NAPOLITANO: Congress’ unconscionable silence at president’s power grabs--Obama becomes imperial president without Republican resistance

Washington Times, by Judge Andrew P. Napolitano, February 19, 2014

The political philosopher Edmund Burke once remarked that all that is necessary for the triumph of evil is for good folks to do nothing.

A glaring example of the impending triumph of a constitutional evil that could be stopped by folks who have been largely silent is the tyranny coming from the White House. The folks who can stop this and are doing nothing about it are our elected representatives in Congress.

The Constitution is the supreme law of the land. It established the three branches of government, and it delegated “all legislative powers” to Congress.

American law rarely uses the word “all.” Yet the Framers chose that word precisely to confine the writing of law to Congress and to prevent a president from altering federal law by the selective manner of law enforcement and thereby effectively rewriting it.

The Framers sought to guard against the same evils by compelling the president to swear at the commencement of his terms in office that he will “faithfully” enforce the laws.

Read more!  

The Unconstitutional Perfecta

Townhall.com, Hank Adler, February 15, 2014

The President has reached "You have to be kidding!" stage of executive orders. The latest executive order with respect to Obamacare, as summarized in the Treasury Department 'Fact Sheet', provides:

The employer responsibility provision will generally apply to larger firms with 100 or more full-time employees starting in 2015 and employers with 50 or more full-time employees starting in 2016.

While the employer responsibility provisions will generally apply starting in 2015, they will not apply until 2016 to employers with at least 50 but fewer than 100 full-time employees if the employer provides an appropriate certification described in the rules.*

* Those that claim the exemption for 2015 will need to certify under penalty of perjury that they did not reduce their workforce to fewer than 100 employees in order to qualify.

Nothing about this executive order passes constitutional muster:

Executive orders cannot create or change law. Executive orders are for the purpose of administrating law.

READ IT ALL!  

Obama moving on minimum wage hike

The Hill, Justin Sink, February 12, 2014

President Obama will sign an executive order formally raising the minimum wage for federal workers during an event Wednesday at the White House.

The move, first announced during the State of the Union address, will raise the minimum wage for federal workers hired under new contracts to $10.10 per hour. It will also raise the tipped minimum wage to $4.90 from $2.13 per year, with an escalator clause that will increase that amount in subsequent years.

Obama will also press Congress to match the executive order with an equivalent hike to the federal minimum wage, the White House said Tuesday. According to a source familiar with the event, the president will appear alongside workers who are paid at or just above the federal minimum wage of $7.25 per hour.

CONTINUED.  

Obama is Becoming Public Enemy Number One

Tea Party Nation—Alan Caruba, February, 11, 2014

America has arrived at a point at which it has never been in its 226 years of existence since the Constitution became effective in 1788. It has a President for whom that Constitution is routinely ignored in his quest to “fundamentally transform” America into a nation it has never been despite the slide into progressive policies that began early in the last century.

His namesake legacy legislation, Obamacare, is wreaking havoc on the lives of millions of Americans who have lost or will lose their healthcare plans that have been replaced with those whose cost is far higher. It is costing the nation jobs, reducing further the income of millions. The Congressional Budget Office just released a report predicting it will cost 2.3 million jobs and add $1 trillion in projected deficits.

As reported by CNSnews on February 6, “The debt of the U.S. government has increased $6.666 trillion since President Barack Obama took office on Jan. 20, 2009, according to the latest numbers released by the Treasury Department. It stands at $17,293,019,654, 981.61. The total debt of the nation did not exceed $6.666 trillion until 2003. The U.S. has accumulated as much debt as it did since its founding.

While in office in his first term, the U.S. credit rating was reduced for the first time in its history.

Among Obama’s Constitutional violations in 2013 were: 

Obama's Executive Order Tyranny

How dangerous is a president who wants to rule by pen and phone?

Judge Andrew Napolitano, Reason.com, February 6, 2014

Can the president legally bypass Congress and rule the government by decree?

