The sum total of the Constitutional domestic authority of the president is contained in Article Two, Section 3, of the Constitution of the United States: “[H]e shall take care that the laws be faithfully executed, and shall commission all officers of the United States.”
- Obama has no right to any domestic “agenda,” and no reason to be “frustrated” if he can’t convince Congress to pass his legislative ideas – it’s not their job; they are there to represent We the People – 320 million of us, not Him the president – one man. He’s only there to enforce the laws passed by the representatives of We the People– nothing more, nothing less.
- As one we elect only to enforce laws, Obama has no authority to bend citizens to his personal desires via executive orders – which is nothing less than tyranny masquerading as legitimate power.
- Obama has no authority to change immigration law.
- Obama has no authority to alter laws passed by Congress and signed by him, or to ignore laws signed by a previous president.
- Obama has no right to force us to buy something, nor does a Congress or SCOTUS acceding to his will.
- Obama has no authority to investigate or dictate how States run elections, a power reserved by the States on creating the federal government by ratifying the Constitution, other than as defined in the 14th Amendment.
- Obama has no authority to alter the composition of neighborhoods for racial “equity” – or for any other reason.
- Obama has no authority for any action in the private market regarding guns – or to violate the Constitutional prohibition on infringement.
- Obama has no authority to spend money on anything not appropriated by Congress, with very few, specific exceptions.
- Obama has no authority to override the 4th Amendment. (And Congress has no authority to create secret courts via legislation, the use of which is a violation of the 5th Amendment.)
- Obama has no authority to withhold information from Congress and We the People – who really are in charge around here, at least according to the Constitution.
The Constitution is the “supreme law of the land.” It is silent on any “agenda” for the president for the simple reason that an agenda is not the role of the president in our republic.
The president isn’t a king, he is bound by laws passed by We the People through our representatives in Congress, and by the Constitution.
Obama has no authority or responsibility, or Constitutional power to do anything other than execute the laws as passed by Congress. “All legislative Powers herein granted shall be vested in a Congress…”
(Tangentially, Merriam defines “legislation” as: “the action of legislating; specifically [emphasis in original]: the exercise of the power and function of making rules (as laws) [emphasis mine] that have the force of authority by virtue of their promulgation by an official organ of a state or other organization.” See that word “rules”? Congress has no authority to devolve legislation to the Executive Branch by calling it “rules” or “regulations,” as these “regulations” are legislation in all effects. Merriam defines “regulation” as: “a rule or order issued by an executive authority or regulatory agency of a government and having the force of law.” Repeat: “having the force of law…” Passed by government and capable of infringing on your liberty and property, Executive Branch regulations and the entire regulatory apparatus of the Executive Branch are a violation of the first sentence of the first Article of the Constitution of the United States. If Congress wants regulations to exist, they need to go through the work of, and be accountable for, creating those regulations via appropriate legislation.)
Every single domestic act Obama does – every single one – that is not supported by legislation passed by Congress is lawless, unconstitutional, and in violation of the Oath of Office he is required to take in order to be seated as president – regardless of the vote of the American citizens.
“Before he [the president] enter on the execution of his office, he shall take the following oath or affirmation: – ‘I do solemnly swear (or affirm) that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect and defend the Constitution of the United States.” Article 2, Section 1.
“… he shall take…” [emphasis mine]. The oath is not optional. Nor is obeying it.
If the president refuses that oath – or violates it – he is not constitutionally qualified to hold the presidency, even if he receives 100% of the vote of the citizens and the Electoral College: “he shall take.”
When Obama takes these actions, he is in violation of the Constitution he is charged and takes an oath to uphold.
And when the Executive violates his role, his authority, his trust, it is the responsibility of the Congress to remove him via impeachment.
Is impeachment optional? No. Congressional Representatives take the same oath, and are as – or more – responsible for the protection of the Constitution than is the president for the reason that, being elected every two years they are that part of the federal government that is closest to the will of the people whose liberty is protected by that Constitution. Not impeaching Obama for his lawlessness is an abdication of their oath of office, of their legal responsibility as our legislative branch of government, and of their legal and moral standing as those We the People choose to represent us in our system of self-government. Rejecting their oath disqualifies them from office, as well, as their office, too, is predicated on taking – and obeying – an oath to the Constitution.
“The President… shall be removed from office on impeachment for, and conviction of, treason, bribery or other high crimes or misdemeanors.” Article Two, Section 4.
“… shall be removed…”
Obama has usurped unprecedented power. He has not usurped authority, for no authority exists for much of what he has done, not for Congress, the judiciary nor the executive. He has grabbed power blatantly, uncontrollably, increasingly and unaccountably.
And no one is stopping him.
It is the responsibility of Congress to ensure the Executive Branch remain co-equal and not achieve primacy over the other two branches of our government, by jealously guarding their legislative prerogative. Can Congress take a pass on their responsibility for oversight of the Executive Branch, their responsibility to impeach a lawless president harming the Constitution and our laws & liberty? No. One can delegate authority; one cannot delegate responsibility.
Even liberal Democrat voter, Obama supporter and Constitutional scholar Jonathan Turley, testified to Congress,
“The danger [to the liberty of American citizens] is quite severe. The problem with what the president is doing is that he is not simply posing a danger to the Constitutional system, he is becoming the very danger the Constitution was designed to avoid.”
