Saturday, President Obama announced that the United States would join a coalition of nations to enforce a no-fly zone over Libya. I'll be honest, I haven't had time to do sufficient research to offer my final opinion on the no-fly zone itself or it's enforcement by the United States, so I won't take a position as of yet on that. Also, if you read my blog on Friday, you know what I think about President Obama's announcing that we wouldn't send ground troops. (1) However, regardless of you personally feel about the military action that the United States is undertaking, it must be noted that President Obama has ONCE AGAIN egregiously ignored the Constitution of the United States, and that is unacceptable.
To be sure, the President was absolutely certain to go the United Nations to gain the "international support" he spent years blasting President George W. Bush for not obtaining before actions in Iraq (since apparently Italy, Poland and Great Britain don't qualify as international support by Obama's definition). Yet he neglected to follow the Constitution of the United States! The Constitution of the United States Article I Section 8 SPECIFICALLY gives the right to declare war to Congress.
(Congress shall have the power) To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water. (2)
That means the President is Constitutionally required to obtain Congressional approval (via either declaration of war or by authorization via a War Powers Act). For those of you from Palm Beach County, FL, that means the President can't just go to war. Congress has to agree with him before starting military action.
But wait, Chris, isn't the President the Commander-in-Chief of the U.S. Military? Correct. President is indeed the highest rank in the United States Military. But let's see what the Constitution says about this aspect of the Presidency:
The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any subject relating to the Duties of their respective Offices, and he shall have Power to Grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment. (3)
All this says is "the President is Commander in Chief." It doesn't say he can use the military at his pleasure. Article I Section 8 of the Constitution makes that clear. The President MUST obtain the approval of Congress to utilize the United States military! Period.
Yet our President doesn't seem to think this is true. Ignoring the fact that the President sat on his hands until after France, of all countries, took the lead. France, the nation whose battle flag is all white, took the lead while the rest of the world sat there, waiting for America to lead Then, Mr. Obama agreed to support the international coalition in enforcing a no-fly zone over Libya. Again, I don't necessarily disagree with the action, and with the proper authorization from Congress, he is within his rights to do so. The problem is that the President needed to get a War Powers Resolution from Congress and he has shown absolutely zero intent to do so.
Anyone know where the "the President shall utilize the United States Military with the approval of the United Nations" section of the Constitution is located? What? It's not there? Darn right. This President has once again failed the Constitutional requirements of his office. He has refused to enforce a law which was duly passed by Congress and signed into law by the President and he has been declared to be in contempt of court over his deep water drilling moratorium. He has broken the law three times, all three of which are a violation of the United States Constitution.
Once again, the President of the United States has shown blatant disregard for the Constitution of the United States, all the while yielding the sovereignty of the United States to the United Nations. The President has blatant disregard for the powers that lawfully belong to him. To Barrack Obama, the Constitution seems to be a hurdle to be overcome so that he can do whatever he deems worth doing. This has been proven repeatedly.
I've said this before and I will say it again. The President has committed legitimate impeachable offenses and I believe it is time for the House of Representatives to draw up Articles of Impeachment against him. Nobody is above the law, not even the President. The Constitution is the law of our land, not the President's personal desires. Once again, I do not suggest impeachment without great consideration, especially in light of the fact that many of my counterparts on the left threw that word around like it was their job while George W. Bush was President. I believe that impeachment is to be used in the rarest of circumstances when the law has been broken. I also believe that the President has once again disregarded the Constitution of the United States, failing his oath of office to "preserve, protect and defend the Constitution of the United States." For this reason, I say again, the President should be impeached.
ADDENDUM:
President Obama just sent this letter to Congress
In this letter, President Obama did in fact contact Congress to inform them of his reasoning for committing our nation to combat in Libya. Technically he is living within the standards of the War Powers Resolution of 1973.
HOWEVER, precedent exists that each military action requires a fresh War Powers Resolution by Congress. That precedent exists since 1973 that Presidents obtain a fresh War Powers Resolution from Congress in such an instance, as was fulfilled by both President Reagan with Operation Urgent Fury in Grenada and President Clinton with Operation Desert Fox in Iraq. President George H.W. Bush in Operation Desert Storm and President George W. Bush in Operation Iraqi Freedom, for all intents and purposes, had full declarations of war.
What each of these Presidents have done, which Obama has not done, is seek the official approval of Congress. Obama has not. I must maintain that the President failing to consult Congress as the Constitution requires is an impeachable offense. For the third time, President Obama has failed his Oath of Office.