The answer to the question above is: No. But you wouldn't know that by listening to President Obama. In the past three weeks, the president has made it clear how he plans to run the executive branch of the federal government in the next three years: with a pen and a phone.

In a menacing statement at a cabinet meeting last month, as well as during his recent State of the Union address and in a pre-Superbowl interview with my Fox News colleague Bill O'Reilly, the president has referred to his pen and his phone as a way of suggesting that he will use his power to issue executive orders, promulgate regulations and use his influence with his appointees in the government's administrative agencies to continue the march to transform fundamentally the relationship of the federal government and individuals to his egalitarian vision when he is unable to accomplish that with legislation from Congress.

He has carried out that threat already. In June 2012, facing a presidential election campaign that he feared he might lose and wishing to keep socially conservative Hispanics from voting for Mitt Romney, the president directed the Department of Health and Human Services (HHS) -- the same folks who failed miserably at rolling out Obamacare -- to establish standards of behavior for millions of illegal immigrants, which, if followed to the government's satisfaction, would get them off of government deportation lists.

READ THE ARTICLE!  

OBAMA´S VIOLATIONS OF OUR CONSTITUTION AND ELECTION FRAUD

December 25, 2013 by Frank de Varona

Barack Obama is a rogue president who has used tyrannical executive orders and government regulations to bypass Congress. He has no respect of our Constitution. In 2001 Obama said that “the Constitution is a charter of negative liberties full of constrains imposed upon us by our Founding Fathers.” Obama hates those “constraints” since he wants to govern in a dictatorial manner.

Obama has made our Constitution and Congress irrelevant. Obama announced his “We Can´t Wait” campaign in 2011 by stating the following: “We can´t wait for an increasingly dysfunctional Congress to do its job. Where they won´t act, I will.” Obama has virtually declared himself a dictator by announcing that he intends to govern by executive fiat. He has destroyed the Constitution separation and balance of powers  provisions by naming 45 radical White House czars with enormous powers, who are not subject to congressional oversight or approval of the Senate.

READ IT ALL, it is long but worth it!

Obama Administration Secretly Extends Health Care Enrollment Deadline

The Obama administration has decided once again to make adjustments to the Affordable Care Act, secretly extending the deadline for enrollment by one day.

 

Midnight on Dec. 23 (Monday) was the original cut off date for enrollment for people who want coverage starting January 1. But without so much as a formal announcement, consumers will now have until midnight on Tuesday to enroll in Obamacare, the Washington Post reported, citing two officials who are familiar with the situation.

 

READ MORE.

What Is The Penalty for Usurpation of Liberty?

I have to start with the assumption that readers of this article understand that a Republic will only be viable if the rule of law is preserved. There are many cases confirming that the rule of law has been replaced by the rule of man in the United States of America. The debate is over: we do not have the rule of law in our country. Or more correctly:  WE DO NOT HAVE THE RULE OF LAW IN THEIR COUNTY

Today the pResident revised the Affordable Care Act arbitrarily by allowing the people to keep their current health care insurance policy for another year. The Constitution does not grant him this authority. So the question becomes who has given him dictatorial powers if not the political class in Washington, D.C.? Which proves that this is no longer our country.

 

CONTINUE READING:  http://ncrenegade.com/editorial/what-is-the-penalty-for-usurpation-of-liberty/

American Thinker: The Amazing Presidential Power-Grab

With little consternation or lasting opposition, the Obama administration has dramatically usurped congressional power at the expense of popular will and the rule of law. Numerous dastardly bureaucratic coups -- motivated by the president's progressive and political agenda -- have amazingly failed to engender a serious response. What began as a trickle of presidential power-grabs has turned into a cascade of executive roguery. A list of them is worth some review and reflection:

In June 2012, President Obama circumvented Congress's refusal to pass the DREAM Act by instituting a portion of it on his own. Through executive order, the administration has directed federal officers to no longer deport large swathes of younger illegal immigrants, with an inclusive net that could impact over a million. Conservative sage Charles Krauthammer summed it up pithily: "This is out-and-out lawlessness. You had a clip of the president himself say[ing] months ago, 'I cannot do this on my own because there are laws on the books.' Well, I have news for the president -- the laws remain on the books. They haven't changed."


