THE STATE OF THE CONSTITUTION
MichaelConnelly.Jigsy.com
President Obama made his 2012 State of the
Union address and as expected, it was primarily a
campaign speech to reinforce his changes for
re-election in November.
He is not the first President to have done
this, and will probably not be the last. However,
this speech was different because what Americans
need to look at now, and consider when voting in
November, is not just the State of the Union, but
the State of the Constitution. The fact is that if
we discard our Constitution there will be no union.
The United States of America will cease to exist.
Unfortunately, the Obama administration, with
the help of the leftist elite in the U.S. Senate,
the House of Representatives, and even some Federal
judges are systematically destroying our
Constitution, our freedoms, and our country. It is
not an accident; it is being done with malice and
design. Here are the facts about what has occurred
in the three years that Obama has been in office.
Article 1, Section 8 of the Constitution has
been violated by Congress passing the Obama health
care bill. Congress has no authority under that
section or any other section of the Constitution to
enact legislation requiring the American people to
purchase health care insurance, or to provide free
health care to illegal aliens. Yet, this among other
things is what has been done. I am confident that
the U.S. Supreme Court will rule that it is
unconstitutional; yet, President Obama has
repeatedly shown his disdain for the rulings of the
Judicial Branch of government.
Article 1, Section 1 of the Constitution also
gives Congress the sole legislative powers in the
federal government. Article 2 of the Constitution
that establishes the Presidency and the Executive
Branch of government gives no such legislative
powers to the President. In other words, only
Congress can make laws and the President and his
cabinet appointees can only enforce laws made by
Congress; the President has no authority to make
laws. Yet, that is exactly what Obama is doing.
By misusing the power to issue Executive
orders to enforce laws or take emergency action if
Congress is not in session the President is
bypassing Congress and the Constitution to implement
his personal agenda on immigration, cap and trade,
gun control, and in many other areas. He actually
brags about this in his taxpayer funded campaign
speeches, and during the State of the Union Address
he stated that he plans to continue the practice if
Congress doesn’t do exactly what he demands.
In addition, ever since he took office Obama
has continuously violated Article 2, Section 2 of
the Constitution by making appoints to major
positions in the Executive Branch of government
without the required Senate approval. I’m referring
of course to the over 40 Czars that the President
has appointed. These appointments are in numerous
areas from overseeing the takeover of the automobile
industry to regulating free speech on the internet.
These Czars are not under the control of the
Congress, and are given massive budgets at taxpayer
expense. By the way, the very use of the term Czar
violates Article 1, Section 9 of the Constitution
that specifically forbids the U.S. government from
bestowing titles of nobility on anyone.
Article 2, Section 2 of the Constitution does
give the President the right to make short term
appointments when the Senate is in recess. The
important point here is that the Constitution only
empowers the Senate to declare when it is in recess.
Obama recently showed his disdain for that part of
our governing document by making several high level
appointments when the Senate had not formally
declared a recess. Obama claimed he has the right to
decide when the Senate is in recess. The purpose of
these appointments was to put people in positions of
power that the Senate would not have approved. The
reasons are already becoming clear because the new
appointees to the National Labor Relations Board are
preparing to order companies that are not unionized
to turn over the private phone numbers and email
addresses of their employees to labor union
organizers. This is a clear violation of the right
of privacy of these individuals.
Article 2, Section 2 also authorizes the
President of the United States to sign treaties with
other countries; however, the Senate must ratify the
treaties by a two thirds vote of those Senators
present and voting. Now Obama has decided that this
Constitutional requirement should not keep him from
doing what he wants. Since the SOPA and PIPA bills
were withdrawn in Congress Obama is looking for a
new way to take control of the Internet and limit
freedom of speech.
According to the U.S. Justice Foundation
Obama is going to sign and enforce an international
treaty “which will give governments and special interest groups the power
to shut down websites, and terminate your access to
the internet, without the due process of law.” It is
called the ACTA Treaty and Obama does not intend to
send it to the Senate for ratification, but instead
will do it as a “sole Executive Agreement.”
There is nothing in the Constitution that
allows such agreements although Federal courts have
allowed Presidents to enter into some international
agreements that are minor in nature. The ACTA
agreement is not minor, but would allow websites to
be shut down, such as my blog site, at the whim of
the President. I also suspect that Obama is planning
to use the same approach to enter into and enforce
the United Nations “Small Arms Treaty” that would
virtually eliminate the 2nd Amendment to
the Constitution that protects the rights of
Americans to keep and bear arms.
The state of the constitution is not good; in
fact it is gravely ill. This article has just
scratched the surface and in my next post I will
talk more about Obama’s all out assault on the Bill
of Rights. A good friend of mine recently said that
this upcoming election is not about personalities or
even the economy. It is instead a referendum on the
Constitution and whether it and our American way of
life are to survive. I concur with that statement.
mrobertc@hotmail.com
www.michaelconnelly.jigsy.com
www.constitution.jigsy.com