Posts Tagged ‘constitutional’

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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Peggy West: Democrats Continue Psychologically Unhinged And Brain-Dead Stupid Denunciations Of Arizona Law

July 1, 2010

Peggy West is your typical Democrat.  That is to say, she is at once incredibly ignorant and incredibly demagogic.

She doesn’t have to have a valid reason to oppose the Arizona law.  After all, she is a liberal: what part does she possibly have with “reason”?

Here’s the story via NBC affiliate TMJ4 in Milwaukee:

MILWAUKEE – The Milwaukee County Board spent part of the day debating a measure that would call for the county to boycott doing business with companies in Arizona.

Communities around the nation have passed similar measures in response to a law in Arizona that makes it a state crime to be in the country illegally.

There was an odd moment during the debate when Supervisor Peggy West stood up and seemed to be confused about her geography.  “If this was Texas, which is a state that is directly on the border with Mexico, and they were calling for a measure like this saying that they had a major issue with undocumented people flooding their borders, I would have to look twice at this.  But this is a state that is a ways removed from the border,” West said during debate.

And here’s the video:

Make no mistake: this is no dumber than any other reason liberals have given to attack the Arizona law.  The only difference is that this particular reason can be refuted with a globe or a map that would likely be found in any kindergarten classroom, whereas many of the other stupid reasons require the ability to read adult-level materials, such as the Arizona law itself.

Reading the ten page law was too much intellectual effort for Obama Attorney General Eric Holder.  So he just demonized the law from a brain-dead ignorant dumbass level.

Frankly, I have more intellectual respect for Peggy West.  I mean, maybe she’s smart enough to realize that she’s too stupid to be the president or the attorney general, unlike Barack Obama and Eric Holder.  And that would make her smarter than both of them.

I recently posted the following under a different title.  But it seems like a good thing to post again, just so we can see Democrats at work:

Watch the video of a pro-illegal immigration proponent literally threatening a racist murder spree against white people:

It doesn’t matter if virtually all the actual violent acts and threats of violent acts are coming from the left.  It’s all the tea party’s fault.

It also doesn’t matter that Article. IV., Section. 4 of the Constitution states, “The United States shall guarantee to every State in this Union, a Republican Form of Government, and shall protect each of them against Invasion.”

It doesn’t matter that the Demagogue-in-Chief has cynically refused to do his constitutionally-mandated duty protecting Arizona in favor of holding border security hostage to his Marxist political agenda.

It doesn’t matter that Phoenix, Arizona is the world’s second worst cities for kidnappings in the entire world behind only Mexico City.

It doesn’t matter that Mexican drug gangs have literally taken over Arizona hilltops, where they are maintaining continuous observation posts that a helpless Arizona police force can’t do anything about:

Mexican Gangs Maintain Permanent Lookout Bases in Hills of Arizona
By Adam Housley
Published June 22, 2010

Mexican drug cartels have set up shop on American soil, maintaining lookout bases in strategic locations in the hills of southern Arizona from which their scouts can monitor every move made by law enforcement officials, federal agents tell Fox News.

The scouts are supplied by drivers who bring them food, water, batteries for radios — all the items they need to stay in the wilderness for a long time.

Click here for more on this story from Adam Housley.

“To say that this area is out of control is an understatement,” said an agent who patrols the area and asked not to be named. “We (federal border agents), as well as the Pima County Sheriff Office and the Bureau of Land Management, can attest to that.”

It doesn’t matter that even the federal government is warning that large swaths of Arizona are now off-limits because Mexican drug gangs have overrun it.

It doesn’t matter that Arizona is so overrun with criminal illegals that the federal government is putting up more and more warning signs telling American citizens that they are not safe to enter their own country.

From Great Satan, Inc.:

It doesn’t matter that criminal Mexican gangs are literally threatening Arizona police officers with assassination:

Arizona Cops Threatened by Mexican Drug Cartel
Ominous Threat From Mexican Dealers Is the First Directed at U.S. Law Enforcement

By RAY SANCHEZ
June 24, 2010

A Mexican drug cartel has threatened police officers in Arizona who confiscated a marijuana shipment, prompting the small town department to warn its officers to remain armed and have radios with them at all times, and keep their body armor handy.

