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Friday, January 11, 2013

Unconstitutional

Obama loves to use the executive order more than past presidents, but is it even legal under the Constitution? A Representative wrote about Obama's power grabs and their unconstitutionality. Obviously, the liberal "news" media keeps their questions about Obama's extra-legal orders to themselves. They wouldn't want the American people to be suspicious of their Chosen One, now would they? I bet you haven't even heard of most of these power grabs. Hand it to the media. They cover for Obama right well - but that doesn't mean they should.

The Rep's summary:
President Obama has, by executive order, circumvented national immigration law by ordering a halt to deportations of certain unlawful aliens, without getting the law changed. In July of 2012, President Obama changed long standing welfare policy to allow states to change mandated work requirements. Earlier he ordered the DOJ not to enforce the Defense of Marriage Act. None of these orders were submitted to Congress for review, which the Government Accountability Office concluded he should have done in part. I have co-sponsored bills to reverse these unconstitutional power grabs and will continue to fight them.
The President, touted by some as knowledgeable about our Constitution, acts as if he never heard of it sometimes. Now, the President and Vice-President are talking about enacting gun bans by executive order.
But how is this against the law of the land? His explanation:
Let's focus on the supposed authority of the President to simply enact laws by the stroke of his pen. Article I Section I of the Constitution vests all legislative powers in Congress. All. None are given to the President or the Courts. All government acts need to be evaluated on whether they are consistent with our Constitution.
The executive branch has the Constitutional responsibility to execute the laws passed by Congress. It is well accepted that an executive order is not legislation nor can it be. An executive order is a directive that implements laws passed by Congress. The Constitution provides that the president "take care that the laws be faithfully executed." Article II, Section 3, Clause 5. Thus, executive orders can only be used to carry out the will of Congress. If we in Congress have not established the policy or authorization by law, the President can't do it unilaterally.   
He doesn't illuminate steps we can take to prevent Obama from taking powers not vested in the executive other than his bill in Congress which we can bet the Senate will never touch, but I suppose education is a great first step. Not that that isn't going to stop Obama from making gun control laws through an unconstitutional executive order if he can possibly get away with it, or with any other current law he doesn't like. Not that gun control even prevents crimes.

Ann Coulter elaborates on that this week:
There is an academic, peer-reviewed, long-term study of the effect of various public policies on public, multiple shootings in all 50 states over a 20-year period performed by renowned economists at the University of Chicago and Yale, William Landes and John Lott. It concluded that the only policy to reduce the incidence of, and casualties from, mass shootings are concealed-carry laws. The Times will never mention this study.

Instead, Rosenthal's column proclaimed that armed guards do not reduce crime because: "I recently visited some Latin American countries ... where guards with guns grace every office lobby, storefront, ATM, restaurant and gas station. It has not made those countries safer or saner."

So there you have it: The cock crowed, then the sun came up. Therefore, the cock's crowing caused the sun to come up. Rosenthal went to Harvard Medical School.

Here's a tip: High-crime areas are often bristling with bulletproof glass, heavy-duty locks, gated windows and armed guards. The bulletproof glass doesn't cause the crime; it's a response to crime. On Rosenthal's logic, hospitals kill people because more people die in hospitals than outside of them.
But then again, Obama isn't after gun control out of concern for Americans. He's after power. His quest for power inexorably increases with each power grab. I expect we'll see plenty more in his second term, even more blatant and questionable than in his first since he won't (shouldn't) be up for reelection. Don't be surprised when it happens. You've been warned.

What can we do about it? I don't know. I'm not a lawyer. Suggestions?

My only suggestion at the present time is to invite as many Americans as possible to read the Constitution themselves, as well as other Founding documents. You'd think a country would bother to properly educate its citizens about its beginnings and teach them to reverence it, but not now that unpatriotic liberals are in charge of public education!

There's a reason there are so many home-schooling parents these days, and it isn't because they've always dreamed of home-schooling their children. Not only has the public school system lowered its academic standards compared to other countries, the Americans level of patriotism is low compared to many, many countries. I've met foreign people taught a fierce and admirable patriotism in their schooling, and I've been jealous. That hasn't happened in America since WWII.

Understanding the Constitution, why it was made the way it was, how it has preserved us for the past 236 years, and comparing it to the protections of citizens in other countries will reestablish patriotism and gratitude for our Founding Fathers. We need that, if we are to survive in the United States as we know it.

Supposing we're not already too late to prevent Obama from changing the United States beyond all recognition.

UPDATE: Breitbart's Ben Shapiro is on a role educating Americans about the Constitution (or trying to) all over the internet and airways. See here, here, and here.

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