Posts Tagged ‘separation of powers’

Obama Violated The Constitition, With Said Federal Court Ruling Almost Immediately Following Obama’s False Oath To Keep And Defend What He’d Already Violated

January 26, 2013

It wasn’t even a week ago that Obama took the oath of office and swore to preserve, protect and defend the Constitution.  He actually did it twice, once officially and the second time as a show for Martin Luther King Day.

Here’s the thing: Obama twice took the oath to preserve, protect and defend the Constitution of the United States.  And the weasel turd had already broken his promise from the first time when he’d taken that oath back in 2009.

So it’s not like his stupid oath means anything, under than giving him more points for the sheer size of his elephant balls.

According to the Constitution of the United States of America, there are three separate but equal powers (the executive, legislative and judicial branches), and no branch has power to dictate to the others.  Hence the Senate gets to set its own rules and procedures, and no president – regardless of how fascist he is or what a power-grabbing thug he is – cannot supplant those rules and replace them with his own.

As an example, no president can tell the Senate, “You’re in recess” when the Senate according to its rules and procedures says its in session.  If you make an appointment in such a circumstance, that’s not a “recess appointment”; it’s a fundamental violation of the Constitution.

Obama has already repeatedly said piss on that and piss on the Constitution.  He made sure we all knew it was a “deeply flawed document,” too.  So that we’d understand that Obama is wiser and smarter and better than our Constitution, you see.

Like I keep saying over and over again, the man is a fascist thug to go along with being a crony capitalist fascist thug.

One thing the story below immediately gets wrong:  the federal appeals court did NOT rule that Obama violated the Constitution in making recess appointments.  They ruled that the Senate was not in recess and that the appointments WEREN’T recess appointments at all, but rather an unconstitutional power grab of one co-equal branch of government over another.  According to the rules of the Senate, enacted BY the Senate, the Senate was NOT in recess.  They were conducting business on the day that Obama overruled them as pharaoh-messiah-god-in-chief – in the style described by the words of fawning liberal “journalist” Evan Thomas (the editor of Newsweek), he’s sort of God – when he decided that he alone actually had the sole right to decide when the Senate was or was not in session.

One of Obama’s appointees revealed Obama’s philosophy when he said:

“I was in a meeting once and I gave an analogy to my staff about my  philosophy of enforcement, and I think it was probably a little crude  and maybe not appropriate for the meeting, but I’ll go ahead and tell  you what I said:

“It was kind of like how the Romans used to, you know, conquer  villages in the Mediterranean.  They’d go in to a little Turkish town  somewhere, they’d find the first five guys they saw and they’d crucify  them.

“Then, you know, that town was really easy to manage for the next few years.”

Pretty soon we’re going to have exactly that philosophy enacted by the coming Antichrist who will step in after Obama ruins the world.  So cheer up, liberal.  You’ll get the fascist dictatorship you’re dreaming about.

But until then, that damned Constitution, you know, that document having “deeply flaws”  which in Obama’s demonic mind “reflected the fundamental flaw of this country that continues to this day,” is still an obstacle to you.

Appeals Court Says Obama Violated Constitution With Appointments
By SAM HANANEL The Associated Press
Published: Friday, January 25, 2013 at 2:06 p.m.
Last Modified: Friday, January 25, 2013 at 2:06 p.m.

WASHINGTON | In an embarrassing setback for President Barack Obama, a federal appeals court ruled Friday that he violated the Constitution in making recess appointments last year, a decision that would severely curtail the president’s ability to bypass the Senate to fill administration vacancies.

The three-judge panel of the U.S. Court of Appeals for the D.C. Circuit said Obama did not have the power to make three recess appointments to the National Labor Relations Board because the Senate was officially in session — and not in recess — at the time. If the decision stands, it could invalidate hundreds of board decisions made over the past year.

The court said the president could only fill vacancies with the recess appointment procedure if the openings arise when the Senate is in an official recess, which it defined as the once-a-year break between sessions of Congress.

The White House had no immediate comment but is expected to appeal the decision. The same issue is currently before several other federal appeals courts.

The ruling also threw into question Obama’s recess appointment of Richard Cordray to head the Consumer Financial Protection Bureau. Cordray’s appointment, also made on Jan. 4, 2012, has been challenged in a separate case.