Police and experts believe the warning against the Nogales, Ariz., cops marks the first time that powerful Mexican drug cartels, used to bribing and bullying police south of the border, have targeted U.S. officers.

It doesn’t matter if Arizona police officers are already being gunned down by AK-47-wielding drug gangs.

It doesn’t matter that an outgunned Arizona police force are literally begging for help.

It doesn’t matter that out-of-control mobs of illegal immigrants and Hispanic supporters of illegal immigration have even attacked the police.

It doesn’t matter that the Arizona law is completely constitutional, or that the Arizona law actually merely gives the state the power to enforce existing federal law, or that Arizona actually watered the law down to deal with the avalanche of lies being told by the left:

The simple fact of the matter is that the federal law is FAR “harsher” or “more racist” than the Arizona law (see also here for a more detailed analysis).  The Supreme Court has ruled unanimously (that means even Ruth Bader Ginsburg voted for it!) in the 2005 Mueller v. Mena case that the federal authorities have the right to demand citizenship status at any time for any reason without the need to demonstrate reasonable suspicion [Muehler v. Mena, 544 U.S. 93 (2005) (“the officers did not need reasonable suspicion to ask Mena for her . . . immigration status.”)].  The Arizona law is actually FAR more restrictive than the current federal law that the Obama White House WILL NOT ENFORCE.  And the Arizona law is completely constitutional for that reason.  The left has demonized, demagogued, and most certainly flat-out lied about the Arizona law.

[See here for more].

It doesn’t matter that the leftist whackjobs – including the leftist whackjobs in the Obama administration who are going to attack Arizona – have not even bothered to read the law that they’re demonizing.  Obama is suing Arizona for a law that is no different from the federal law, while ignoring all the “sanctuary cities” that have been in total violation of the federal law.

It doesn’t matter that illegal immigration is costing the American taxpayers billions of dollars every single year that are overwhelming our economy:

“Costs on average for every illegal alien headed household about $19,600 more if they consume the city services than they pay in taxes, so the rest of the taxpayers have to part costs. Schools become overcrowded, English as second language programs push out other programs.”

It doesn’t matter that the same illegal immigrants who are a burden to our country are in fact a burden to their own damn country.  And that if they’re a burden to their own country, how in the hell are they not a burden to ours?

It doesn’t matter that the very Mexicans who are demonizing our tolerant immigration laws don’t seem to care about how harsh the Mexican government is about dealing with THEIR illegal immigrants.

It doesn’t matter that the violence in Mexico that is clearly coming here is so out-of-control in Mexico itself that the man expected to win election as the next governor in the Mexican state of Tamaulipas was just gunned down and murdered.

None of that matters to the despicable left.

The Democrat Party demands that nothing be done at all to stop illegal immigration because they believe they can use the issue to demagogue their way to winning the Hispanic vote.  The Democrat Party demands that Arizona not be allowed to do anything whatsoever to protect themselves.

It doesn’t matter that the Democrat Party and the mainstream media that writes their propaganda are officially hypocritical, demagogic, and yes, frankly both evil and treasonous as well.

We are becoming an out-of-control society on the verge of collapse, and we need to purge ourselves of Democrats as much as we need to purge illegal immigrants.

Law Professors Say Arizona Anti-Illegal Immigration Law Is Constitutional

May 16, 2010

We keep hearing people who claim that the Arizona anti-illegal immigration law (SB 1070) is “unconstitutional.”  But it keeps turning out that those who are decrying it on the mainstream media haven’t actually bothered to even read the law.

Well, the Arizona law is ever bit as “constitutional” as the federal law – considering it basically IS the federal law with even more limitations added to it.

Oh, you’ve got the crowd that says that a state can’t protect its own citizens.  The fact that the federal government has refused to do its job and protect Arizona from illegal immigrants for the last 25 years means nothing.  Let an out-of-control situation continue for ANOTHER 25 years, such people say.

Well, baloney, say three law professors who did something that AG Eric Holder and most liberals have refused to do – and actually bothered to read the law before demonizing it:

REGION: Three USD professors say Arizona law is constitutional
By EDWARD SIFUENTES  May 13, 2010 7:44 pm

Arizona’s controversial new immigration law probably would withstand legal challenges on constitutional grounds, according to a panel of three University of San Diego law professors.

