A Constitutional Crisis


BHO Laughs ripping Constitution

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

 

o   Homeland Security Bombshell: ‘President Barack Obama is not eligible to work in the United States’. Dean Garrison – 11/7/14

 

o   Judge Rules: Obama Social Security Card Fraud May Finally Get Answers. Tim Brown – 12/22/13

 

o  A Possible Explanation for Obama’s Connect Social Security Number. Jack Cashill – 9/14/12

 

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!

 

JRH 11/23/14

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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

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Edited by John R. Houk

 

© Justin O. Smith

Be Free Once More


Comrade BHO will Straighten Out (EO) Constitution Musunderstanding

As a nation that is systematically being dismantled piece by piece by the Obama transformation agenda to turn the USA into a Socialist Western European style society favoring government-down defined forms of representative government, Free Speech and Religious Freedom. Under the Western European paradigm any speech that insults ungodly lifestyles or denigrates any religion that is specifically an antichrist political ideology is a hate-crime punishable by fines, incarceration and/or both.

 

This essay by Justin Smith addresses the Obama transformation. Justin correctly observes the American voters have placed America in this position believing the lofty lies of Leftist Democrats. It will only be the discernment of American voters that will end the Obama transformation that desires the termination of the Founding Fathers’ grand experiment that brought the greatest nation into existence the world has known to date.

 

JRH 10/20/14

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Be Free Once More

 

By Justin O. Smith

Sent: 10/19/2014 3:54 PM

 

Our Constitutional Republic, once a free republic, is failing through the ignorant, uneducated and ill-informed choices of its Congressmen, Senators and American voters, and it is also failing because many Americans are culpable and willful in their support of actions and policies that negatively impact America. Far too many Americans do not understand or do not care that Obama’s Siren’s call for the Progressive fundamental transformation of America is found nowhere in the principles that built America, and many do not care that this is being done by unconstitutional means.

 

There was a time when there existed fine, decent Democrats, liberal only in the classical sense, who loved America and worked for Her in a benevolent fashion. Senator Joe Lieberman (CT) was one such Democrat, who was a foreign policy hawk. Another such Democrat was Senator Henry “Scoop” Jackson (WA _served from 1953-1983), who was a leading “anti-communist” hawk. But today, the Democratic Party and nearly all Democrats are ultra-socialist, right on the verge of being outright communists and fascists.

 

Democrats Kaye Hagan (NC), Mark Begich (Alaska), Mary Landrieu (LA), Mark Udall (CO), Jeanne Shaheen (NH) and many other Democrats are all currently distancing themselves from President Obama in preparation for the November 4th election. All of these Senators voted with Obama’s agenda 95% of the time, according to the Congressional Quarterly Roll Call calculators. Voting for any Democratic leader is voting for the Progressive Movement’s legislative agenda and Obama’s fundamental transformation of America.

 

For six years America has careened through a sluggish economy worsened by Democrat economic policies advocated by Obama that come straight from Franklin Roosevelt’s New Deal. They didn’t work then and they haven’t worked today, as we find approximately 100 million Americans now receiving government assistance of some sort.

 

Democrat policies from Roosevelt’s era have been greatly expanded upon by the Progressives of Obama’s new marxofascist based Democratic Party, because dependent people equal an easily controlled population. Many Americans on welfare today could have been productive, if only they had been encouraged to be independent. But, their entire lives the Democrats so convinced them that they could not succeed under the free market system and Adam Smith’s Capitalism, which they never really tried. And this is immoral, but then immoral pretty well describes the entire Progressive platform of ideas.

 

Increasingly Americans are experiencing Progressive Democrats’ tyranny, just as in California where Democrat Governor Jerry Brown and a Democrat supermajority in the legislature seized control of all ground water supplies in the state this past September, under the guise of conservation and due to a drought of their own making. More of these Agenda 21 based regulations are due to go into effect nationally in November, despite efforts to block them (HR5078), and they are setting the stage for the biggest land grab in U.S. history, in terms of power over land use, at the hands of Progressive Democrat bureaucratic political hacks and unelected despots.

