PRESIDENTIAL LAWLESSNESS
By
Maj.
Gen. Jerry R. Curry, US Army Ret.
CurryforAmerica.com
Republican speaker of the House John A. Boehner says
concerning the White House, “There’s widespread
doubt about whether this administration can be
trusted to enforce our laws.”
The administration says it wants the Congress
to pass comprehensive immigration laws. But to do so
the administration must first begin to enforce
existing immigration laws, starting with gaining
control of the nation’s southern border. Boehner’s
conclusion is that no matter what is agreed to by
the Congress and no matter what the new
comprehensive immigration laws may say, “Mr. Obama
can’t be trusted to follow through on them.”
This
is because President Obama has loosed a spirit of
lawlessness in the land that is in great measure
felt throughout not just our nation, but throughout
the world. If the President of the United States
cannot discipline himself or find it in his power to
govern the nation by obeying the rule of law, there
is little hope that the rulers of other world
nations, especially in the third world, will respect
justice and the rule of law.
Since
our constitution was adopted, over two hundred years
ago, the US has set the world’s standard for nations
governing themselves by the rule of law. Writing
while the constitution was still in the process of
being written and adopted, Revolutionary War Citizen
Thomas Paine said, “So deeply rooted were all the
governments of the old world, and so effectually had
the tyranny and the antiquity of habit established
itself over the mind, that no beginning could be
made in Asia, Africa, or Europe, to reform the
political condition of man,” the President of the US
or his political party. “Freedom had been hunted
around the globe; reason was considered as
rebellion.” Paine fiercely believed that nations
should stop just making changes in persons and
measures, that the world situation required changes
in principles and only the US was founded upon such
principles.
Contrary to Citizen Paine’s beliefs, our current
President believes that he can arbitrarily suspend
an act or law of Congress indefinitely or at any
time he so desires. For example, he has modified the
Affordable Care Act’s implementation over two dozen
times even though by law only the Congress can amend
an act of Congress. So when he so lawlessly changes
the implementation date, as he has for the umpteenth
time, he is placing himself above both the law and
the constitution. According to him American law is
whatever he says it is, without regard for the other
supposedly equal branches of government: the
Congress and the Supreme Court. For him, there is no
Rubicon to be crossed because he himself is the
Rubicon.
But
if the President of the US can so freely abuse his
power and not be bound by the nation’s constitution,
then neither should the House of Representatives and
the Supreme Court be bound by the Constitution. In
fact, both parties in Congress, especially the
President’s party, should be willing to act forcibly
against any president who exceeds his constitutional
authority as this one so casually does. Furthermore,
it is against the law for legislators to willingly
and openly cede their constitutional authority to a
sitting president. This is not a power grab on the
part of the president. Rather, it is a cowardly,
illegal, congressional surrender.
President Obama’s lawless rewrite of the Affordable
Care Act means that the law is whatever he says it
is without regard for the Congress and the Supreme
Court. The Act does not give the Administration the
authority to change the Act’s date of implementation
so when he cavalierly and lawlessly changes the date
of implementation as he just did for the umpteenth
time, he is placing himself above the law and the
Constitution.
Where
have all the statesmen gone and why do senior public
servants find it so quick and easy to lie, evade
responsibility and to blame others for their own
failures and short comings? The nation’s goal should
not be to light a fire under its public servants,
but rather to light a fire within them.
There
is a four word sentence whose answer clearly spells
out the first step toward resolving our conflicts?
“Who is in charge?” Once that is settled, the next
steps automatically fall into place.