The court’s decision is a victory for Republicans and business groups that have been attacking the labor board for issuing a series of decisions and rules that make it easier for the nation’s labor unions to organize new members.

“With this ruling, the D.C. Circuit has soundly rejected the Obama administration’s flimsy interpretation of the law, and (it) will go a long way toward restoring the constitutional separation of powers,” said Sen. Orrin Hatch, R-Utah.

GOP House Speaker John Boehner welcomed the ruling as “a victory for accountability in government.”

Obama made the recess appointments after Senate Republicans blocked his choices for an agency they contended was biased in favor of unions. Obama claims he acted properly because the Senate was away for the holidays on a 20-day recess. The Constitution allows for such appointments without Senate approval when Congress is in recess.

But during that time, GOP lawmakers argued, the Senate technically had stayed in session because it was gaveled in and out every few days for so-called pro forma sessions.

GOP lawmakers used the tactic — as Democrats had done in the past — specifically to prevent the president from using his recess power to install members to the labor board and the consumer board. They had also vigorously opposed the nomination of Cordray. The White House argued that the pro forma sessions — some lasting less than a minute — were a sham.

The three-judge panel, all appointed by Republican presidents, ruled that during one of those pro forma sessions on Jan. 3, the Senate officially convened its second session of the 112th Congress, as required by the Constitution.

“Either the Senate is in session or it is in recess,” Chief Judge David Sentelle wrote in the 46-page ruling. “If it has broken for three days within an ongoing session, it is not in ‘the Recess’ described in the Constitution.”

Simply taking a break of an evening or a weekend during a regular working session cannot count, he said. Sentelle said that otherwise “the president could make appointments any time the Senate so much as broke for lunch.”

The judge flatly rejected arguments from the Justice Department’s Office of Legal Counsel, which claimed the president has discretion to decide that the Senate is unavailable to perform its advice and consent function.

“Allowing the president to define the scope of his own appointment power would eviscerate the Constitution’s separation of powers,” Sentelle wrote.

Sentelle was joined in the ruling by Judge Thomas Griffith, appointed to the court by President George W. Bush, and Karen LeCraft Henderson, who was appointed by President George H.W. Bush.

“I think this is a very important decision about the separation of powers,” said Carl Tobias, a constitutional law professor at the Virginia’s University of Richmond. “The court’s reading has limited the president’s ability to counter the obstruction of appointments by a minority in the Senate that has been pretty egregious in the Obama administration.”

If the ruling stands, it means that hundreds of decisions issued by the board over more than a year would be invalid. It also would leave the five-member labor board with just one validly appointed member, effectively shutting it down. The board is allowed to issue decisions only when it has at least three sitting members.

Obama used the recess appointment to install Deputy Labor Secretary Sharon Block, union lawyer Richard Griffin and NLRB counsel Terence Flynn to fill vacancies on the labor board, giving it a full contingent for the first time in more than a year. Block and Griffin are Democrats, while Flynn is a Republican. Flynn stepped down from the board last year.

Sen. Tom Harkin, D-Iowa, urged the NLRB to continue conducting business until the Supreme Court rules on the issue.

“Today’s circuit court decision is not only a radical departure from precedent, it ignores the fact that President Obama had no choice but to act,” Harkin said. “Throughout his presidency, Republicans have employed unprecedented partisan delay tactics and filibusters to prevent confirmation of nominees to lead the NLRB, thus crippling the Board’s legal authority to act.”

If Obama’s recess appointment of Cordray to the newly created consumer board is also ruled invalid, all the regulations the consumer board has issued, many of which remake the mortgage business, could be nullified.

This fascist board that fascist Obama violated the Constitution to create has been involved in literally hundreds of fascist judgments.  And at the moment all of those fascist judgments are in danger of being tossed out, much the way criminals shouldn’t be allowed to profit from their crimes and fascist police departments shouldn’t be allowed to use evidence that was obtained via illegal means.

What’s funny is that upon hearing of the verdict, his White House propagandist Jay Carney immediately dismissed and trivialized the decision.

Because Obama doesn’t give any more of a damn about the judiciary branch than he does the legislative branch.

Pretty soon Antichrist is going to come to complete what Obama began.  And Democrats will vote for him even more and worship him even more than they did Obama.