 

President Obama can only use an Executive Order to supplement previously existing law passed by Congress, not to make new law in his current manner. When Obama issues Executive Orders, such as the Dream Act, that go astray of Constitutional limits and when bureaucracies, such as the EPA, are able to bind Americans through regulations, not law, it is extra-legal. One also is denied their Constitutional rights if forced to arbitrate any disputed matter through a bureaucrat, as this places administrative power above the law, side-stepping the courts and judges.

 

Along with Obama’s boastful disregard for the Constitution, Obama and the Progressive Democrats have worked tirelessly to undermine Christianity and Our American Heritage, as witnessed by their support of homosexual “marriages” (nothing “gay” about it) and their assault on Hobby Lobby’s position regarding birth control. They don’t “mean well” and they don’t give a damn about America or anything outside their Progressive ideology.

 

Disagree with the Democrat divisive platform and the opposition is accused of hatred: If you oppose illegal immigration, you hate Hispanics. If you have concerns about Islam in America, you hate Muslims. If you oppose Affirmative Action, you must hate blacks. And if you oppose “gay” marriage, you must hate homosexuals – “well – hmmm?” One out of four ain’t bad. I’ll let Ya’ll figure it out. (Just joking folks – please, no hate mail).

 

Six years of Democratic failed policies have shown that voting for the Democratic Party is both foolish and dangerous for the nation. Our border patrol agents are used to nullify immigration law, allowing terrorists to cross our borders. The Justice Department now enforces U.S. law through race-based initiatives. Every vote for Obamacare and its death panels, the most destructive legislation in U.S. history, came from the Democratic Party. The Islamic State has set the Middle East ablaze due to Obama’s and Democratic support of the Muslim Brotherhood and Obama’s insistence on complete withdrawal from Iraq. And now, the incurable and deadly Ebola virus and previously eradicated diseases, like tuberculosis, are in America due Obama’s “open borders” policy and his ideological idiocy.

 

But isn’t this what Americans wanted after all – “Hope and Change”?

 

Americans themselves are largely responsible for their own misery. One hundred and eleven million eligible voters, 45%, stayed home in 2012, while 27.4% believed Obama’s lies and pie in the sky promises and voted for “free” handouts and government benefits. 25.3% voted to be left alone by the government.

 

Incompetence has become the rule at many of the highest levels of government and in private businesses. Corporations like GM now seek protections and monopolies. Obama’s and John Kerry’s bungling will soon ensure that Iran has nuclear ICBMs, while the U.S. space program is compromised by its reliance on Russian, an old enemy renewing its adversarial position. It takes 10-15 years now to build a bridge that used to take 3 years, because of environmental studies required by the EPA. It takes an average of seven years to get a mining permit. And $7.2 trillion of new Obama debt has the U.S. debt at $17.8 trillion, undermining our fiscal responsibility to future generations.

 

Friederich Hayek, renowned economist, once remarked that having “seen millions voting themselves into complete dependence on a tyrant (Hitler) has made our generation understand that to choose one’s government is not necessarily to secure one’s freedom.”

 

Thomas Jefferson, the third U.S. President, simply stated, “Educate and inform the whole mass of the people … They are the only sure reliance for the preservation of our liberty.”

 

Our Founding Fathers didn’t expect government to control every aspect of the American people’s lives, as Obama and the Progressives are now doing by using the IRS against political opponents and telling us what medical insurance we can purchase. The Founders had survived tyranny, and they wrote the Constitution as a promise to the American people that government would be kept out of our private lives. Nobody – not elected Progressive officials, not Obama – gets to dictate how we live our lives, and Americans can remain a free people, a republic, despite Obama’s numerous lawless edicts and threats of one man rule, by sending the message in November that WE are restoring Our U.S. Constitution.

 

By Justin O. Smith

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Edited by John R. Houk

 

© Justin O. Smith

The Imperial President


Obama Jesus Self-Portrait

Mark Alexander points out that even Left Wing Constitutional academics are saying President Barack Hussein Obama has crossed the Constitutional line.

 

JRH 7/18/17

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The Imperial President

The Rule of Outlaws

 

By Mark Alexander

Jul. 16, 2014

The Patriot Post

 

“Governments are instituted among Men, deriving their just powers from the consent of the governed, That whenever any Form of Government becomes destructive of these ends, it is the Right of the People to alter or to abolish it.” –Declaration of Independence (1776)

 

According to a source within the Secret Service, Barack Obama refers to himself as “The Bear” when diverting from a planned security route for “meet and greet photo ops.” He announces such departures by saying, “The bear is loose!”

