President Obama Violates Constitution

April 5, 2010

By David A. Black, Sr.

Although I disagree with President Obama’s policies, and his political agenda, until now, he has not violated the Constitution.  (The Stimulus and the Healthcare bills are definitely arguable) However, that has now changed.

During a scheduled recess of Congress, President Obama used the opportunity to make 15 recess appointments to administrative positions that would normally require Senate confirmation.

In a written statement, the President declared, “The United States Senate has the responsibility to approve or disapprove of my nominees. But if, in the interest of scoring political points, Republicans in the Senate refuse to exercise that responsibility, I must act in the interest of the American people and exercise my authority to fill these positions on an interim basis,”

The President is quoted by FOX News as saying, “At a time of economic emergency, two top appointees to the Department of Treasury have been held up for nearly six months,” he said. “I simply cannot allow partisan politics to stand in the way of the basic functioning of government.”

President Obama went on to note that former President George W. Bush made 15 recess appointments by this point in his presidency, then claimed that the former President was not facing the same level of obstruction.

Does the President have the authority to make “recess appointments?

In Article II, Section 2, Clause 2, of the Constitution, we find that,

“…and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for…”

Article II, Section 2, Clause 3, goes on to state,

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

So let’s take the Constitution for what it actually says for once, instead of what some want it to say for their own political purpose, or as a method of promoting their personal agenda.

According to the Constitution, as quoted, “the President shall have the Power to fill up Vacancies THAT MAY HAPPEN DURING a Recess of the Senate,”

The Founders did not intend this sentence to serve as a method for the President to get around the authority of the Senate to provide “Advice and Consent” of Presidential Appointments.

The sentence was put in place for the President to make temporary appointment to key administrative positions when they become vacant during a recess of Congress.

The vacancies filled by Obama’s ‘recess appointments’, have existed since the President took Office.  They did not happen during the “Recess of Congress”.

The fact that the President does not like “partisan politics” holding up the advancement of his agenda, or that some may be doing so to “score political points”, has no bearing on the subject.  The President needs to get over it.

The fact is, there is NO provision in the Constitution for the President to override the authority or the responsibilities of the Senate.  That would have opened the door for a dictatorship, and that was one thing the Founders were attempting to avoid.

The idea of pointing out the errors of his predecessor does not make the action legal under the Constitution.  These appointments, made by President Obama, are a direct and blatant abuse of the Power of his Office, and a willful violation of the Constitution.

Is this an impeachable offense?

According to the Constitution, Article II, Section 1, Clause 8,

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.”

Accordingly, the President must take the ‘Oath of Office’ to “preserve, protect, and defend the Constitution” to the best of his ability.  President Obama has publicly reminded the nation, on several occasions, that he taught Constitutional Law at the University level in Illinois.  Therefore, it is safe to assume that the President should be fully aware of the intent of Article II, Section 2, Clause 3.

Article II, Section 4, states,

The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.

Article VI, Clause 2, states,

This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.

Therefore, Article II, Section 2, Clause 3, as part of the Constitution, is Federal Law. Any action that willfully and purposefully violates the Constitution, by using the provision to usurp the Authority of the Senate, is a Federal Offense.

It is time for the Government to understand that the ‘Powers of Government’ do not lie solely in the three branches of Government.  The Constitution provides for the Executive, the Legislative, and the Judicial branches.

However, under the ninth and tenth amendments, the Constitution also provides for the Several States and the People to be active participants in shaping our Government and legislation

Therefore, it is part of our civic responsibility to monitor the actions of the individuals elected to Office, and take action when necessary.

Amendment IX – The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.

Amendment X – The 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.

It is time for the President to be introduced to the Power of the People.

The Constitution points out, in Article I, Section 1, Clause 5,

The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment.

Article VI, Clause 3, states,

The Senators and Representatives before mentioned, and the Members of the several State Legislatures, and all executive and judicial Officers, both of the United States and of the several States, shall be bound by Oath or Affirmation, to support this Constitution;

I am sending a letter, defining the points of this article, to my Representative in the House.  I am demanding, under the Authority of the Constitution, that my Representative formally begin the process of forcing the President to rescind his “Recess Appointments”.  If the President refuses to act accordingly, I am demanding that my Representative begin the process of impeachment for the willful and deliberate usurpation of the Authority of the Senate under Article II, Section 2 of the Constitution of the United States.