So don’t worry, liberals.  By the time the Antichrist comes, you’ll get everything you want.  And there won’t be any court or any one with the right to keep and bear arms to say otherwise.  You’ll get every demonic dream you ever had, then.

Obama The Fascist Bringing America Dangerously Close To Totalitarianism

April 11, 2012

According to the American Constitution, power is shared by three separate branches of government that have different functions and were by design intended to frustrate one another’s ambitions.

But we now have a president who refuses to accept the constitutional mandate of the other two branches; Obama wants to be America’s first “Dear Leader.”

Consider that recently Barack Obama was demonizing Congress and literally saying, “I’ll impose my will on America without you.”

The following is not from some “right-wing ‘pseudo’ news source”; it is from the reliably leftist Atlantic:

Obama Rolls Out a Jobs Plan That Doesn’t Need Congress
By Fawn Johnson
Sep 1 2011, 8:56 AM ET306
The president has asked federal agencies to find solutions on their own. His message to lawmakers: We can do this without you.

President Obama is either fed up with Congress or he’s testing his own administration’s mettle. Or both.
 
On Wednesday, Obama took a now-familiar path in adopting a program–this time a jobs and infrastructure effort–that can happen entirely within his domain. Obama directed several federal agencies to identify “high-impact, job-creating infrastructure projects” that can be expedited now, without congressional approval.

One week before he will make a major address to Congress on jobs, Obama is making sure they know he plans to move forward without them. The president has also directed the Education Department to come up with a “Plan B” updating the 2001 No Child Left Behind law in the absence of congressional action. The message to Congress is clear: Do your work or we’ll do it for you.

On all sorts of fronts, Obama has blatantly ignored the Constitution as he has made one power grab after another.  The Foundry provides one example:

“Congress hasn’t been able to do it, so I will.” With this bold statement, President Obama announced last Friday that he would unilaterally replace the provisions of the No Child Left Behind Act (NCLB) with conditions-based waivers. Obama’s waiver strategy is an alarming misuse of executive power that undermines the separation of powers.

In and of itself, the use of waivers is not unconstitutional. Congress has the authority to create laws with provisions that allow the President to grant exceptions in certain circumstances. NCLB does, for instance, authorize the Secretary of Education to grant waivers to applicants that meet certain criteria. However, waivers are not written as blank checks of authority for the President to bypass Congress and enact new policy.

In this case, the President is using waivers to rewrite the law. The Obama waivers go far beyond the measures allowed by NCLB. To receive a waiver, states must agree to implement a new set of goals and programs determined not by Congress, but by the White House.

For months, President Obama and Congressional Republicans have disagreed on how to reform NCLB. There are major problems with the law’s intrusive regulations. But the Obama administration decided that the “do-nothing Congress” could not be trusted to act and so the President is acting without them.

But co-opting the waiver power to craft a new laws designed in and implemented by the White House is a departure from the constitutional separation of powers.

Article 1, Section 8 of the Constitution grants Congress the power to craft the nation’s laws and to reform those laws when they do not work as planned. The executive is authorized to carry out the laws passed by Congress. But this can be quite bothersome for a President if Congress doesn’t see things his way.

According to the New York Times:

HONOLULU — President Obama is heading into his re-election campaign with plans to step up his offensive against an unpopular Congress, concluding that he cannot pass any major legislation in 2012 because of Republican hostility toward his agenda.

[...]

However the White House chooses to frame Mr. Obama’s strategy, it amounts to a wholesale makeover of the young senator who won the presidency in 2008 by promising to change the culture of Washington, rise above the partisan fray and seek compromises.

After three years in office, Mr. Obama is gambling on a go-it-alone approach. In the coming weeks, he will further showcase measures he is taking on his own to revive the economy, Mr. Earnest said, declining to give details.

I can’t go on without pointing out that what Obama is doing is hardly merely a “wholesale makeover”; it is a fundamental lie and betrayal of the American people in the form of a willfully broken “core promise” Obama made to them.  Barack  Obama is a liar.  He is a genuinely evil man.  He despises this nation and the more sacred the institution, the more he despises it.

