Posts Tagged ‘unconstitutional’
The bargain rushed through Congress on Wednesday night clobbers the U.S. Constitution. It shifts control over the debt ceiling from Congress to the president, in violation of Article 1, Section 8, and pushes the nation toward a slippery slope of allowing the president unlimited power to borrow.
Article 1, Section 8, states that “Congress shall have the Power To lay and collect Taxes … to pay the Debts and provide for the common Defence and general Welfare of the United States; . .. To borrow Money on the credit of the United States … “
Until 1917, the president had to ask Congress’ permission for each borrowing and frequently acquiesced to conditions. That year, Congress devised the debt ceiling, which gave the president flexibility to borrow up to a certain amount in order to fund a world war.
Ever since then, presidents have come to Congress once or twice a year for a debt-ceiling hike. Until this year, Congress had never abdicated control over the nation’s indebtedness.
The U.S. Supreme Court has ruled that Congress can’t surrender its powers to another branch of government or change how laws are made (INS v. Chadha, 1983). But that’s what the deal concocted Wednesday night does.
Instead of raising the debt ceiling, the Default Prevention Act of 2013 suspends it and shifts power to the president to determine how much the nation should borrow.
Read More By BETSY MCCAUGHEY At Investor’s Business Daily
Old-time monarchies and modern dictators govern by decree. Not so in the United States, where the Constitution does not give the president such power. So it is fair to wonder what authorized President Obama to “suspend” the portion of the Affordable Care Act that imposes a health-care mandate on employers.
Read more by Ronald D. Rotunda at WashingtonPost.com
Is it time for me to recant? Earlier this year, I was highly critical of conservatives who embraced a strategy of “nullification” of federal laws they disliked, including Obamacare:
The legislators also went all 19th Century on us by embracing the principle of “nullification” an idea that has enjoyed pretty much complete obscurity since the U.S. Civil war. (The idea, repeatedly rejected by the courts, is that states can nullify federal laws they deem unconstitutional.
Read more by Charlie Sykes at 620wtmj.com
When British soldiers were roaming the American countryside in the 1760s with lawful search warrants with which they had authorized themselves to enter the private homes of colonists in order to search for government-issued stamps, Thomas Paine wrote, “These are the times that try men’s souls.” The soul-searching became a revolution in thinking about the relationship of government to individuals. That thinking led to casting off a king and writing a Constitution.
What offended the colonists when the soldiers came legally knocking was the violation of their natural right to privacy, their right to be left alone. We all have the need and right to be left alone. We all know that we function more fully as human beings when no authority figure monitors us or compels us to ask for a permission slip. This right comes from within us, not from the government.
Read more by Judge Andrew Napolitano at avoiceofsanity.com
When even Zee Germans are staring open-mouthed at what they call “American-style Stasi methods” you know things have got a little out of hand. As Reuters reports, German outrage over a U.S. Internet spying program has broken out ahead of a visit by Barack Obama, with ministers demanding the president provide a full explanation when he lands in Berlin next week and one official likening the tactics to those of the East German Stasi. “The more a society monitors, controls and observes its citizens, the less free it is,” Merkel’s Justice Minister exclaimed, adding, “the suspicion of excessive surveillance of communication is so alarming that it cannot be ignored.” While Obama has defended it as a “modest encroachment” on privacy and reassured Americans that no one is listening to their phone calls, the Germans reflect “I thought this era had ended when the DDR fell.”
Read more at ZeroHedge.com
“The Stasi only dreamed of these capabilities.”
Representative Jim Sensenbrenner, who introduced the PATRIOT Act on the House floor in 2001, has declared that lawmakers’ and the executive branch’s excuses about recent revelations of NSA activity are “a bunch of bunk.”
In an interview on Laura Ingraham’s radio show Wednesday morning, the Republican congressman from Wisconsin reiterated his concerns that the administration and the secret Foreign Intelligence Surveillance Act court have gone far beyond what the PATRIOT Act intended. Specifically, he said that Section 215 of the act “was originally drafted to prevent data mining” on the scale that’s occurred.