I must also maintain that the President subordinating the United States to the United Nations on this matter is inexcusable. Making this identical action two to three weeks ago would have likely helped tip the scales in the favor of the Libyan Rebels. Now it may be too little, too late. The President needs to lead, or get out of the way so that America can have a strong leader in the White House!
------------------------------------------------------------------------------------------------------------------
(1) Obama's Foreign Policy Weakness Shows on Libya
(2) United States Constitution, Article I Section 8 (Line 11)
(3) United States Constitution, Article II Section 2 (Line 1)
Showing posts with label impeachment. Show all posts
Showing posts with label impeachment. Show all posts
Monday, March 21, 2011
Monday, February 28, 2011
Rule of Law Applies to Liberals Too: That Means You, Mr. Obama
It's happening everywhere. Wisconsin Democrats are choosing to leave the State Senate rather than vote on an issue which the voters have already spoken on. The President of the United States is ignoring a court ruling against his signature healthcare law because he doesn't like what it says. The President also deciding NOT to enforce a law, the Defense of Marriage Act, because he does not approve of it. Judicial activism has failed, so now it's apparently time to ignore the law altogether!
I for one am sick and tired of this. Law abiding citizens everywhere are tired of it too. My friends, this is what it looks like when liberals are out of power. Liberals believe that power and enactment of their agenda is their sole right and privelege. Guess what, IT'S NOT! (Note, I am talking about liberals in elected office, not the well meaning individuals you we all encounter daily. Those people have good intentions and good hearts.)
The Constitution of the United States is the law of the land. The requirements of law listed within apply to ABSOLUTELY EVERYONE. Got it?
I've dealt with the issues of Obama's ignoring the ruling of Obamacare (1) and of Wisconsin Democrats (2). So let's talk about Obama's latest act of lawlessness: Declaring that the Defense of Marriage Act is unconstitutional and then stating that the Justice Department would not defend it. On February 15th, I asked if President Obama believed that he was ABOVE the Judicial Branch (which he is not). Today, I'm becoming convinced it's far, far worse. Obama seems to believe HE IS the Judicial Branch!
Lets make one thing very clear. The President of the United States DOES NOT have the power to declare a law unconstitutional! That right belongs to the Judicial Branch, not the Executive Branch. The President's job, above all else, is to enforce all laws of the United States. Every single darn one of them. Listed in Article II of the Constitution of the United States (3) is the Presidential Oath of Office:
Before he 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."
The President of the United States is required to fulfill the laws of the Constitution of the United States. Article I Section 7 (4) states that if the House of Representatives and the Senate both pass a law and it is presented to the President of the United States and that President signs that bill into law, that law is now the law of the land until it is repealed or altered.
For those of you from Palm Beach County, FL, that means that President Obama is required by law to enforce all laws of the United States. Period. Regardless of his feelings, regardless of the polls, regardless of anything else, the President MUST enforce this law. As President, he has the right to send a bill repealing the Defense of Marriage Act, and, due to longstanding legal precedent (that's "things that have been done for years and years" for those of you from Palm Beach County), Congress will, in fact, send that bill through the legislative process. (5)
Let me borrow an analogy from former Speaker of the House Newt Gingrich (6) to explain this in another way. Imagine that Sarah Palin is elected President of the United States in 2012 and takes office on January 20, 2013 (for the record, I devotely hope this happens). Let's say that at some point during her presidency, President Palin states that she believes that Roe v. Wade is unconstitutional and therefore it will not be defended by the Federal Government in any court of law.
What do you think the Drive-By Media would do? You don't have to be a prophet to figure out that they would cry for President Palin to be impeached and removed from office. As well they should, because the President does not have the right to declare a law void. I don't care where that President is conservative or liberal, Democrat or Republican. It does not matter. The President is not the arbitor of the constitutionality of laws!
I suspect this will not be the last time I make this statement, but Mr. President, who do you think you are? Enforce the laws. Regardless of whether or not you like them or even think they are constitutional. THAT IS NOT YOUR JOB!
I say what I said a week ago: MR. PRESIDENT, OBEY THE LAW OR YOU SHOULD BE IMPEACHED.
-------------------------------------------------------------------------------------------------------------
(1) The Arrogance of Obama: Who Do You Think You Are, Mr. President?