Please join me and do the same.

To receive a copy of the letter I wrote to my Representative, make a request in the comments box.  I will reply to all that I can.  Thank you.

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President Obama’s Biggest Failure and Success

March 3, 2010

Approximately one year ago, Rush Limbaugh countered Barack Obama’s continuing mantra of “Hope and Change” with a Hope of his own, that President Obama’s Socialistic agenda fails.

Although Mr. Limbaugh articulated his message clearly, the “left” could not break the habit of misconstruing his words, and soon there was an all out media blitz.  With the simplest of ease, any grade-schooler could have put together a seemingly endless montage of media ‘talking-heads’ stating; “Rush Limbaugh says he hopes the President fails.”  Very few in the media defended Mr. Limbaugh’s statement.

Even the First Lady, Michelle Obama, jumped on the ‘Rush-bashing’ bandwagon, obviously suffering from willful ignorance, when she aped the media in wrongfully citing Rush’s statement, and then claimed; “If the President fails, then America fails.”  Then asked, “Is that what you want for this country?”

President Obama has complained, on numerous occasions, about “inheriting” a financial meltdown.  However, not once has President Obama admitted that, as a member of the Senate, he helped create the very meltdown he fully credits to the former President.  According to the rants of President Obama, and members of his administration, President Bush was an absolute failure.

Watch it!  Mr. President, you are on the verge of contradicting your wife.  Mrs. Obama informed us that, beyond a doubt, if the President fails, so too, does the country.  Should America assume that you, Mr. President, or your wife, believes that our proud nation is a failure?

Oh, that’s right.  President Obama already explained that we were in a tailspin, spiraling out of control, when he took the helm.  But for his brave and determined actions, America was destined for absolute ruin.

So, what bold, great actions can we attribute to President Obama that has turned our nation from the path of destruction to a soaring success?  Let’s examine what the President has accomplished in his first year in the Oval Office.

We have watched the President travel all over the world, and listened to him badmouth America at almost every stop.

We have listened to President Obama’s adolescent like claims, that former President G.W. Bush is single-handedly to blame for all of the problems our nation faces today.

We have watched him gratefully accept gifts that denounce America, while he tries to earn ‘Brownie Points’ from our communist foes.

We have experienced national embarrassment when he bowed to foreign leaders, not once, but on at least two separate occasions.

Although partially successful, by inflicting damage and creating an atmosphere of control in some financial institutions, President Obama failed in his attempt at a hostile Government takeover of Wall Street.  After the Presidents support of the “Financial Bailout”, with a ‘sky is falling’ mentality, the President, who claimed he did not want to run the banks, turned around, and in his next breath appointed new bank executives, began dictating salaries, and refused banks that offered to pay back the money, borrowed by the Government to initially “lend” to the banks.  Even now, many banks are trying desperately to rid themselves of government intervention.

The President has succeeded however, in partnering with the Labor Unions, most significantly in the act of taking control of a large portion of the American auto industry, namely General Motors and Chrysler.  His latest commitment to this partnership is in naming Union Boss, Andrew Stern to his newly formed Debt Commission.

Then there is the failed ‘Stimulus Bill’.  The President was sure that the stimulus bill had to be passed immediately.  Without a stimulus, America was going to fail.  Unemployment was going to rise to over ten percent, we needed to supply more money into the public because the financial institutions were on the verge of ‘post-bailout bankruptcy’, threatening devastation to the taxpayers.  Businesses were shutting down, bailed out banks were not lending money, the housing industry was sinking like a lead balloon, people were losing their homes, livelihoods, and the promise of a future.

President Obama and the Congressional Democrats forced their will on America, and passed their $1 trillion ‘Stimulus Bill’.  After unaccountably spending some 20% of the money, nothing has changed except the size of our nation’s unsecured debt.

Reported unemployment still jumped to over ten percent, financial institutions continue to fail, people continue to lose their homes and livelihoods as companies close their doors at a rapid pace, and our financial future looks very bleak.  As to overwhelming expenses to the taxpayers, we do not even know how much it will cost for what the Government has spent until now, let alone where they have spent it.  So much for the promise of transparency and accountability.