 

Now, I’m sure it’s only coincidence that “The Bear” is also the mascot of the former Soviet Union, and now the Russian Federation. While it would be more fitting if Obama referred to himself as “The Red Squirrel,” his wishful “bear” reference certainly reflects the tyrannical “rule of lawlessness” that now defines his presidential modus operandi. Obamas administration is now defined by his litany of lies and legacy of scandals, most notably this incomplete list of ignominy: The failure of his so-called “economic recovery plan, his unparalleled foreign policy malfeasance, his ”Fast and Furious“ gun control play, his long list of ObamaCare lies, his IRS Enemies List, the dramatic resurgence of al-Qa’ida, the Benghazi cover-up to protect his 2012 re-election bid, his hollow ”Red Line“ threat to Syria, the ”Russian Spring“ in Crimea, the Middle East meltdown in Egypt, Libya, Syria, Yemen, Jordan and Israel, the disintegration of Iraq, and now, of course, the VA death panels cover-up and the immigration crisis on our southern border.

 

He has certainly earned the public opinion title of ”worst president since WWII,“ which has negated the smidgeon of good faith he once held with congressional Republicans, and also most of that extended him by all but the most leftwing congressional Democrats.

 

So what’s Obama to do?

 

Having lost control of the House in 2010 and having failed to recover it in 2012, and the pending threat of losing Democrat control of the Senate, Obama has launched, in earnest, a campaign to completely bypass Congress through executive and regulatory diktat, a bold and lawless endeavor unmatched in its unconstitutional offense, except perhaps by Franklin Delano Roosevelt’s despotic regime.

 

The range of his executive and regulatory edicts has been very broad, from 19 executive orders constricting Second Amendment rights, to regulations supporting his “war on coal” and avoiding the Keystone XL pipeline.

 

But the most notable abuses have included his repeated rewrites of the so-called ”Affordable Care Act,” in order that it not wound the re-election campaigns of his congressional Democrats.

 

Now, Obama is increasingly audacious in the exercise of these unlegislated diktats.

 

In November of last year, he pretended to be constrained by law in acting on immigration reform, saying, “If, in fact, I could solve all these problems without passing this through Congress, then I would do so. But we’re also a nation of laws. That’s part of our tradition.”

 

But a few months later, Obama proclaimed, “Where Congress isn’t acting, I’ll act on my own.” He complained that “we can’t wait” for Congress, and bragged that he’s “getting things done” by disregarding Rule of Law and the separation of powers set forth in our Constitution.

 

“[W]e are not just going to be waiting for legislation in order to make sure that we’re providing Americans the kind of help that they need,” he brazenly declared. “I’ve got a pen … and I can use that pen to sign executive orders and take executive actions and administrative actions that move the ball forward.”

 

These are the words of a despot, and now define Obama’s standard operating procedure, whether secretly ordering the “Taliban Five” terrorist trade for an Army deserter, or choking the economy with his executive and regulatory orders, ostensibly to halt “global warming.”

 

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Though Obama claims to be a “professor of constitutional law,” a genuine constitutional scholar, George Washington University’s Jonathan Turley, a self-acknowledged liberal Obama supporter, has offered severe criticism of Obama’s abuse of executive orders and regulations to bypass Congress.

 

According to Turley, “I think that he has crossed the constitutional line. … When the president went to Congress and said he would go it alone, it obviously raises a concern. There’s no license for going it alone in our system, and what he’s done, is very problematic. He’s told agencies not to enforce some laws [and] has effectively rewritten laws through the active interpretation that I find very problematic.”

 

“What’s emerging,” Turley notes, “is an imperial presidency, an über presidency, as I’ve called it. … Obama has repeatedly violated this [separation of powers] doctrine in the circumvention of Congress in areas ranging from health care to immigration law to environmental law. We are in the midst of a constitutional crisis with sweeping implications for our system of government. … We are now at the constitutional tipping point for our system.”