Read more by Lindsey Grudnicki at NationalReview.com
Would you be willing to give up what Edward Snowden has given up? He has given up his high paying job, his home, his girlfriend, his family, his future and his freedom just to expose the monolithic spy machinery that the U.S. government has been secretly building to the world. He says that he does not want to live in a world where there isn’t any privacy. He says that he does not want to live in a world where everything that he says and does is recorded. Thanks to Snowden, we now know that the U.S. government has been spying on us to a degree that most people would have never even dared to imagine.
Read more by Michael Snyder at TheEconomicCollapseBlog.com
Tuesday’s stunning decision by a Milwaukee County circuit court judge that Milwaukee’s taxicab ordinance is unconstitutional could provide some impetus to a plan touted by Ald. Bob Bauman.
Bauman, whose district includes the city’s downtown area, wants to increase the number of taxicab permits in the city, but it would also update vehicle standards and increase inspections. Bauman’s plan is expected to be discussed at 9 a.m. on Thursday at City Hall.
Bauman said Wednesday that Circuit Court Judge Jane Carroll’s decision “reinforces our need to move forward with some reforms.”
Read more by Don Walker of the Journal Sentinel
–SNIP– In one case, Hosanna-Tabor Evangelical Lutheran Church & School v. EEOC, the Justice Department argued it “had the right to oversee a church’s choosing of ministers,” which even Supreme Court Justice Elena Kagan called “amazing.”
Cruz highlights one exchange between Kagan and Leondra Kruger, a DOJ lawyer, in which Kagan asked, “Do you believe, Ms. Kruger, that a church has a right that’s grounded in the Free Exercise Clause and/or the Establishment Clause to institutional autonomy with respect to its employees?”
“We don’t see that line of church autonomy principles in the Religious Clause jurisprudence as such,” Kruger said.
Kagan, who served as Solicitor General under Obama, said it was “amazing” that DOJ believed that “neither the Free Exercise Clause nor the Establishment Clause has anything to say about a church’s relationship with its own employees.”
The court went on to unanimously reject the DOJ’s claim, saying, “We cannot accept the remarkable view that the Religion Clauses have nothing to say about a religious organization’s freedom to select its own ministers.”
Read more by Elizabeth Harrington at CNSnews.com
In a frenzied cry for gun-control, the media is rife with details about the firearms Adam Lanza used to kill 20 children and six adults before turning a handgun on himself at Sandy Hook Elementary School in Newtown, Connecticut, on December 14, 2012. But information about Lanza’s medical history is scarce, feeding speculation that he may fit the profile of school shooters under the influence of psychotherapeutic medication.
“In virtually every mass school shooting during the past 15 years, the shooter has been on or in withdrawal from psychiatric drugs,” observed Lawrence Hunter of the Social Security Institute. “Yet, federal and state governments continue to ignore the connection between psychiatric drugs and murderous violence, preferring instead to exploit these tragedies in an oppressive and unconstitutional power grab to snatch guns away from innocent, law-abiding people who are guaranteed by the U.S. Constitution the right to own and bear arms to deter government tyranny and to use firearms in self defense against any miscreant who would do them harm.”
There is a striking connection between school shootings and psychotherapeutic drugs, also known as psychotropics. Consider these examples:
Read more by Rebecca Terrell at TheNewAmerican.com
Putting Americans in concentration camps?
Anyone remember what happened today, (February 19) 71 years ago?
On February 19th, 1942 FDR willfully and intentionally violated The Constitution, an act for which he should have been impeached.
I am speaking of the Japanese internment — the rounding up of over 100,000 people who were frog-marched into Concentration Camps on American soil.
Far more than half were American Citizens with a full and complete set of alleged Constitutional Rights.
We, America, did this.