MORE:  http://www.americanthinker.com/2012/07/the_amazing_presidential_power-grab.html?utm_source=7-31-12+Newsletter&utm_campaign=AT+Newsletter+7-31-12&utm_medium=email#ixzz22FKiZhu3

Can Republicans Impeach Obama Over Recess Appointment?

As Todd Gaziano of the Heritage Foundation explained:


[The recess appointment] power has been interpreted by scores of attorneys general and their designees in the Department of Justice Office of Legal Counsel for over 100 years to require an official,legal Senate recess of at least 10-25 days of duration. (There are a few outlier opinions,never sanctioned by the courts,that suggest a recess of six to seven days might be enough–but never less than that.)

The President’s purported recess appointment of Cordray would render the Senate’s advice and consent role to normal appointments almost meaningless. It is a grave constitutional wrong that Senator Mitch McConnell (R-KY) has already denounced. But it fits a pattern of extra-constitutional abuse by the White House that seems more interested in energizing a liberal base than safeguarding the office of the presidency.

Experts say this kind of non-recess appointment is unprecedented in American history —another historic Obama first.

As Andrew Grossman of the Heritage Foundation has pointed out, even Obama did not really believe the Senate was in recess. This was a plain act of authoritarianism.

CONTINUED:
http://patriotupdate.com/16849/can-republicans-impeach-obama-over-recess-appointment

RANDY'S RIGHT ALERT: Here it is Folks…SCOTUS NATURAL BORN CITIZEN PRECEDENCE… Minor vs Happersett, 88 U.S. 162 (1875)

Here it is folks, the precedence everyone in DC says doesn’t exist! Established by Minor vs Happersett, 88 U.S. 162 (1875)which specifically defines an Article 2 Section 1 natural-born citizen as a person born in the US to parents who are citizens.

Therefore, Obama – according to US Supreme Court precedent – is not eligible to be President.

Go to SCOTUS NATURAL BORN CITIZEN PRECEDENCE

This link must be blasted to every Congressman, Senator, SCOTUS justice, and DOJ. If nothing is done as a result, it will be then known that there is no longer any doubt that they are ALL in collusion to subvert the Constitution, therefore all guilty of misprision.

Natural Born Citizen
US SUPREME COURT PRECEDENT STATES THAT OBAMA IS NOT ELIGIBLE TO BE …

The title of this article is correct. After having completed a more thorough review of the relevant US Supreme Court cases discussing the Constitution’s natural-born citizen clause, I have discovered precedentwhich states that a natural-born citizen is a person born in the jurisdiction of the US to parents who are citizens. Read that again. I said precedent, not dicta. The precedent holds that Obama is not eligible to be President of the United States.

Up until the publication of this report today, all discussion of the natural-born citizen issue (from both sides of the argument) agreed there had never been a precedent established by the US Supreme Court, and that the various cases which mentioned the clause did so in “dicta”.

Dicta are authoritative statements made by a court which are not binding legal precedent.
CONTINUE READING:  http://randysright.wordpress.com/2011/09/15/her-it-is-folks-scotus-natural-born-citizen-precedence-minor-vs-happersett-88-u-s-162-1875/

Usurpation: The Weapon By Which Free Governments Are

Reprinted from The Campaing for Liberty.  The Campaign For Liberty promotes and defends the great American principles of individual liberty, constitutional government, sound money, free markets, and a non-interventionist foreign policy, by means of educational and political activity.
Visit us on the Web at www.CampaignForLiberty.com

Usurpation: The Weapon By Which Free Governments Are Destroyed

By Derek Sheriff 06/17/2010
Derek Sheriff  is the state chapter coordinator for the Arizona Tenth Amendment Center.

What is Usurpation?

