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.


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.


Health Care Reform Act of 2010; Dead On Arrival

January 21, 2010

David A. Black, Sr.

Leading the way to truly reforming Congress, the Commonwealth of Massachusetts elected Republican Senatorial Candidate, Scott Brown to fill a Senate Seat held by a member of the Kennedy Family for 50 plus years.  I guess Massachusetts agreed with Mr. Browns assessment that he was not running for “Kennedy’s Seat”, but rather the “People’s Seat”.

As a matter of fact, Senator Brown beat the ‘media, odds-on favorite’, Democratic Candidate, Martha Coakley by a decisive 5% margin, giving a climactic ending to a race featuring an incalculable long-shot.  This, even after President Obama came to town, stumping for Coakley and ‘dissing’ Brown because he drives an old pick-up truck.  Sure makes you wonder who is out of touch with the People.

The election of a Conservative Republican, in a State largely held by Democrats, has significant meaning.  For instance, we can draw from the election result is that Massachusetts gave the nation Hope for real Change in American Politics.

It is really too bad that Representative Barney Frank, of Massachusetts, does not understand the message the voters of his State sent to Congress.  Rep. Frank thinks the necessary Change is to require 67 votes to block a filibuster, instead of 60.  He did not have a problem with the standard 60 votes while he and his fellow Democratic Congressmen were forcing their Government take-over of the American Health Care System down our collective throats.  I wonder if he has been reading the writing on the wall?

No, the real message is that the People are fed up, and want an end to “politics as usual”.  Most of the Massachusetts voters backed Candidate Obama because he promised to do just that.  Instead, the nation has watched President Obama, and his Democratic Majority, use strong-arm tactics in politically hijacking America.

Now the People are doing what comes natural to American Patriots, they are retaliating.  Like Flight 93, like Richard Reeds’ attempt at a ‘shoe bomb’, or the recent attempt to bomb the flight into Detroit from Amsterdam on Christmas, hijack a plane, win or lose, Americans will fight back; hijack our government, the reaction of the American People is the same.  It really does not matter what State we live in, Americans are not good at being willing victims.

Another distinct reality of Sen. Brown being elected is that the Health Care Reform Act, as envisioned by President Obama and constructed by his Democrat henchmen, is ‘Dead On Arrival’.  The loudest, most significant campaign promise made by Candidate Brown was that as Senator, he would be the forty-first vote to stop Health Care Reform and the Cap and Trade bill.

Prominent Democrats are already trying to establish new positions on these two bills.  After a year of the Democrats claiming they have a mandate from the People and constantly reminding us who won the election, now they are attempting a last stitch effort to save their latest socialistic take-over bid of the American economy.  That is, the Health Care System was soon to be added into the pot where the financial, auto, and housing industries are stewing.

If Mr. Brown holds true to his word, the fact that he has become the most recent addition to the United States Senate is good for America.  I only wish we could apply such impact to the man elected into the Oval Office.  Instead, the contrary is true, President Obama has proven to be only a detriment.

In fact, President Obama still doesn’t get it!  In his response to Sen. Brown’s election, he wore a look of disgusted concern indicating that Democrats must be more focused on the voter concerns.  Of course, I guess the idea of Obama attempting to distance himself from the debacle at center stage and throw his fellow Democrats under the bus, comes as no big surprise.

America, as in the Revolution, with the Tea Party, Massachusetts has taken the lead in returning our nations sovereignty.

DO NOT STOP NOW!

Unlike President Obama, who dragged his feet in reinforcing our military in Afghanistan, we can all stand firm in November and reinforce the message delivered by our brethren in Massachusetts.  Together, we can fight back and stop the current hijacking of America.

Just to clarify, I am not backing Republicans entirely.  Rather, I am supportive of the referendum set forth by the voters in Massachusetts by endorsing Conservatism.

In closing, I will borrow a famous quote from Neil Armstrong; the traditionally Democratic State of Massachusetts, electing Republican Scott Brown to the United States Senate, is one small step for Republicans, one giant leap for Conservatism.


Brandenburg Gate; and Our Heroes at Check Point Charlie

November 14, 2009

By David A. Black, Sr.

On June 12, 1987, President Ronald Reagan stood at the Brandenburg Gate in West Berlin and said, “General Secretary Gorbachev, if you seek peace; if you seek prosperity for the Soviet Union and Eastern Europe; if you seek liberalization: Come here to this gate! Mr. Gorbachev, open this gate! Mr. Gorbachev, tear down this wall!”

On November 9, 1989, just two years after Reagan’s Brandenburg Gate speech, the people of Germany did tear down the Berlin Wall, and hundreds of millions of people were liberated from communism.

Berlin just celebrated the twentieth anniversary of that momentous day.  Unlike our fearless “Commander and Chief”, I chose to acknowledge it.  I did so by talking to retired Veteran I know.

