Posts tagged law
Where In The Constitution Does It Say Obama Can Rule By Decree And “Do Whatever He Wants”?
By making “at least a dozen major adjustments” to Obamacare without congressional approval, Barack Obama is making a mockery of the U.S. Constitution. Throughout human history, political power has always tended to become concentrated in the hands of one man. The Founding Fathers knew this, and they tried very hard to keep that from happening in the United States. A system in which the people rule themselves is a very precious and fragile thing. As humans, we all have the tendency to want more power. That is why a “separation of powers” was such a radical concept. As Bill Federer is constantly pointing out, the Founding Fathers made our federal government inefficient on purpose. They wanted a system of checks and balances that would make it difficult to push through major changes very rapidly. Unfortunately, Barack Obama has become extremely frustrated by this and has expressed his intention to rule by decree as much as he can during the remainder of his second term.
In our system, the legislature is supposed to make the laws, and the executive branch is supposed to execute them. But Obama does not seem to care for that arrangement too much. Just recently, he made the following statement…
“We’re not just going to be waiting for legislation in order to make sure that we’re providing Americans the kind of help they need. I’ve got a pen and I’ve got a phone.”
And during a visit to Monticello on Monday, Obama said the following…
“That’s the good thing about being president, I can do whatever I want.”
Of course that was probably a joke, but it just reveals what his mindset is.
Obama believes that he has a tremendous amount of power, and he has consistently exhibited a blatant disregard for the U.S. Constitution.
This week, Obama made another major change to the Affordable Care Act without getting congressional approval. At this point, it has become clear that Obama believes that he can change any law, for any reason, any time that he likes.
The following is what the Wall Street Journal had to say about this most recent lawless act…
‘ObamaCare” is useful shorthand for the Affordable Care Act not least because the law increasingly means whatever President Obama says it does on any given day. His latest lawless rewrite arrived on Monday as the White House decided to delay the law’s employer mandate for another year and in some cases maybe forever.
This latest “modification” directly contradicts the plain language of the law, and if the American people do not object to this it will let Obama (and all other future presidents) know that they truly “can do whatever they want”.
Charles Krauthammer is completely outraged by all of this. He says that this is the kind of “stuff you do in a banana republic”…
But generally speaking you get past the next election by changing your policies, by announcing new initiatives, but not by wantonly changing the law lawlessly. This is stuff you do in a banana republic. It’s as if the law is simply a blackboard on which Obama writes any number he wants, any delay he wants, and any provision.
It’s now reached a point where it is so endemic that nobody even notices or complains. I think if the complaints had started with the first arbitrary changes — and these are are not adjustments or transitions. These are political decisions to minimize the impact leading up to an election. And it’s changing the law in a way that you are not allowed to do.
And he is right.
For those that have not read it, the U.S. Constitution states that the president “shall take Care that the Laws be faithfully executed“.
If Obama wants part of Obamacare to be changed, he must ask Congress to change it.
He cannot change laws all by himself.
As Stanford Law School Professor Michael McConnell stated last year, the Office of Legal Counsel for the Justice Department “has always insisted that the president has no authority, as one such memo put it in 1990, to ‘refuse to enforce a statute he opposes for policy reasons.’”
What in the world is happening to this country?
Meanwhile, those that are objecting to the lawless behavior of the Obama administration are increasingly being portrayed as national security threats. This is also the kind of thing that we are accustomed to seeing in banana republics. According to a recent WND article, the Ohio Army National Guard conducted a training drill last year in which the “enemies” were supporters of the 2nd Amendment and had “right-wing beliefs“…
Internal documents from an Ohio Army National Guard training drill conducted in January 2013 describe the details of a mock disaster in which Second Amendment supporters with “anti-government” beliefs were portrayed as domestic terrorists.
The Guard’s 52nd Civil Support Unit and first responders in hazmat suits conducted the training exercise last year in Portmouth, Ohio. In the terror-attack scenario, two Portsmouth Junior High School teachers follow orders from a white-nationalist leader to poison school lunches with mustard gas to advance their “right-wing” beliefs about gun rights.
“It’s the reality of the world we live in,” Portsmouth Police Chief Bill Raisin told WSAZ-TV. “Don’t forget there is such a thing as domestic terrorism. This helps us all be prepared.”
Sadly, this was far from an isolated incident. For many more examples, please see my previous article entitled “72 Types Of Americans That Are Considered ‘Potential Terrorists’ In Official Government Documents“.
Whether you support Barack Obama or you are deeply opposed to him, hopefully we can all agree that he needs to follow the law.
Hopefully good sense will prevail and Obama will stop trying to rule by decree. There is a reason why we have a separation of powers and a system of checks and balances. One man is not supposed to make all of the decisions. The members of Congress should be loudly objecting to this massive power grab by Obama.
Please pray for Barack Obama and for Congress. Up to this point, they have been behaving very foolishly. Let us pray that they will soon return to following the U.S. Constitution.
This article first appeared here at the The American Dream. Michael Snyder is a writer, speaker and activist who writes and edits his own blogs The American Dream and Economic Collapse Blog. Follow him on Twitter here.
Image credit: http://endoftheamericandream.com
SF District Attorney & Lobbyists Push Bill for Cellphone ‘Kill Switch’
California state senator Mark Leno and District Attorney George Gascón are collaborating with other officials to push legislation (SB 962) that would mandate a “kill switch” be implemented on mobile devices that have been stolen or lost.