The “quite severe” danger of the acceptance of an imperial president is not partisan; it is to our liberty, the foundation of America. America is not a geography. America is an idea. And that idea – self-government of, by and for the people, is under direct attack by Obama and those refusing their Constitutional role to protect our liberty from tyranny. Any president endangering our liberty by usurping power that office – by design – lacks, whether that president be Democrat or Republican, male or female, endangers the individual liberty that is America, and is a domestic enemy of our Constitution and its protections.
Obama has not been removed legislatively for two reasons: Congress lacks the fortitude to act, and overturning an imperial executive is against the interests of “both” ruling parties.
The idea that the GOP opposes any Obama action is absurd: they vote for his policies, they vote for his spending, they allow non-appropriated funding of his “czars,” they refuse to impeach him when he becomes lawless, disobeying his oath, their oaths, their laws and our Constitution.
Any idea that the GOP is not desirous of the totalitarian government Obama has created with their assistance – at best an oligarchy, at worst a despotism – does not withstand scrutiny of budgets, policy or lack of action on serious – dangerous – precedents set in using our government against us by the IRS, BATFE, DoJ, EPA, Social Security, FEC, NSA and other federal agencies, including the damage Congress is doing to our future by spending trillions of dollars we don’t have in order to buy votes – any idea that our “anti-poverty” programs are anti-poverty also does not survive scrutiny; their purpose is solely to buy votes for those in power today.
Any idea the Supreme Court would remain an independent third branch of government under this new despotism disappeared with the various Obamacare holdings as to the authority of the president to override by unilateral alteration the laws as passed by Congress, and the idea that free citizens can be forced by their government to spend their money – the result of their labor – on anything. Being forced to labor for a particular thing is slavery, period. If for no other reason, Obamacare is unconstitutional as it is a violation of the 13th Amendment.
Obama took that first, small step toward lawlessness and no one stopped him, so he took a larger step. And no one stopped him. He now is running at full-speed and will not bind himself to our laws and Constitution voluntarily. Stopping him will require actions, not words. And it is time to act.
Any idea that Congress would or will hold accountable Obama for the actions of – his – Executive Branch, disappeared when no one – ever – was held accountable for F&F, IRS, Benghazi, or in the innumerable stonewalls of information the executive lacks legal or constitutional authority to withhold.
The Constitution provides another removal avenue, and that is the military. Every serving and former member of the military services of the United States took an oath to “…protect and defend the Constitution of the United States against all enemies foreign and domestic…”
The oath of the military is not to the president; it is to the Constitution, the “Supreme Law of the Land” that Obama blithely tramples with every EO, with every act unsupported by Congressional legislation, with every alteration or implementation of his desires over the Rule of Law. Every action taken by Obama that is in violation of our Constitution is the act of an enemy of that Constitution.
That the military refuses to act on their oath shows only that they have become a praetorian guard (“household troops of the Roman emperors”), and that they have rejected their constitutional role as protectors of our Constitution, our form of government, our laws, our liberty, our freedoms – and our way of life.
The argument of many that the military cannot act outside the Chain of Command, at the top of which sits Obama, is absurd – were that the case their oath would be to the president. Having witnessed Benedict Arnold (perhaps General George Washington’s premier combat general and certainly among those with the background and recognition to become president), the Founders knew no man could be entrusted with the power of the military – it’s the same reason only Congress can declare war. The Founders knew that the military equally could not be under the power of one man other than in combat, which occurs too fast and too distant to be run by committee, and is the – only – reason the president is the Commander in Chief. It’s the reason the oath of the military is to the Supreme Law of the Land and not to the president.
The military has an oath to defend our laws. The military is refusing to act on their oath. It is that simple. (Where did I study the role of the military? As a Cadet at the United States Air Force Academy.)
Two constitutional, legal avenues exist for citizens to protect our liberty and our nation. When both are rejected by the authorities of those avenues – Congress and the military – a third way exists. It is the same way America freed itself from a former tyrant who lacked the power over Americans that this president has usurped: King George III, against whom we fought the American Revolution for the same reason: Liberty.
We are a nation of laws, or we are a nation of power. There is more power in the hands of the people that in the hands of the few usurping our laws, our liberty, our nation.
If those in power reject law, we can – and must – as well; it is the only way to return to the Rule of Law: to take power from the hands of the usurpers and return it to the People – just as did the Founders.
Given that our ruling class knows at least some history, and that history shows that when law no longer exists, revolt and violence become the norm, it is difficult to understand why they are pushing so hard against our laws – unless they have concluded that we are sheep uncaring of liberty…
But it also is difficult to understand why We the People have allowed this to go on this long…
Americans must choose: We can accept the rising tyranny of our own government, a government that has “forgotten [its] place” as our servants.
But no third choice exists.
“It is better to die on your feet than to live on your knees.”
What is it going to be, America?
Living on our knees as subjects to a lawless emperor and his legislative and judicial lackeys, or fighting – again – to live on our feet as free citizens walking in liberty we will – only then – be able to leave to our posterity?
“Freedom is never more than one generation away from extinction. We didn’t pass it to our children in the bloodstream. It must be fought for, protected, and handed on for them to do the same, or one day we will spend our sunset years telling our children and our children’s children what it was once like in the United States where men were free.”