Ironically, when it comes to spending America’s money on socialistic government programs, such as bailouts, stimulus, and efforts to socialize healthcare, President Obama is fearlessly bold and willingly decisive.  He rushes headlong into promoting the most socialistic of programs with an urgency only matched by con artists, or Circus Callers yelling, “Hurry!  Hurry!”

However, in matters affecting our national security, and supporting the troops, deployed at his command, the President’s resolve wavers.  Instead of remaining brave and determined, as is his Constitutional responsibility, he demonstrates a lack of intestinal fortitude, taking months to make a decision such as that regarding the deployment of reinforcements in Afghanistan.

The President consistently proves to be unwilling to commit to actions against our nations invaders and enemies, yet has boldly circumvented the Constitution.  Instead of nominating people to necessary offices, and allowing the Senate to fulfill their Constitutional duty of providing “Advice and Consent” through the confirmation process, the President, in performing his few successes, unflinchingly named Czars.

So, the President has, in his first year in the Oval Office, taken control of a large portion of one of the last remnants of American industrialization in the auto industry, and partnered heavily with the unions.  He has attempted to takeover the financial industry, committed to unprecedented spending, committing our future generations to an unsustainable burden of debt, and continues his attempts to take control of our healthcare industry, or financially speaking, up to 15% of our nation’s economy. No communist mentality here.  But, I digress.

All of this said, President Obama’s biggest failure is that he has no comprehension of what America is, or what makes the People of our nation great. 

President Obama fails miserably in understanding that America is envied and loved, the world over, for her iconic representation of Liberty, individual Freedom, and the promotion of Independence. 

The President fails to understand that our common conviction to these core values is what makes America great; that individuals believe so strongly, they are willing to pay the ultimate sacrifice to protect these values, not just for our own Freedom, but for that of our families, friends, and neighbors; and yes, for our country.

The President fails to understand that Freedom allows for different political ideologies, but that these core components of our belief may not be jeopardized, for they are the foundation of our country, and every American.

Amazingly, the President’s biggest success is derived from his biggest failure.  President Obama, with a little assistance from his leftist base, has roused the “Sleeping Dragon”, galvanizing America into action.  The President, along with the Congressional Democrats, have given voice to the “Silent Majority”, causing conservatives to rally around our liberty and freedom; and we are fighting mad.

American’s are standing up, united in telling the Government,

Stop!  We are fed up with politics as usual!  American Government is out of control and we are not taking it anymore!  We will not stand by and idly watch incompetent politicians destroy our nation, or our children’s future.

Government has overstepped it’s permissions and authority and we the People are demanding it’s members to cease and desist all such activities.  If Government refuses to listen, we the People will exercise our Constitutional Authority and take back control of our nation!


The Real State of the Union

January 29, 2010

By David A. Black, Sr.

President Obama gave his first State of the Union Address yesterday evening. For the most part, I must say, the speech was far from impressive; just more of the same dribble we have come to expect.

We listened to him attempt to recognize the hardships faced by the middle-class, cite to some letters, or experiences which were personally related to him, as he demonstrates his compassion for the little guy, and then claim he is working diligently to solve the problems of the nation.  I may be too critical, but I thought he ran as a candidate for change.  I thought he promised to shake things up in Washington.  For some reason I seem to recall that he was not going to get caught up in “politics as usual”.

Then why was the content of his speech so predictable?  All we heard was the same old, same old.  The list goes something like this;

  • I understand the problems of America.
  • I inherited a mess that is worse than we expected.
  • I have outlined a plan to solve your problems and the Republicans are fighting us every step of the way.
  • America is tired of “partisan politics”; more is expected from us.
  • Feed the “class envy monster” to keep the societal divisions strong.
  • The American Spirit is strong but the government is not responsive to the needs of the country.
  • It will be expensive, but I am here to fix the nation and blame everyone else for not heeding my advice.

Sound familiar?  We hear the same speech every time President Obama stands up to the teleprompter.  He even went into the standard “rope-a-dope” tactic of trying to identify with his opposition, citing the following points.

  • A need to cut taxes.
  • Comprehending that small business is the backbone of America and is vital in solving the unemployment.
  • Need to allow off-shore drilling.
  • Need to develop nuclear power.
  • Pursue alternate forms of energy but that they need to be profitable instead of just another form of taxation.
  • Institute policies to keep large companies here instead of taxing them into moving to other countries.
  • Seeking more marketing opportunities. (this almost sounds like embracing a free market)
  • Increase the excellence of education instead of rewarding the failures of the NEA.