The Associated Press points to the incredibly cynical Obama strategy and the depraved and self-centered partisan motivation behind it:

Posted: 11:01 AM Dec 31, 2011
Obama to press ahead without Congress
The Associated Press

President Barack Obama is entering his fourth year in office having calculated that he no longer needs Congress to promote his agenda and may even benefit in his re-election campaign if lawmakers take little action in 2012.

Devoid of any major policy pushes, much of the year will instead be focused on the biggest goal of all: winning a second term.

Obama has also recently ignored the Constitution and the Senate by making a NON-recess “recess appointment.”

That’s one branch of Congress the President of the United States no longer needs and feels free to demonize, ignore and usurp whenever it benefits him politically.

Here’s the other: The Supreme Court of the United States.

You should be familiar with Obama’s attitude toward the SCOTUS because it is still so fresh in the news.  But here are a few of my articles on the subject:

White House Explains Obama’s Fascist Supreme Court Gaffe: You’re Just Too Dumb To Understand Obama’s Brilliant Legal Mind

Fifth Circuit Court Of Appeals Reacts To Obama’s Fascist Statements Undermining The Constitution’s Separation Of Powers And Role Of ‘Unelected’ Judiciary

Would Conservative Court Striking Down ObamaCare Be ‘Judicial Activism’? Only According To Liberal Relativism

Fascist-In-Chief Obama Demonizes Supreme Court YET AGAIN (‘WAAAAH! They Won’t Let Me Have My ObamaCare! They’re Traitors To My Regime!!!’)

Scalia ‘Benchslaps’ ObamaCare Mouthpiece: ‘Those Cases Dealt With Commerce; THIS Case Is Aimed At People Who AREN’T Participating In Commerce (people without insurance)’

Left Shocked And Panicked That Supreme Court May Not Like ObamaCare Fascism

Key SCOTUS Vote Kennedy: ObamaCare ‘Changes The Relationship Of The Federal Government To The Individual In A Very Fundamental Way’

Obama literally tried to argue that the Supreme Court of the United States did not have the authority to overturn a law passed by a “strong majority of Congress” (how about the slimmest possible majority rammed through in the dead of night with no one even having the opportunity to read the damn bill?) in spite of the obvious historical fact that the Supreme Court has had that declared authority since 1803 with Marbury v. Madison.  Obama tried to argue such an overturn would be “unprecedented” in spite of the glaring historical fact that not only has the SCOTUS overturned MANY laws passed by Congress, but has even overturned two laws that used the “commerce clause” as their justification for unconstitutional mandates since 1999.  And on top of that, Obama argued that ObamaCare shouldn’t be overturned whether it is unconstitutional or not because it does a good thing and the ends ought to justify the means.  Which is to say that the president was demonizing the Supreme Court for “judicial activism” even as he demands that the SCOTUS practice judicial activism.

With that preamble that serves to point out that everything that is cited in the following article is simply factually true, here it is:

Is Obama ‘Dangerously Close To Totalitarianism’?
Posted 04/05/2012 06:34 PM ET

Power: Given the president’s end-runs around Congress, his shredding of the Constitution and his assault on the authority of the courts, a second term free of electoral restraints may be a frightening prospect.
 
Judge Andrew Napolitano, a Fox News commentator, raised the question on Neil Cavuto’s “Your World” show Wednesday. And while it seems fanciful in light of the safeguards built into our democracy and its institutions, it recognizes the threat posed by the president’s policies and actions if left unchecked.
 
“I think the president is dangerously close to totalitarianism,” Napolitano opined. “A few months ago he was saying, ‘The Congress doesn’t count, the Congress doesn’t mean anything, I am going to rule by decree and by administrative regulation.’
 
“Now he’s basically saying the Supreme Court doesn’t count. It doesn’t matter what they think. They can’t review our legislation. That would leave just him as the only branch of government standing.”
 
Some would consider this borderline hyperbole. But this is, after all, a president who has said he can’t wait for Congress to act and will govern by executive order and regulations if necessary. He has questioned the Supreme Court’s “unprecedented” review of ObamaCare.
 
As the Department of Justice turned in its homework assignment on the judicial review of the constitutionality of laws, it was a reminder that this is an administration that’s already been found in contempt of court by a federal judge.
 
