Thursday, April 5, 2012

It’s Chilly in Here

In the White House Rose Garden on Monday, President Obama said this: “Ultimately, I’m confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically-elected Congress.”1 But it is certainly not unprecedented for the Supreme Court to overturn law – that’s one of the roles of the Supreme Court. What IS unprecedented is that the President feels that he can challenge the Supreme Court’s fundamental, constitutional authority. Article III, Section 2, Paragraph 1 of the United States Constitution states: “The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, …”. In fact the Supreme Court has overturned laws approved by Congress over 160 times since Marbury v. Madison in 1803. Marbury v. Madison was a landmark case, as it formed the basis for the exercise of judicial review in the United States.2 President Obama has since tried to back away from what he said, but it is damage control that has been largely ineffective.

Last year, on Wednesday, September 11, 2011, President Obama, frustrated that Congress was not behaving as he wished, declared this: “There are times where -- until Nancy Pelosi is speaker again -- I'd like to work my way around Congress."3 And he proceeded to use executive orders and administrative regulation to implement many policies without congressional approval.4

More recently, last week, Obama met with out-going Russian President Dimitri Medvedev. Thinking that the conversation was private, President Obama told Medvedev to wait for his second term, because then he will be more flexible to do more.5 The implication was clearly that Obama would consider relaxing our defenses in Europe. But, doing so would be contrary to the wishes of the American people, and publically declaring his intentions now would hurt his chances for reelection. This begs the question of how many other unfavorable policies Obama plans to implement in his second term, after he isn’t facing reelection.

In summary, Obama’s own words tell a story of a president who desires power far beyond that granted to the presidency by the Constitution. And he does not want the electorate to know his plans for a second term. Obama doesn’t respect the will of the people, as evidenced by his disdain for Congress. He doesn’t respect the rule of law, as evidenced by his feeling of superiority over the Supreme Court. And he is hiding who-knows-what harmful plans he has for his second term. Couple all that with the fact that the President is Commander In Chief of the most powerful armed forces in the world, and all he needs to declare martial law is a national emergency, the severity of said emergency being left to the President to quantify, and we have a situation which is very chilling – at least to me. We are one national emergency and one signature away from tyranny.

[Coincidentally as I was finishing up this article, I had “Your World with Neil Cavuto” on in the background. Neil was interviewing Judge Andrew Napolitano, and they were discussing Obama’s declaration about the Supreme Court, cited above. The Judge closed with the comment: “I think the President is dangerously close to totalitarianism.”6]


References:


1. Fox News - America Live, 4/4/2012

2. Wikipedia – Marbury v. Madison
http://en.wikipedia.org/wiki/Marbury_v._Madison

3. Obama: I'd like to work my way around Congress - Washington Examiner
http://campaign2012.washingtonexaminer.com/blogs/beltway-confidential/obama-id-work-my-way-around-congress

4. President Ramps Up His End-Run Around Congress
http://abcnews.go.com/blogs/politics/2011/10/president-ramps-up-his-end-run-around-congress/

5. Godfather Politics - Barack Obama Warns Americans about His Second Term as President of the United States
http://godfatherpolitics.com/4520/barack-obama-warns-americans-about-his-second-term-as-president/

6. Andrew Napolitano is a former New Jersey Federal Superior Court Judge, constitutional scholar, and currently Fox News senior legal analyst.






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