If there is a term that I wish would become a household word to be used again by every American in their daily political discussions, it would be the word "usurpation". Yes, I would love it even more if average Americans would add to that list the words: "Nullification", "interposition" and the phrase, "the principles of ‘98". However, in order to understand the meaning of those words in their political context, you have to understand usurpation. Before you can discover an effective solution, you have to correctly identify and understand the problem. 

Usurpation is the unauthorized, unlawful exercise of power. Whenever a person, department or branch of the government (federal, state, or local) usurps, they assume undelegated powers and are therefore acting outside the law.

Our Constitution (the supreme law of the land), created a federal government of strictly limited, enumerated powers when it was ratified by the people's delegates in their respective state conventions. These states were not created by the Constitution, beacuse they already existed.

As part of this new constitutional contract between the people of the several states, their respective state governments and the federal government, the people of each state (as opposed to one American people as a whole), delegated a few, carefully defined powers to the new federal government. They did so with the understanding that these powers could be revoked if necessary.

Furthermore, all the other powers which they did not loan to the federal government, they either retained for themselves or delegated back to their state governments. Each state's constitution differs slightly, but all of them guarantee their citizens a republican form of government.

Whenever the people who make up the federal government, either as individuals, as departments or as branches, exercise power not expressly delegated to them as specified in the Constitution, they are usurping the authority of either the states or the people. Why? Because as the 10th Amendment makes it clear:

"All powers not delegated to the United States, by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

The Bane of Free Governments

George Washington warned against the dangers of usurpation. He called it ‘the weapon by which free governments are destroyed". He urged Americans to guard against it and reject it for the evil that it is. In his farewell address, he wrote:

"If in the opinion of the People the distribution or modification of the Constitutional powers be in any articular wrong,let it be corrected by an amendment in the way which the Constitution designates.  But let there be no change by usurpation; for though this, in one instance, may be the instrument of good, it is the customary weapon by which free governments are destroyed."

As Obama likes to say, "Let me be clear". When the federal government steps beyond the boundaries that are specifically drawn around it by the Constitution and its amendments, it isn't abusing powers that it does have, it's usurping powers that it doesn't have.

Question: What should the people of the several states' reaction to federal usurpation be?  Answer: Swift and resolute action in the form of nullification and/or interposition by, with and through our state governments and their county and local subordinates.

In such cases, we must not exercise patience and wait to "Vote the bums out" in 2012 or even as soon as 2010! We should do that when the time comes, yes. But in the meantime, to allow our state governments to wait until the usurpers are removed from office through elections would be to consent to a dangerous dereliction of their duty to protect our constitutional rights.

What is Nullification?

In 1798, Thomas Jefferson wrote the Kentucky Resolutions in response to the Alien and Sedition Acts, which was one of the federal government's earliest acts of usurpation. An early draft of it began:

"The several states composing the United States of America are not united on the principle of unlimited submission to their general government" and "where powers are assumed which have not been delegated, a nullification of the act is the rightful remedy: that every State has a natural right in cases not within the compact, to nullify of their own authority all assumptions of power by others within their limits: that without this right, they would be under the dominion, absolute and unlimited, of whosoever might exercise this right of judgment for them"

Nullification is a state's decision to render a particular federal law that it deems unconstitutional void and inoperative, or non-effective, within the boundaries of that state. It is a process which can unfold in a variety of ways. It may involve formal legislation, or it may not. I could include court battles, but not necessarily. Interposition by state and local officials, such as your state's Attorney General or elected county sheriff might be required, but not always. A few times in the past, state nullification conventions have even been convened, but this has been the exception, not the rule.

The process of nullification will look different in each state, according to the particular issue and the social and political culture of that state's people. But understand, although it's not a 'silver bullet", nullification does work! Don't let anyone feed you a bunch of phony historical narratives. Do your own study of the history of nullification and see for yourself.

Finally, as George Washington wrote, let there be no change by usurpation! Instead, let us work with our elected state officials to nullify acts of federal usurpation and reclaim the sovereignty that is every American's birthright.

Copyright © 2010 by TenthAmendmentCenter.com. Permission to reprint in whole or in part is gladly granted, provided full credit is given.
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