In February of last year, Louisiana Federal District Court Judge Martin Feldman found that the Obama Interior Department was in contempt of his ruling that the offshore oil drilling moratorium, imposed by the administration in 2010, was unconstitutional. After Feldman struck down the initial drilling ban, the Interior Department simply established a second ban that was virtually identical.
 
Judge Feldman was not amused. “Each step the government took following the court’s imposition of a preliminary injunction showcases its defiance,” Feldman said in his ruling. “Such dismissive conduct, viewed in tandem with the re-imposition of a second moratorium … provides this court with clear and convincing evidence of its contempt.”

As for Congress, we see the same dismissive tone. “Whenever Congress refuses to act, Joe and I, we’re going to act,” Obama said in February at the Eisenhower Executive Office Building, with Vice President Joe Biden off to the side. “In the months to come, wherever we have an opportunity, we’re going to take steps on our own to keep this economy moving.”
 
When cap-and-trade failed to make it through Congress — a Congress that had specifically denied the Environmental Protection Agency the authority to regulate so-called greenhouse gases via the Clean Air Act — the Obama administration, with the support of the usual suspects in the media, went ahead, unleashing the EPA to make war on coal and other fossil fuels.
 
In April 2009, Time Magazine ran a piece titled, “EPA’S CO2 Finding: Putting a Gun to Congress’ Head.” The New York Times editorialized that if Congress fails to ram through cap-and-trade legislation, the EPA should ram it down our throats. And that’s what the administration has been doing.
 
The whole thrust has been the acquisition of power by the federal government centered on the White House. That is the theme of ObamaCare, which is not about health care but about making people as dependent on government benevolence, if we can use that word, as possible.
 
Those who stand in the way, whether it be the Supreme Court, Congress or institutions such as the Catholic Church, are to be either ignored when possible, or intimidated and bullied into silence and acquiescence in the proud tradition of President Obama’s mentor, Saul Alinsky.
 
What is at stake here is freedom and whether we shall be governed by a document that begins with “we the people” or whether we shall be ruled, in totalitarian fashion, by a bill that says “the secretary shall determine” what our rights and freedoms are.

The Constitution and the American way of life is teetering on the edge of a cliff.  And Barack Hussein is doing everything he can to push it over and finish the job of “fundamentally transforming America.”

Consider just how godawful Obama’s ObamaCare abuse of power truly is:

Another $17 trillion surprise found in Obamacare
By Neil Munro – The Daily Caller | The Daily Caller – Fri, Mar 30, 2012.

Senate Republican staffers continue to look though the 2010 Obamacare law to see what’s in it, and their latest discovery is a massive $17 trillion funding gap.
 
“The more we learn about the bill, the more we learn it is even more unaffordable than was suspected,” said Ala. Sen. Jeff Sessions, the Republican’s budget chief in the Senate.
 
“The bill has to be removed from the books because we don’t have the money,” he said.
 
The hidden shortfall between new Obamacare spending and new Obamacare taxes was revealed just after Supreme Court judges grilled the law’s supporters about its compliance with the constitution’s limits on government activity. If the judges don’t strike down the law, Obamacare will force taxpayers find another $17 trillion to pay for Obamacare’s spending.
 
The $17 trillion in extra promises was revealed by an analysis of the law’s long-term requirements. The additional obligations, when combined with existing Medicare and Medicaid funding shortfalls, leaves taxpayers on the hook for an extra $82 trillion over the next 75 years.
 
The federal government already owes $15 trillion in debt, including $5 trillion in funds borrowed during Obama’s term.
 
That $82 billion in unfunded future expenses is more more than five years of wealth generated by the United States, which now produces just over $15 trillion of value per year.
 
The $82 trillion funding gap is equal to 28 years of the the current federal budget, which was $3.36 trillion for 2011.
 
The new $17 trillion funding gap is five times the current federal budget.
 
Currently, the Social Security system is $7 trillion in debt over the next 65 years. Medicare will eat up $38 trillion in future taxes, and Medicaid will consume another $2o trillion of the taxpayer’s wealth, according to estimates prepared by the actuarial office at the Centers for Medicare and Medicaid Services.
 
The short-term cost of the Obamacare law is $2.6 trillion, almost triple the $900 billion cost promised by Obama and his Democratic allies, said Sessions.
 
