Intro to Smith’s ‘A Constitutional Crisis’
Editor: John R. Houk
November 23, 2014
Justin Smith writes a brilliant piece on President Barack Hussein Obama’s immigration amnesty speech notifying America on television he has the constitutional authority to provide amnesty on his terms for illegal aliens (the more pc term these days is illegal immigrants) coming and staying in America beyond the rule of law’s stipulations.
I am trying real hard not to mar Justin’s essay with my editorial comments and links so I am handling that issue with a quote some interesting links to the quote:
During Obama’s speech, he used the example of Astrid, a young female illegal alien, who in spite of “hiding” from ICE completed three college degrees. Those degrees took taxpayer dollars and one American’s place in the admission rolls, while Astrid broke U.S. law again by falsifying her college application using someone else’s Social Security number: That’s acceptable I suppose, since Obama’s S.S. number is a fake too. [Bold Emphasis Mine] –Justin Smith
Now I realize Mainstream Republicans claim impeachment is a bad idea because of the belief the Senate would never garner the sufficient votes for a conviction. AND I realize the Leftist Dems are openly daring Republicans to proceed with an impeachment process propagandizing the same fears of the Mainstream Republicans. BUT dear God in Heaven, there is more than enough constitutional criteria to impeach Obama and to convict him.
If the Republicans fail to make a substantial effort to smear the Dems’ faces with the legitimate impeachable criteria, then Justin’s solution in his last paragraph becomes a greater possibility to occur!
A Constitutional Crisis
A Republic Lost
By Justin O. Smith
Sent: 11/21/2014 11:38 PM
No U.S. President has the right to destroy the U.S. Constitution and completely disregard it, in the course of his duty to all Americans. We are supposed to be a nation of laws, but on November 20, 2014 Obama became a rogue president, and he unilaterally declared amnesty for 30 million illegal aliens, by my count, as he violated the principles of separation of powers that serve as the bulwark to protect our liberties, defying the American people, the election results and usurping the legislative process and essentially saying “to hell with the Constitution.”
President Obama has threatened to enact an “immigration reform bill” through executive order for months now, if Congress did not pass a bill he could sign, even though the real issue is not one of reforms but rather one of enforcement. All the “immigration reform” in the world will not matter in the face of a Congress reluctant to enforce the law. This is the reason the Secure Fence Act of 2006 still leaves a fence with holes in it, and our southern border is porous as ever.
Article I Section 8 of the Constitution gives Congress exclusive authority to “establish a uniform Rule of Naturalization … “And it is the president’s Constitutional duty under Article II Section 3, to “take care that the laws be faithfully executed … .”
Can anyone point to a single provision, Article or Section of the Constitution that suspends the principles of separation of powers and supersedes Congressional authority anytime a president, in his sole discretion, decides such because Congress hasn’t met his legislative demands?
This new Executive Amnesty of Obama’s will protect approximately 5 million illegal aliens from deportation and grant them work permits, according to Josh Earnst, Press Secretary, and other White House sources. Other than certain far-left, fringe progressive law professors, who advocate a post-Constitutional America, no one seriously believes that Obama has the authority to do this, even under “prosecutorial discretion,” and not a single Democrat has been able to cite any authority for this act.
Immediately after Obama’s Executive Amnesty Speech, Representative Trey Gowdy (R-SC) stated, “Attempts to undermine the law via executive fiat, regardless of motivation, are dangerous. The President himself recognized his inability to do [this] …” in the past.
Twenty-two times Obama has stated that he does not have the legal or Constitutional authority to grant amnesty to millions, once saying he is not an “emperor” but a president. He even argued against amnesty in his 2006 book ‘The Audacity of Hope’.
The Obama administration is now justifying Obama’s action through prosecutorial discretion, as they contend that he can decide which groups of immigrants should be a priority. Obama is also arguing that he can go further and use “deferred action” to formally protect certain immigrants from deportation.
During Obama’s speech, he used the example of Astrid, a young female illegal alien, who in spite of “hiding” from ICE completed three college degrees. Those degrees took taxpayer dollars and one American’s place in the admission rolls, while Astrid broke U.S. law again by falsifying her college application using someone else’s Social Security number: That’s acceptable I suppose, since Obama’s S.S. number is a fake too.
Significant differences exist between Obama’s recent EO and President Ronald Reagan’s 1987 policy. Reagan deferred deportation for children of illegal aliens, who had been granted amnesty, placing them on a path to becoming naturalized citizens, which was the general intent of Congress at the time, since a “one time” blanket amnesty had just passed. Obama is going against the will of Congress again, which considered and rejected his DREAM Act on several occasions, including when both houses of Congress were controlled by the Democratic Party.
Obama is bypassing Congress entirely. He is unConstitutionally revising existing law and, without Congressional approval, imposing new ones that have been explicitly rejected by Congress numerous times, thereby acting like the emperor of immigration policy.
Rep Louie Gohmert (R-TX) said, “Tonight President Obama issued a royal decree, as any good monarch would do … This president is single handedly creating a Constitutional crisis and hurting the citizens he took an oath to protect and defend.”
James Madison wrote in Federalist Paper #47, “the accumulation of all powers, legislative, executive and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”
One countermeasure is to defund all non-essential government agencies, since the U.S. Citizen and Immigration Services is self-funded through immigration application fees, according to House Appropriations Committee Chairman Hal Rogers (R-KY). Defunding most of the government will force Obama to choose between his Executive Amnesty or a government shutdown, and Congress should not be afraid or balk at using this option. A government shutdown would show Obama that the Republicans are willing to fight.
In a Fox News appearance, Rep Michele Bachmann (R-MN) called on Americans to rally on December 3rd at high noon on the west steps of the Capitol and tell Congress to “defund amnesty.”
Speaker John Boehner’s lawsuit against Obama’s executive overreach, represented by George Washington University law professor Jonathan Turley, is a sham. Everybody understands that Obama will be gone by the time it is settled, and his Executive Amnesty will have become de facto law, unless a successor has the guts to rescind it. One must wonder if Boehner and Senator Mitch McConnell are siding with Obama, the U.S. Chamber of Commerce and the Wall Street Journal, because McConnell stated “there won’t be any shutdowns on my watch” after winning re-election.
It is no accident that the Constitution’s first substantive words are “All legislative Powers herein granted shall be vested in a Congress of the United States.” Because of the problems experienced through delegated authority in England, the Framers understood that such authority, currently utilized by today’s U.S. Congress in empowering Presidential Executive orders, leads to dangerous absolutism – extra-legal, supra-legal and consolidated power. And, although the Constitution carefully barred this threat, Constitutional doctrine has since legitimized this dangerous sort of power; therefore, Americans should no longer accept some vague notion of “rule of law” that allows uncontrolled delegation through executive orders, but rather, Americans must demand rule through the law and under the law.
If the Republicans in Congress do not act more forcefully than a lawsuit by March 10th, by March 15th every Son and Daughter of Liberty, who loves America, must arm themselves and march on the Capitol Building and the White House, prepared to fight if necessary, to end this elective despotism, or otherwise, accept that the Republic, the rule of law and Freedom in America have vanished. Americans must not let any President place himself above the Constitution and accountability to the American people he is duty bound to defend and protect.
By Justin O Smith
Edited by John R. Houk
© Justin O. Smith