However, the professors said the law could create problems, such as racial profiling, if it is not implemented properly.

The professors spoke Thursday during a panel discussion on UC San Diego’s campus in La Jolla hosted by the Institute of the Americas, an organization that promotes cooperation between the U.S. and Latin America.

Arizona’s law, Senate Bill 1070, requires police officers to check a person’s immigration status if they have a “reasonable suspicion” the person is in the country illegally. It makes it a state crime to be in the country without legal documentation; it already is a federal crime.

Critics say the law, which takes effect later this year, could lead to racial profiling of Latinos and other ethnic minorities. Some Latino and civil rights groups, including the American Civil Liberties Union and the Mexican American Legal Defense and Education Fund, say they plan to challenge the law in court.

Those groups say the Arizona law also violates the U.S. Constitution by interfering with federal immigration power and authority.

Professor Lawrence Alexander, who teaches constitutional law at USD, said that argument would fail because the Arizona law does not conflict with federal immigration law. The state law is only seeking to enforce the federal law, he said.

“I don’t see anything in this law that is going to fail a challenge on the grounds of federal supremacy,” Alexander said.

Alexander was a panelist along with professors Donald Dripps, a scholar on criminal law, and Maimon Schwarzschild, who specializes in constitutional law. Former U.S. Ambassador Jeffrey Davidow, who is president of the Institute of the Americas, served as moderator.

Supporters said the law was needed due to the federal government’s failure to secure the border.

In response, several cities across the country have passed resolutions or urged boycotts to protest the law, including Oakland and San Diego. On Tuesday, San Francisco city supervisors approved a resolution that urges a boycott of Arizona-based businesses and asks sports leagues not to hold championship games or tournaments there.

About 50 people attended the panel discussion at UCSD, including students, attorneys and immigration rights advocates. About a dozen people who spoke during a question-and-answer session criticized the law.

“The problem is the application of the law,” said San Diego immigration attorney Lilia Velasquez. “On the ground, (the) Border Patrol or the police officers in Arizona will arrest people based on their race and maybe solely on their race.”

Under the law, police officers who detain a person, such as in a traffic stop, are required to question a person about his or her immigration status if there is “reasonable suspicion” that the person is in the United States illegally.

The panelists agreed that defining what constitutes “reasonable suspicion” could be problematic. But that alone does not render the law unconstitutional, Alexander said.

“Could a police officer overstep the bounds and do something that the Constitution does not permit? Of course,” he said. “Police officers can do that now. They can do that without the law, but the law itself does not authorize anything that is unconstitutional.”

The Arizona law, which said that race or ethnicity cannot be the only factor prompting a police officer to ask a person’s immigration status, was later amended to say that race could not be considered at all in questioning a person’s status.

Dripps said the U.S. Supreme Court has said that a person’s apparent Mexican ancestry can be a factor in stopping someone for an immigration stop by immigration agents. The question, he said, is whether that authority would also apply to police officers asking someone about his or her immigration status.

Schwarzschild also raised questions about whether the law could be discriminatory.

“I think the answer there is: It could. In the way that it is enforced,” Schwarzschild said. “But it certainly doesn’t, on its face.”

CORRECTION: Law professors incorrectly identified

The original version of this story incorrectly stated that the three law professors who took part taught at UC San Diego. They teach at the University of San Diego School of Law.

We apologize.

In any event, ANY law enforcement officer can abuse ANY law.  If the left wants to abolish this law because a police officer could conceivably abuse it, let’s abolish all laws and have total anarchy instead.

We get to the root of the real issue: the people who are protesting this anti-immigration law are not doing it because it’s “unconstitutional,” but rather because they are opposed to any form of action to deal with the soaring and searing crisis of illegal immigration.  They are open borders fanatics; they are leftwing ideologues who want illegal immigrants from Mexico to be able to undermine the vote of legitimate citizens and impose the next failed socialist Utopia.

They don’t want the United States to do ANYTHING to control our borders.

Here is the text of the Arizona law.  Read it.  If there’s something wrong with it, then cite the relevant passage in your argument.  Don’t give me any of your bogus penumbras and emanations in which you gaze into a crystal ball and find things that aren’t even there simply because you want to see them.

Otherwise, let’s have less complaining, and more shutting the hell up.