The extra $17 billion gap was discovered by applying standard CMMS estimates and models to the law’s spending obligations, Sessions said.
 
For example, Session’s examination of Obamacare’s “premium support” program shows a funding gap $12 billion wider that predicted.
 
The same review also showed the Obamacare law added another $5 trillion in unfunded obligations for the Medicaid program.
 
“President Obama told the American people that his health law would cost $900 billion over ten years and that it would not add ‘one dime’ to the debt… this health law adds an entirely new obligation—one we cannot pay for—and puts the entire financing of the United States government in jeopardy,” Sessions said in a floor speech.
 
“We don’t have the money… We have to reduce the [obligations] that we have.”

Remember what Nancy Pelosi infamously said as Speaker of the House of Representatives?  “We have to pass the bill so that you can find out what is in it.”

Fascists frankly don’t give a damn about anything but naked power-grabs.

Either Obama wins and America dies or America wins and Obama is removed from office.  It’s that simple.

I wrote an article titled, “Why I Call Obama A Fascist” a full year ago.  And he has done so many vile and un-American things in his God damn America since then it is unreal.

Let’s Not Ever Forget The Brazen Contempt For The Rule Of Law And The Constitutional Separation Of Powers Displayed By Führer Obama

January 13, 2012

I’ve written about this myself a couple of times (see here and also here), but this is the kind of story – just like all the amazingly blatant crap associated with the Obama travesty of justice a.k.a. “Fast and Furious” or “Solyndra” or MF Global - that ought not be forgotten.

Barack Obama is a FascistPeriod:

Grassley Not Buying DOJ’s Non-Recess Appointment Apologia
Lachlan Markay
January 12, 2012 at 4:45 pm

Calling the president’s illegal non-recess appointments “an escalation in a pattern of contempt for the elected representatives of the American people,” Sen. Chuck Grassley (R-IA), ranking Republican on the Judiciary Committee, dismissed a Justice Department memo on Thursday that sought to lend retroactive constitutional weight to the president’s move.

Grassley hinted at Senate “action to check and balance” the president’s power grab, though he declined to go into specifics.

The DOJ Office of Legal Counsel’s memo, also debunked by Heritage’s Todd Gaziano, claims that pro forma Senate sessions do not preclude the president from unilaterally appointing federal officials. That legal opinion contradicts statements by former Obama Administration Solicitor General Elena Kagan – now a Supreme Court justice – and her deputy, Neal Katyal.

The memo was released on January 6, two days after Obama non-recess-appointed Richard Cordray as head of the Consumer Financial Protection Bureau, meaning the president did not wait for DOJ’s official legal opinion before moving forward with the appointments.

Here’s what Grassley had to say in a news release:

The Justice Department opinion is unconvincing. Its conclusion is at odds with the text of the Constitution and the administration’s own previous statements. It fundamentally alters the careful separation of powers between the executive and legislative branches that the framers crafted in the Constitution. It relies on no Supreme Court decision and many conclusions are unsupported in law or the Constitution. It recognizes that the courts might well disagree. And it flies in the face of more than 90 years of historical practice. Taken together with a laundry list of other assertions of the power to act without Congress, this is clearly an escalation in a pattern of contempt for the elected representatives of the American people. The Senate will need to take action to check and balance President Obama’s blatant attempt to circumvent the Senate and the Constitution, a claim of presidential power that the Bush Administration refused to make.

Check out Gaziano’s response for a more detailed look at DOJ’s legal argument. Here’s an excerpt:

The not-too-deft argument in the OLC memo is that the President is free to take the Senate at its word that it would not conduct business during any period it sees fit except that the basis for that assumption also applied from Dec. 17 to Jan. 3. With unanimous consent, such business clearly can and was conducted during the period of time that OLC ignores. Moreover, those facts defeat the repeated finding in the opinion that the Senate is not available to receive messages from the President and act on them. The action on Dec. 23 proves beyond any doubt that they can receive such messages, loudly and clearly, and can act when they want to do so. Their desire not to act cannot be converted so easily into an inability to do so.

Even more brazenly, the opinion states on page 21 that: “even absent a Senate pronouncement that it will not conduct business, there may be circumstances in which the President could properly conclude that the body is not available to provide advice and consent for a sufficient period to support the use of his recess appointment power.” There is no limit on this open-ended assertion of authority of the President to determine when the Senate could properly act on his nominees.