(2) Dear Wisconsin Unions: We had a Discussion - It Was Called an Election
(3) United States Constitution, Article II (the Executive Branch)
(4) United States Constitution, Article I (the Legislative Branch)
(5) For the record, any citizen of the United States can technically send a bill to Congress. If a member of the House of Representatives in the case of fiscal bills, or a member of either the House of Representatives or the Senate in the case of all other bills, is willing to sponsor said bill in their chamber, that bill can legally be considered by that house of Congress. For those of you from Palm Beach County, I'm sorry, I don't know how to word that more simply.
(6) "Gingrich: If Palin Took Obama Actions, There Would Be Calls for Impeachment" - Newsmax
I for one am sick and tired of this. Law abiding citizens everywhere are tired of it too. My friends, this is what it looks like when liberals are out of power. Liberals believe that power and enactment of their agenda is their sole right and privelege. Guess what, IT'S NOT! (Note, I am talking about liberals in elected office, not the well meaning individuals you we all encounter daily. Those people have good intentions and good hearts.)
The Constitution of the United States is the law of the land. The requirements of law listed within apply to ABSOLUTELY EVERYONE. Got it?
I've dealt with the issues of Obama's ignoring the ruling of Obamacare (1) and of Wisconsin Democrats (2). So let's talk about Obama's latest act of lawlessness: Declaring that the Defense of Marriage Act is unconstitutional and then stating that the Justice Department would not defend it. On February 15th, I asked if President Obama believed that he was ABOVE the Judicial Branch (which he is not). Today, I'm becoming convinced it's far, far worse. Obama seems to believe HE IS the Judicial Branch!
Lets make one thing very clear. The President of the United States DOES NOT have the power to declare a law unconstitutional! That right belongs to the Judicial Branch, not the Executive Branch. The President's job, above all else, is to enforce all laws of the United States. Every single darn one of them. Listed in Article II of the Constitution of the United States (3) is the Presidential Oath of Office:
Before he 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."
The President of the United States is required to fulfill the laws of the Constitution of the United States. Article I Section 7 (4) states that if the House of Representatives and the Senate both pass a law and it is presented to the President of the United States and that President signs that bill into law, that law is now the law of the land until it is repealed or altered.
For those of you from Palm Beach County, FL, that means that President Obama is required by law to enforce all laws of the United States. Period. Regardless of his feelings, regardless of the polls, regardless of anything else, the President MUST enforce this law. As President, he has the right to send a bill repealing the Defense of Marriage Act, and, due to longstanding legal precedent (that's "things that have been done for years and years" for those of you from Palm Beach County), Congress will, in fact, send that bill through the legislative process. (5)
Let me borrow an analogy from former Speaker of the House Newt Gingrich (6) to explain this in another way. Imagine that Sarah Palin is elected President of the United States in 2012 and takes office on January 20, 2013 (for the record, I devotely hope this happens). Let's say that at some point during her presidency, President Palin states that she believes that Roe v. Wade is unconstitutional and therefore it will not be defended by the Federal Government in any court of law.
What do you think the Drive-By Media would do? You don't have to be a prophet to figure out that they would cry for President Palin to be impeached and removed from office. As well they should, because the President does not have the right to declare a law void. I don't care where that President is conservative or liberal, Democrat or Republican. It does not matter. The President is not the arbitor of the constitutionality of laws!
I suspect this will not be the last time I make this statement, but Mr. President, who do you think you are? Enforce the laws. Regardless of whether or not you like them or even think they are constitutional. THAT IS NOT YOUR JOB!
I say what I said a week ago: MR. PRESIDENT, OBEY THE LAW OR YOU SHOULD BE IMPEACHED.
-------------------------------------------------------------------------------------------------------------
(1) The Arrogance of Obama: Who Do You Think You Are, Mr. President?
(2) Dear Wisconsin Unions: We had a Discussion - It Was Called an Election
(3) United States Constitution, Article II (the Executive Branch)
(4) United States Constitution, Article I (the Legislative Branch)
(5) For the record, any citizen of the United States can technically send a bill to Congress. If a member of the House of Representatives in the case of fiscal bills, or a member of either the House of Representatives or the Senate in the case of all other bills, is willing to sponsor said bill in their chamber, that bill can legally be considered by that house of Congress. For those of you from Palm Beach County, I'm sorry, I don't know how to word that more simply.
(6) "Gingrich: If Palin Took Obama Actions, There Would Be Calls for Impeachment" - Newsmax
Subscribe to:
Posts (Atom)