The Constitution of the United States is an undeniably powerful document. So powerful in fact, that it took establishment elitists with aspirations of globalized governance over a century to diminish the American people’s connection to it. It’s been a long time coming, but in the new millennium, there is now indeed a subsection of the masses that not only have no relationship to our founding roots, they actually despise those of us who do!
There are a number of reasons for this dangerous development in our culture: A public school system that rarely if ever teaches children about the revolution, the founders, constitutional liberty, or the virtues of individualism in general. A mainstream media apparatus that has regurgitated endless anti-constitutional shlock for decades, attacking any person or group that presents a freedom oriented view. And a governmental structure that has become so corrupt, so openly criminal, that they ignore all aspects of constitutional law without regard, rarely feeling the need to explain themselves. As a people, we are surrounded daily by the low droning wash-talk of denigration and disdain for our principled foundations. The wretched ghosts of collectivism and tyranny mumble in our ears from birth to death. It’s truly a miracle that every man and woman in this nation has not succumbed to the mind numbing hypnotism . . .
Read more by Brandon Smith at alt-market.com
With CNN’s Candy Crowley shamelessly throwing President Obama a Libya life-preserver at Tuesday night’s debate, the so-called Mohammed video is back in the news. That ought to offend sensible people — and not just because the president, aided and abetted by Ms. Crowley, is lying when he now claims, despite weeks of denials, to have regarded the Benghazi massacre from the first as a pre-planned terrorist attack.
For weeks, Obama and his minions attempted to hoodwink the country into believing that the murders of our ambassador and three other Americans were triggered when Muslim protests over a “movie” virtually no one had seen spontaneously erupted into rioting. In fact, these Americans were killed precisely because Obama’s high-priority policy of embracing Islamists, in Libya and elsewhere, has empowered al-Qaeda and other Muslim militants. The policy’s current implosion, in the presidential campaign’s final days, has made a mockery of Obama’s pretensions about having decimated al-Qaeda — the only part of his record that the president thought it was safe to run on.
The video was the heart of the administration’s initial lie and subsequent cover-up.
Read more at PJ Media
If the citizens of this Republic still took the Constitution seriously, Obama would be impeached for his decision to unilaterally grant amnesty to certain illegal aliens.
Article 1, Sec. 8 of the Constitution, which enumerates the power of Congress, states that “Congress shall have the Power To… establish an [sic] uniform Rule of Naturalization.” Congress has passed numerous laws pertaining to immigration and naturalization, including laws requiring the deportation of illegals.
The role of the President, according to Article II, Sec. 3, is to “take Care that the Laws be faithfully executed.” Obama’s refusal to execute Congress’s immigration laws (or, for that matter, Congress’s Defense of Marriage Act) is an impeachable offense. Article II, Sec. 4 states that the President “shall be removed from Office on Impeachment for… Treason, Bribery, or other High Crimes and Misdemeanors.” The deliberate failure to enforce valid immigration law and allow hordes of foreigners to live and work in the U.S. is, arguably, “treason,” and doing so in an election year to appease Hispanic voters could certainly be considered “bribery.”
Read more by Michael Filozof at American Thinker
House Minority Leader Nancy Pelosi, D-Calif., thinks that President Obama should unilaterally eliminate the debt ceiling, rather than negotiate with Congress to spend more money when the United States hits the debt ceiling later this year.
“I would like to see the Constitution used to protect the country’s full faith and credit, as the Constitution does,” Pelosi told reporters Wednesday. She was endorsing the idea that Obama should use the 14th Amendment — which states that “The validity of the public debt of the United States . . . shall not be questioned” — to circumvent House Republicans who want spending cuts in exchange for another debt ceiling hike.
“I think he should [declare the debt ceiling unconstitutional],” Pelosi said, though she wouldn’t predict Obama’s move. “I’m in a different branch of government. In the minority, in the House. What do I know about what the president’s going to do?”
Read more by Joel Gehrke at Washington Examiner