Barack Obama just kissed the constitutional “advise and consent” role of the Senate for ALL future presidential appointments goodbye. 

Which is to say, Democrats, that no Democrat and no power will ever again be able to stand in the way of ANY appointee a future Republican president desires to appoint.  Unless the Senate literally occupies the Capitol Building 24 hours a day, seven days a week and never takes so much as a one-minute break.  Because if three days is a long enough period according to the Senate’s own rules, then no duration is safe.

It will take an equally fascist Republican president to undo what this fascist Democrat has done.  And when that fascist Republican comes, Democrats will be one thousand percent to blame for his coming because of what they allowed Obama to do.

The beast is coming.

When Assessing Obama, The Best Word Turns Out To Be ‘Contempt’

February 5, 2011

How many times have we heard some breathless-with-adoration mainstream media “journalist” tell us that Barack Obama is a “constitutional professor”?

What we actually find when examining the record is that Obama is more like a “constitutional demolition expert.”

Take a look at two recent developments to witness Obama’s contempt for our Constitution and the Separation of Powers that has kept it intact for going on 230 years:

Judge in La. holds Interior Department in contempt over offshore oil drilling moratorium
By MICHAEL KUNZELMAN , Associated Press
Last update: February 2, 2011 – 8:05 PM

NEW ORLEANS – The federal judge who struck down the Obama administration’s moratorium on deepwater drilling after the Gulf oil spill held the Interior Department in contempt Wednesday, and ordered the federal agency to pay attorneys’ fees for several offshore oil companies.

U.S. District Judge Martin Feldman chided the department for its “dismissive conduct” after he overturned the agency’s decision to halt any new permits for deepwater projects and suspend drilling on 33 exploratory wells after the Deepwater Horizon blast, which killed 11 workers and triggered the massive spill.

After Feldman overturned the government’s moratorium in June, the agency issued a second nearly identical suspension.

“Such dismissive conduct, viewed in tandem with the reimposition of a second blanket and substantively identical moratorium and in light of the national importance of this case, provide this court with clear and convincing evidence of the government’s contempt of this court’s preliminary injunction order,” he wrote.

A magistrate will consider how much the companies’ attorneys should get.

An Interior Department spokeswoman wouldn’t comment. A lawyer for the companies hailed the ruling.

“We’re obviously delighted with the court’s recognition of the government’s manipulation of the judicial review process,” said Carl Rosenblum, an attorney for Hornbeck Offshore Services and other companies that sued over the first moratorium.

Realize that the Interior Department isn’t in contempt; Obama is in contempt.  The Secretary of the Interior serves at the pleasure of Barry Hussein.  The Interior Department is pursuing the will of the president.  And the president has contempt for the court, contempt for the law and naked contempt for the Constitution.

And simultaneously there is this (story from Legal Insurrection):

Monday, January 31, 2011
Florida Judge Rules Against Obamacare, Injunction Denied As Unnecessary Since Entire Law Unconstitutional

Federal Judge Roger Vinson of the Northern District of Florida, in a lawsuit by 26 state attorney generals, has held that Obamacare is unconstitutional.  Judge Vinson first found that the mandate was unconstitutional, and then found that the mandate could not be severed from the rest of the law, requiring that the entire law be deemed unconstitutional.

Judge Vinson found that there was no need for an injunction, since the declaratory judgment that the entire law was invalid was sufficient.  In effect, there is nothing left to enjoin, since no part of the law survived.  By contrast, in the ruling in Virginia last year invalidating the mandate, the Judge severed the mandate from the rest of the law (but denied an injunction preventing the rest of the law from taking effect). 

Here is the key language from the Order showing that Judge Vinson expects the federal government to obey the declaration that the law is unenforceable in its entirety:

“…there is a long-standing presumption “that officials of the Executive Branch will adhere to the law as declared by the court. As a result, the declaratory judgment is the functional equivalent of an injunction.” See Comm. on Judiciary of U.S. House of Representatives v. Miers, 542 F.3d 909, 911 (D.C. Cir. 2008); accord Sanchez-Espinoza v. Reagan, 770 F.2d 202, 208 n.8 (D.C. Cir. 1985) (“declaratory judgment is, in a context such as this where federal officers are defendants, the practical equivalent of specific relief such as an injunction . . . since it must be presumed that federal officers will adhere to the law as declared by the court”) (Scalia, J.) (emphasis added).