I wanted to present his thoughts of the subject as a tribute to Veteran’s Day this year.  I will apologize for failing to meet my self-imposed deadline, but the message is too important to allow, a little issue like, timing to prevent its telling.

Let me introduce you to a man I know as Paul.  Twenty years ago, he was known as Chief Master Sergeant, stationed at Templehof Air Force Base, Berlin, Germany.

“I was there.”  Paul informed me.

“There?”  I inquired, noticing he was reading a VFW magazine article about the fall of the Berlin Wall.

“Here!”  He said, holding up the magazine to display a picture.  “Berlin, Germany, November 9, 1989.”

“Really?”  I replied, inquisitively.  “What was it like?”

And this is what he had to say…

…My wife and I were living off base in Berlin.  Scattered information was all over the news.  We did not know exactly what was happening yet, but I knew something big was in the works.  I told my wife that we needed to go see what was happening, that we could possibly witness history.

We hailed a cab and when the cabby asked where we wanted to go, I told her, “We want to go see what is happening!”

“Me too!”  The cabby responded, and then drove us to the Check Point Charlie.

When we arrived, my wife and I found a large crowd of people at the gate and we edged as close as we could.  On the East German side, a great number of people had amassed.  The crowd was growing exponentially by the minute.  As the crowd grew, the people began to surge toward the gate, each time edging nearer and nearer to the “No Entry Zone”.

I think everyone there was collectively holding their breath, in fear that the soldiers would begin firing at the crowd.  We all knew the soldiers were trained to “shoot to kill”, but the people continued to chant and cheer raucously, and the surging continued, closing the distance to the gate.

A collective sigh of relief came when, instead of drawing their side arms, the East German soldiers, guarding the gate, interlocked their arms, forming a human wall.  The crowd continued surging right up to the soldiers.

Suddenly, the soldiers broke ranks, stepped to the side, and tossed their helmets into the crowd, joined in cheering, and allowed the people to pass freely.  The crowd rushed the gate and began to pour through.  The cheering grew unbelievably louder, and as East Germans streamed through Check Point Charlie, they fell upon the ground, hugging the pavement of the street, kissing the ground, almost every one of them dropping to their knees.

As the people passed through the gate, we picked them up, we hugged them, we kissed them, welcoming them with open arms and hearts to liberty and freedom.  Everybody was hugging and kissing, chanting, yelling, and crying.

I can only tell you, I had never seen anything like it before, and have never seen anything like it since.  It was amazing to see the people react to each other.  It was happiness beyond compare.

At one point, my wife stood upon my shoulders, her hands braced on the wall, as she peered over the top to see the mass of people still making their way to freedom.  Only an hour before, she would have been shot dead for even getting close.

The things you remember.  Some of the people that came through the gate had never tasted an orange or a banana.  They could not get fresh fruit over there.

An impish smile creased Paul’s face, remembering a long passed sight.

It’s funny, we used to toss oranges over the wall, before all this happened.  We would watch people sneak over to pick them up and secret them away.  It was amusing to us, yet made us feel sorry to know that little things we took for granted, were so cherished by others.

We have pieces of the wall, my wife and I.  We kept them all these years to remind us of how special that day was.  We did witness history in the making, and it was amazing.

I made arrangements to speak with Paul again and mentioned that I would like to write his story to share with others.  Paul was all too happy to oblige me.

When next we met, Paul showed me a plaque, presented to him upon his retirement, to commemorate 33 years of service to our military.  A beautiful brass map of Germany, etched with the names of significant cities and appropriate borders.  He also has a toy car he keeps as a reminder, a replica of the type commonly driven in Germany at that time.  And then he handed me a chunk of concrete, about the size of my fist, with his and his wife’s names carefully scrawled on it, identified as a piece of the wall from Check Point Charlie.

I asked Paul, “How significant, do you believe, was President Reagan’s ‘Brandenburg Gate Speech’ in promoting the fall of the Berlin Wall?

“It was very important.”  Paul informed me, a matter of fact.  “You have to understand that the movement toward freedom started long before President Reagan.  President Reagan voiced support for the people, and that acted as a catalyst.  In the end, the people proved to be a task that could not be controlled by the communists.  The people wanted freedom, and they would not be denied.”

“Paul.”  I inquired.  “As a member of the United States Military, stationed in a foreign country, in a non-combative role, when you watched the people surge toward the gate, and finally pour through to a free world, how did it make you feel?”

“Let me tell you.”  Paul said, his face brightening, and eyes sparkling.  “At just over five and a half feet tall, I’m not a big man; but that day, I felt like I was ten feet tall.  I was proud to be a witness to it, and I was proud to represent our nation in support of the people abandoning the tyranny of communism.  Not only was I proud to be in the military, but mostly, proud to be an American, welcoming those people to freedom.”

Paul, my friend, I believe I echo the sentiments of anyone that reads this article when I say, “Chief Master Sergeant, thank you.”