Wednesday, February 16, 2011

Obama in Contempt of Court: Constitutional Crisis Looming

The story broke about two weeks ago now: a U.S. District Court Judge Martin Feldman (1) has held the Executive Branch of the United States (that's the President for those of you in Palm Beach County, FL) in contempt of court for failure to comply with his ruling striking down a moratorium on deep water drilling in the Gulf of Mexico. (2) Officially, it's the "Department of Interior," but let's face it; it's the President who issued the Executive Order.

Between this and U.S. District Court Judge Roger Vinson (3) ruling Obamacare Unconstitutional (4) in January, President Obama's legislation (I use this term loosely, the moratorium was via executive order) is dropping like flies. Such is our Constitutional system of checks and balances, right? This sort of thing is supposed to happen so that our freedom might be protected, right? That would be true if Mr. Obama showed any signs of intending to abide by these rulings! Shortly after Judge Feldman struck down the moratorium, the President immediately issued a new executive order with a new moratorium. Further, he's shown zero sign of abiding by the striking down of Obamacare.

To be clear, Obamacare is, legally, no longer the law of the land. The law was ruled void by a U.S. District Court judge. That ruling can be overturned, but until that happens, it is not a law. It is nothing. States are not required to implement or enforce it. In fact, they would be legally in contempt of court if they DID implement and enforce it! Obama's plan? Apparently ignore this ruling completely! It's as if he hasn't heard that the law was voided. He keeps pushing it forward.

This begs the question: Does President Obama think the Constitution does not apply to him? Does he believe that he is above the law? Perhaps he thinks that the Executive Branch is a higher authority than the Judicial Branch? Do I sound absolutely furious about the President's actions? That's because, as a Conservative, as a Constitutionalist, AS A PATRIOTIC AMERICAN, I am most definitely extremely furious! (Yes, I know the definition of "furious" is "extremely angry." I chose that phrase intentionally.) Mr. Obama, YOU ARE NOT ABOVE THE JUDICIAL BRANCH!

The truth is that President Obama is breaking the law by ignoring these rulings and trying to continue with his agenda. It is no different than if the President attempted to block a law from being instituted if Congress were to override his veto of a bill to enact said law. There is only two legal ways that a ruling of the Judicial Branch can be overruled. The first is if a higher court within the Judicial Branch overturns that ruling. This has not happened with either of these rulings, thus both these rulings stand. Secondly, the Constitution can be amended. This can be done via a Constitutional Convention wherein the registered voters of the United States elect delegates to said Convention, or the United States Congress and the legislative branches of the individual states can enact the law through those bodies voting. If via the Legislative Branch route, such amendments must be passed by a 2/3 majority in both the House of Representatives and the Senate and then be ratified by a 3/4 majority of the states. Or, if via Constitutional Convention, 3/4 of each state must have their delegates ratify the amendment. Sound difficult? It’s supposed to be! The Constitution is designed to be amended only by way of a super-majority!

This whole situation has been swept under the rug by Obama's willing accomplices in the Drive-By Media and has been pushed aside by some in the New Media because of the unrest in Egypt. This issue needs to be pushed and pushed hard. The reason I say this is because President Obama is flat-out BREAKING THE LAW. He may believe he is above the Judicial Branch but he is not. So now I must break out a word that gets overused by far too many on both sides of the aisle who don't understand the legitimate Constitutional implications: impeachment. There, I said it. The word "impeachment" is thrown around any time someone on one side of the aisle dislikes a President's policies. Let me be clear: impeachment IS NOT a national recall of a President! President's serve their term, unless they commit "high crimes and misdemeanors."

If Obama does not comply with these rulings of the Judicial Branch and continues to implement these two unconstitutional laws, I believe Obama truly ought to be impeached and removed from office. I do not say this lightly, but disobeying a direct injunction or court order is a felony. The Obama Administration is currently in contempt of court for the President's actions ignoring Judge Feldman's ruling in Louisiana. And if the President continues to try to implement Obamacare, he can expect that Judge Vinson will also hold him in contempt of court.
This issue spans far beyond politics. This isn't about a Liberal President disobeying a ruling from a Conservative Judge. This is about rule of law. As a card-carrying member of the 912 Project, I'd like to quote #5 of the 9 Principles of that organization:

"If you break the law, you pay the penalty. Justice is blind and no one is above it." (6)

By committing the crime of contempt of court, President Obama is in fact committing a felony. The Constitution of the United States is clear that the President of the United States should be impeached if there is just accusation of "high crimes and misdemeanors." (For those of you in Palm Beach County, Florida, "high crimes" = "felonies".) The Constitution further states that if the President is convicted of said high crimes and misdemeanors, he should be removed from office. No one is above the law, and that includes the President of the United States. I take no pleasure in this call for Obama to comply or be impeached, but I do believe it is right. The President is not above the rule of law!

I grant you, the Obamacare ruling will eventually end with the Supreme Court of the United States. I also believe that the Court will strike down Obamacare, likely by a 5-4 decision (Chief Justice Roberts, Justice Scalia, Justice Thomas, and Justice Alito are, in my opinion, locks to vote down this law. I believe Justice Kennedy will join his fellow Republican Appointees in striking down this law). I also grant you that even a President as arrogant and narcissistic as Barrack Obama is not arrogant and narcissistic enough to try to ignore a Supreme Court ruling. (Andrew Jackson, you get to remain the sole member of THAT club.)

Since the Drive-By Media has absolutely ignored this fact, and the national New Media has been (understandably) distracted by the news in Egypt, we here in the blogosphere, on Twitter, on Facebook, in our lives, need to start this conversation and continue it loudly. We have a President of the United States who believes that he outranks the Judiciary, who believes he is above the Constitution. This must not stand!

Mr. President, you must comply with the rulings of these courts, or you should be impeached.


(1) Judge Martin Feldman - Wikipedia Article

(2) "Judge holds Interior in Contempt of Court" - Denver Post

(3) Judge Roger Vinson - Wikipedia Article

(4) "Judge Rules Health Care Law Unconstitutional" - Fox News

(5) We Surround Rochester

(6) "What is the 912 Project?"

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