There is no reason to conclude that this presumption should not apply here. Thus, the award of declaratory relief is adequate and separate injunctive relief is not necessary.”

In this sense, this decision is far more sweeping than the Virginia case, and presents a greater problem for the Obama administration which arguably does not have authority to implement any aspect of Obamacare.

Here is the conclusion of the Order (emphasis mine):

“The existing problems in our national health care system are recognized by everyone in this case. There is widespread sentiment for positive improvements that will reduce costs, improve the quality of care, and expand availability in a way that the nation can afford. This is obviously a very difficult task. Regardless of how laudable its attempts may have been to accomplish these goals in passing the Act, Congress must operate within the bounds established by the Constitution. Again, this case is not about whether the Act is wise or unwise legislation. It is about the Constitutional role of the federal government.

For the reasons stated, I must reluctantly conclude that Congress exceeded the bounds of its authority in passing the Act with the individual mandate. That is not to say, of course, that Congress is without power to address the problems and inequities in our health care system. The health care market is more than one sixth of the national economy, and without doubt Congress has the power to reform and regulate this market. That has not been disputed in this case. The principal dispute has been about how Congress chose to exercise that power here.

Because the individual mandate is unconstitutional and not severable, the entire Act must be declared void. This has been a difficult decision to reach, and I am aware that it will have indeterminable implications. At a time when there is virtually unanimous agreement that health care reform is needed in this country, it is hard to invalidate and strike down a statute titled “The Patient Protection and Affordable Care Act.” …

In closing, I will simply observe, once again, that my conclusion in this case is based on an application of the Commerce Clause law as it exists pursuant to the Supreme Court’s current interpretation and definition. Only the Supreme Court (or a Constitutional amendment) can expand that.

For all the reasons stated above and pursuant to Rule 56 of the Federal Rules of Civil Procedure, the plaintiffs’ motion for summary judgment (doc. 80) is hereby GRANTED as to its request for declaratory relief on Count I of the Second Amended Complaint, and DENIED as to its request for injunctive relief; and the defendants’ motion for summary judgment (doc. 82) is hereby GRANTED on Count IV of the Second Amended Complaint. The respective cross-motions are each DENIED. 

In accordance with Rule 57 of the Federal Rules of Civil Procedure and Title 28, United States Code, Section 2201(a), a Declaratory Judgment shall be entered separately, declaring “The Patient Protection and Affordable Care Act” unconstitutional.”

[Please click on that article for more on this story.]

“Contempt” is all over Obama on both of these major federal cases.  Obama is all about contempt.  Along with hypocrisy, contempt is the blood that flows through his veins.

To put it succinctly, to whatever extent Obama knows a damn thing about the Constitution, it merely makes him all the more in contempt of it, and all the more personally contemptible.

This “constitutional expert” is on the record tacitly saying, “I’m the pharaoh; I’m the emperor.  And the Constitution means whatever the hell I want it to mean.  And federal judges be damned.”

Barack Hussein’s contempt for our freedoms and the Constitution which guarantees those freedoms is evident in other areas, as well.  And we see that this rabid intolerance for freedom characterizes the thinking of the left.

For the record, this contempt for the Constitution extends beyond Obama and contaminates his entire Democrat Party

Even when liberals like Obama pay lip service to the Constitution, they only do so as a purely rhetorical device in order to ignore everything it stands for.  Because the REAL intent of the Democrat Party is “to control the people.”  Democrats believe that there is no constitutional limit on their ability to regulate the lives of the American people.  And “Democrats” and “democracy” are antonyms

Obama is making the founding fathers spin in thier graves.  And they will keep spinning in their graves until Obama is finally out of the White House on his ear in disgrace.

Obama is our first Afrocentrict socialist redistributionist radical president.  His vision of the Constitution is – to phrase it in his own terms when he demonized the Constitutiona and the founding fathers who wrote it – “fundamentally flawed.”  And because of that fundamentally flawed thinking, Obama believes that the Government should stand in the place of God and owns everything that the people create and produce.


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