreme Court Justices sitting helplessly before him during the 2010 State of the Union address—Justices who had not expected to be denounced and who were prevented by the occasion from defending themselves. Mr. Obama condemned them for restoring freedom of speech to corporations and unions.

Ignoring two centuries of practice, President Obama made four recess appointments in January 2012, when the Senate was not in recess. Three courts have found that his appointments were unconstitutional, and the Supreme Court has agreed to take up the case. If the Supreme Court finds against him, what will Mr. Obama do?

We can get a hint by looking at how other parts of his Administration have dealt with Court decisions they did not like.

The Attorney General’s Office is the branch of government charged with enforcing federal laws. After the Supreme Court struck down the key provision of the Voting Rights Act of 1965, Attorney General Holder announced that he would use other provisions of the act to get around the Court’s decision.

The Supreme Court has defined the standard for sexual harassment as “severe, pervasive, and objectively offensive” behavior to a “reasonable person.” In open defiance of that ruling, the Obama Department of Education has declared a new definition of sexual harassment for colleges, that is, “any unwelcome conduct of a sexual nature,” including “verbal conduct,” even if it is not objectively offensive—thus reinforcing the reign of terror over sex on college campuses. If a young man’s request for a date turns out to be unwelcome, he is guilty of sexual harassment by definition.

The lack of respect for the Supreme Court by the Obama administration is manifest. They feel bound by the Court’s decisions only if they agree with them. If they disagree, it is deuces wild; they will embrace any fiction that nullifies the Court’s decision.

The direction in which Mr. Obama is taking us would make possible the following scenario. A Republican Congress is elected and repeals Obamacare over a Democratic President’s veto. The President refuses to enforce the repeal. The Supreme Court rules that the President’s refusal is unconstitutional. The President denounces that ruling and refuses to be bound by it.

If the President persists in rejecting all authority other than his own, the denouement would depend on the side taken by the Armed Forces. Whatever side that was, our national self-esteem would be unlikely to recover from the blow of finding that we are living in a banana republic.

The shocking fact is that our whole system of representative government depends on it being led by an individual who believes in it; who thinks it is valuable; who believes that a government dedicated to the protection of individual rights is a noble ideal. What if he does not?

Mr. Obama is moving our government away from its traditional system of checks and balances and toward the one-man-rule that dominates third world countries. He has said that he wants a fair country—implying that, as it stands, the United States is not a fair country—an unprecedented calumny committed against a country by its own leader.

What country does he think is more fair than the United States? He has three long years left in which to turn us into a fair country. Where does he intend to take us?

Mr. Obama got his conception of a fair country from his teachers. A fair country is an unfree country because it is regimented to prevent anyone from rising too high. Their ideal is egalitarianism, the notion that no one should be any better, higher, or richer than anyone else. Combined with a dollop of totalitarianism, egalitarianism has replaced communism as the dominant ideal in our most prestigious universities. Mr. Obama and his colleagues are the product of those universities, and they have their marching orders.

The most important point is that Mr. Obama does not consider himself bound by the Constitution. He could not have made that more clear. He has drawn a line in the concrete and we cannot ignore it.

Those who currently hold political office, and who want to keep our system of government, need to act now. Surely, rejection of the Constitution is grounds for impeachment and charges should be filed. In addition, there are many other actions that Congressmen can and should take—actions that will tell Mr. Obama that we have seen where he is going and we will not let our country go without a fight.

At the close of the Constitutional Convention of 1787, Benjamin Franklin was asked what form of government had been created. “A republic,” he replied, “if you can keep it.”

We are losing it. If Mr. Obama’s reach for unprecedented power is not stopped, that will be the end. Everyone who values his life and liberty should find some way to say “No!” “Not now!” “Not yet!” “Not ever!”

M. Northrup Buechner is Associate Professor of Economics at St. John’s University, New York.

Last edited by Cochise; 02-26-2014 at 11:27 AM..
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Old 02-26-2014, 02:42 PM   #16
suzzer99 suzzer99 is offline
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So far, Obama has made recess appointments 32 times, according to a Feb. 2013 analysis by the Congressional Research Service. Among the last four presidents, Ronald Reagan made the most recess appointments (232), followed by George W. Bush (171), Bill Clinton (139) and George H.W. Bush (78), who served only one term. These include not only ones made between sessions of Congress, but ones during recesses within a session.

...

When George W. Bush was president, Senate Democrats tried to use the same tactic of holding pro forma sessions in an effort to prevent use of recess appointments. Bush had made several controversial recess appointments, prompting Senate Majority Leader Harry Reid to schedule pro forma sessions in 2007 to try and head off possible recess appointments during the two-week Thanksgiving break in 2007.
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Old 02-26-2014, 02:45 PM   #17
suzzer99 suzzer99 is offline
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Originally Posted by patteeu View Post
Average in what way? If you're talking about the number of orders, it has no relevance. What matters is what they say. A single executive order could be worse than every one of the orders of the most prolific POTUS.

Edit: I see Donger has already pointed this out.
Yep - and again not one of you has even tried to point to one specific Obama "breach of the consitution" to examine the content of. I had to do it for you - and showed there's a very good argument that the delays of part of Obamacare are nothing out of the ordinary.

And just huge lol at the recess appointment thing.

You all really should stop getting all your information from propaganda outlets disguised as news. There's a reason why all of these Obama=tyrant editorials are bereft of actual examples and have paragraph after paragraph of non-specific emotional appeal. Nothing Obama is doing is actually that out of the ordinary. The Forbes article is just a rewrite of a WSJ op-ed piece from over a year ago.
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Old 02-26-2014, 03:23 PM   #18
patteeu patteeu is offline
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Quote:
Originally Posted by suzzer99 View Post
Here you are, stuck on numbers again instead of specific instances. Your article points out that democrats used pro forma sessions to prevent GWBush from making recess appointments. Bush respected the constitution and didn't make those appointments. When the Senate tried to do that to Obama, he ignored the constitution and made his appointments anyway.
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Old 02-26-2014, 03:25 PM   #19
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Originally Posted by suzzer99 View Post
Yep - and again not one of you has even tried to point to one specific Obama "breach of the consitution" to examine the content of. I had to do it for you - and showed there's a very good argument that the delays of part of Obamacare are nothing out of the ordinary.

And just huge lol at the recess appointment thing.

You all really should stop getting all your information from propaganda outlets disguised as news. There's a reason why all of these Obama=tyrant editorials are bereft of actual examples and have paragraph after paragraph of non-specific emotional appeal. Nothing Obama is doing is actually that out of the ordinary. The Forbes article is just a rewrite of a WSJ op-ed piece from over a year ago.
Now you're trying to change the subject. Your executive order defense was completely irrelevant and you're wrong on the recess appointment issue. I think you'd better examine your own bubble.
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Old 02-26-2014, 05:39 PM   #20
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Always reply. Always deflect. Never get personal. Shift to semantics when you know you're on the losing side.

You done real good for your neocon overlords patty. Real good.
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Old 02-26-2014, 06:00 PM   #21
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Originally Posted by suzzer99 View Post
Always reply. Always deflect. Never get personal. Shift to semantics when you know you're on the losing side.

You done real good for your neocon overlords patty. Real good.
It's not semantics nor is it a deflection when you're focused on number of EOs (or recess appointments) while the actual issue is content of EOs (or circumstances of recess appointments).
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Old 02-26-2014, 08:45 PM   #22
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