 

Reread those words for their full effect…

 

In his 1973 volume, “The Imperial Presidency,” noted liberal historian Arthur Schlesinger, a key adviser to John F. Kennedy, outlined the extreme danger to Liberty posed by lawless executive overreach. At that time, his focus was on Richard Nixon, but his warnings, like those of Turley, have far more application to Barack Obama.

 

So, with 30 more months of Obama’s escalating assault on Liberty, what now? Make no mistake – this “lame duck” is anything but.

 

Turley advises, “If balance is to be reestablished, it must begin before [Obama] leaves office, and that will likely require every possible means to reassert legislative authority. No one in our system can ‘go it alone’ – not Congress, not the courts, and not the President.”

 

As the ever-erudite Dr. Charles Krauthammer notes, “[Obama’s] gross executive usurpation disdains the Constitution. It mocks the separation of powers. And most consequentially, it introduces a fatal instability into law itself. If the law is not what is plainly written, but is whatever the president and his agents decide, what’s left of the law? … This president is not only untroubled by what he’s doing, but open and rather proud. As he tells cheering crowds on his never-ending campaign-style tours: ‘I am going to do X – and I’m not going to wait for Congress.’ That’s caudillo talk. That’s banana republic stuff. In this country, the president is required to win the consent of Congress first. At stake is not some constitutional curlicue. At stake is whether the laws are the law. And whether presidents get to write their own.”

 

Of course, I think the good doctor would agree, given his sterling psychiatric credentials, that the rise of Obama’s imperial presidency was entirely predictable, given that he is a textbook case study in Narcissistic Personality Disorder.

 

Speaking in Texas last week, Obama’s egomaniacal arrogance shined through with his lavish first-person references – “I,” “me” and “my” (199 times in all) – when outlining upcoming plans to unilaterally dictate “immigration reform” and additional “economic measures.”

 

This week, he made clear his intent to unilaterally advance his populist “class warfare agenda” to “help working Americans … when Congress won’t act.” In his latest weekly address, Obama insisted, “So far this year, Republicans in Congress have blocked every serious idea to strengthen the middle class.”

 

That lie earned him a stern rebuke from even The Washington Post’s Fact Checker, as did his earlier claim that Republicans “have filibustered about 500 pieces of legislation that would help the middle class,” about which The Post concluded, “On just about every level, this claim is ridiculous.” But for Obama’s sycophantic legions of useful idiots, fiction trumps fact.

 

So what can Republicans do?

 

Plenty, if they are willing to fight fire with fire, and they better start igniting those precedents now. It’s going to take more than a threat of a lawsuit from House Speaker John Boehner.

 

House Republicans can use their control of the budget to defund enactment and enforcement of Obama’s lawless orders and regulations. Indeed, if they fail to do so, then they violate their own oaths “to Support and Defend” our Constitution, and Rule of Law becomes gravely imperiled by rule of men.

 

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Of course, if Republicans don’t act, and we continue racing down this imperialist path to tyranny, there are tens of millions of American Patriots who understand our options.

 

Having recently celebrated Independence Day, I invite you to re-read the Declaration of Independence. This remarkable treatise on Liberty as “endowed by our Creator” addressed an imperial executive who willfully violated that endowment “which the Laws of Nature and of Nature’s God entitled” all people.

 

Our Founders outlined the “injuries and usurpations” committed by the executive, “all having in direct object the establishment of an absolute Tyranny over these States.” They noted, “He has refused his Assent to Laws … He has obstructed the Administration of Justice … He has erected a multitude of New Offices, and sent hither swarms of Officers to harrass (sic) our people, and eat out their substance.”

 

There are undeniable parallels between the imperial powers which gave rise to the American Revolution and the imperial presidency which now threatens the Liberty our Founders, and generations of American Patriots since, have defended with their “lives, fortunes and sacred honor.”

 

Obama now jokes about his lawlessness: “It is lonely, me just doing stuff. … I’m just telling the truth now. I don’t have to run for office again, so I can just let her rip.”

 

In other words, short of rigorous intervention by Congress, this gets much worse before it gets any better.

 

Pro Deo et Constitutione – Libertas aut Mors
Semper Fortis Vigilate Paratus et Fidelis

 

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