Of course, President Obama rattling off these points, as reading from a depth chart, only served to highlight that all of these issues, sought by Conservatives for years, is what is right for the country.

However, it was only a feign.  Immediately the President slipped back into his comfort zone, taking on a “never say die” mentality in regards to Health Care Reform, we have a deficit because Bush failed to pay for two wars, and I know I added more than $1 trillion to the deficit, but it was the right thing to do.

This was a nice way to lead into pretending to identify with “average America” that is forced to tighten their belts, by announcing that “like any cash-strapped family, we will work within a budget to invest in what we need and sacrifice what we don’t”.  Therefore, the President is proposing a Congressional Spending Freeze for next year.  Not now, like you cash-strapped families must do.   The President promised to do this next year, after America has forgotten what he said. And besides, cuts to save an estimated $25 billion, which we all know is terribly optimistic, and in no way begins to compare to the $1 trillion he has already added to the deficit.  Do you have any idea what that actually costs the taxpayers after calculating the interest we will pay on the additional spending?

Alright, I cannot go on any further.  I listened to the President attempt to revive his socialistic ideology, refusing to recognize that America is rejecting it.  So, I will take the opportunity here to explain a few points the President and Congress need to figure out, according to me.  Then he can get back to us about truly moving the country forward.

  • This President has increased the deficit by over $1 trillion, and until he assumes absolute transparency, and details how he intends to make his plans work, he is simply trying to spend America into a form of socialism.  If you truly want to help America recover, cut taxes, stop irresponsible, unconstitutional spending, and get out of the way.  Other than that, it is not your job.
  • The President still wants Socialized Health Care and views the recent rejection of it as a “political kink”, just a minor setback.  The fact is, most Americans agree that we need Health Care Reform.  We want affordability, accessibility, transportability, and a true referendum on Tort Reform.  What we do not want is government involvement.  Legislate these four issues, and leave it alone.  Quit trying to use our Health Care as another way to usurp our liberty and assert control.  We are NOT having any part of it.
  • He claims he is persistently trying to keep our country secure from terrorism, while in practice he is behind giving terrorists the protection of Miranda Rights after failed attacks on our citizens.
  • The President claims to support our military, yet he dragged his feet in authorizing additional troops to reinforce those deployed in Afghanistan.

The President does not support our military.  He sees the military as a “social experiment”.  You want proof?  The President said he wants Congress to repeal the law banning openly gay military service.  Anyone who understands the military knows the military is a fighting force, in place to protect our country.  There is no place for open homosexuality within the ranks, just as there is no place for heterosexuality in the military.  The military is NOT a social experiment, it is a protective service provided for the defense of the country.

Now he wants First Lady Michelle Obama along with Jill Biden to forge a national commitment to military families.  The fact that they are to “forge” this commitment identifies it is a new concept to the President.

Most of America has always been committed to our military.  What we want from the Commander in Chief is a clear and definite purpose for the mission he sends our military to accomplish, what constitutes victory, how he intends to be victorious with the least cost of American Lives possible, maintaining an allegiance to those being sent to face a declared enemy, instead of appearing to protect the enemy.

  • The President is quick to announce his willingness to work with other countries through the United Nations.  This makes sense due to his obvious support of subjecting America, and our citizens, to a form of “Global Authority”, regarding environmental policy, thus diminishing our sovereignty as a nation.  What will it take to convince this President that the policies being bantered about, at the UN, are proposals to punish America for our exceptionalism?

What this President, and the Liberals in Congress fail to understand, is that America is truly a sovereign nation of great People.  What makes us great is that we all believe in a common belief, Individual Freedom, established by the Declaration of Independence, and protected by the Constitution of the United States.

America is suffering today, because too few politicians read the Constitution for what it actually says, and instead read it for what they want it to say, or pervert it into something other than that which it was intended.  Modern politicians believe they are elected to legislate “one size fits all solutions” to every issue known to man, while the Constitution was implemented to limit Government to very specific functions.

If the President, and Congress alike, truly want America to succeed, might I suggest they read our founding documents, understand them for what they say, and do it.  Pretty simple, actually.