Gascón claims: “More than half the robberies in his city involve theft of mobile devices. He said the industry has debated the use of deterrent technology for too long. “The wireless industry must take action to end the victimization of its customers.”
The district attorney said: “This is an important day for wireless consumers everywhere. This legislation will require the industry to stop debating the possibility of implementing existing technological theft solutions and begin embracing the inevitability. The wireless industry must take action to end the victimization of its customers.”
Beginning in 2015, all smartphones imported for sale in California will have to be outfitted with this “security system”; as well as exports from the West Coast.
The proposed legislation reads: “A technological solution may consist of software, hardware, or a combination of both … but shall be able to withstand a hard reset.”
Leno stated that either the kill switch “or other protective features” would be mandated by law and require re-registering of phones currently not equipped with the device.
Los Angeles Mayor Eric Garcetti explained that “this legislation is critical to reducing robberies.”
Last year the Secure Our Smartphone Initiative (SOSI) created by Eric Scheiderman, attorney general for New York Gascón to bring awareness and solutions to the nationwide theft of smartphones.
The solution is to implore cell phone manufacturers to implant a kill switch so that “when consumers reported to providers that their cellphone had been stolen, the phone, like a stolen credit card, would be rendered inoperable.”
The coalition will be comprised of:
• Law enforcement
• Consumer advocates
• Political officials
Gascón and Schneiderman will meet with representatives from Apple, Samsung, Motorola and Microsoft to discuss this increasing problem.
Schneiderman said: “It is totally unacceptable that we have an epidemic of crime that we believe can be eliminated if the technological fixes that we believe are available are put into place.”
Gascón explained: “The industry has the moral and the social obligation to fix this problem. There are very few things that can be fixed with a technological solution, and this is one of them.”
Apple will be adding a feature that will turn an iPhone off if a thief tries to use it while imitating a tracking program to find the phone’s location if the thief uses the wrong password to unlock the phone.
Schneiderman believes that if a person can cancel a credit card, they should be able to cancel a phone.
Kevin Mahaffey, co-founder of Lookout , a mobile security corporation, warns: “If there is a mechanism by which somebody can remotely disable and brick a device, we don’t want that to be a target for malware.”
Lookout has collaborated with law enforcement agencies to build kill switches on smartphones so that “all of a sudden if there were a way that you can cause millions of devices to all of a sudden become inoperable, that can be a huge amount of money if somebody attacks that system.”
DRAMA Fry Cook Shifted to Part-Time Work Confronts Obama
During a Google Hangout session last week Friday, fry cook Darnell Summers told President Obama that his hours were cut due to the Affordable Care Act. “We were broken down to part time to avoid paying health insurance,” he said. Summers explained that he makes $7.25 an hour and has been on strike four times seeking a wage increase. “We can’t survive, it’s not livin’,” he said.
Obama responded by babbling that states should increase the minimum wage. “I am working to encourage states, governors, mayors, state legislators to raise their own minimum wage,” Obama said. “Obviously, the way to reach millions of people would be for Congress to pass a new federal minimum wage law. So far, at least, we have not seen support from Republicans for such a move.”
Got that? Summers got his hours cut from full time to part time because of the increased costs of Obamacare that his employer faced and Obama’s solution is to call for a higher minimum wage, which would even add greater cost to the employer.
(Via National Review)
New Snowden Interview (Full Video)
Congressmen Oppose Fast Track & Trans-Pacific Partnership
Last week, House Representative Tim Bishop met with union leaders, environmentalists and various activists to join forces against the fast track being debated in Congress concerning the Trans-Pacific Partnership (TPP).
To the attendees, Bishop said: “I urge my colleagues in Congress to do something, to see to it that we help to create an economy that creates good, solid, middle-class jobs. This agreement takes us in the opposite direction.”
Bishop wrote a letter to President Obama stating that he and 150 other members of the House reject the fast track.
John Rizzo, chief economist for the Long Island Association (LIA) commented: “International trade fosters increased competition, and thus lowers prices for both consumers and businesses. However, he also said some companies wouldn’t be able to withstand greater competition and likely would lay off workers and in some cases, shut down. There are costs and benefits to free trade; it’s not a slam dunk.”
Leaked documents showing the second draft of the TPP highlight how nations differ on issues of intellectual property; specifically that the US is attempting to usurp control over intellectual property rights.
These differences extend to matters of law, rulemaking and the environment.
On one hand the US is pushing for climate change reforms, while opposing other environmental protections.
US negotiators are vying for the interests of:
• American based corporations
• Big tobacco
• Big pharma
• Silicon Valley
• Oil corporations
• Beef producers
• Corporate dairy farmers
• Rice producers
• Textile manufacturers
• Wall Street bankers
One point of the TPP is to ensure sovereignty among corporations which is why they have been integral in the creation of the drafts while schmoozing those they deem having power to sway the final document as in their best interests.
The TPP is shaping up to be a viable model for the future of subversive governance where corporate-backing and back-door deals are the only leverage to back decisions on Capitol Hill.
In other words, the TPP will cement corporatism as the new standard by which governments operate.
The opposition to the TPP is organized and ready to speak out against the secret negotiations that will change the course of trade across the globe.
Those partnering against the TPP include:
• Public Citizen
• Demand Progress
• Open Media International
• Progressive Democrats of America
• International Forum on Globalization
• GMO Free USA
• Organic Consumers Association
David Thomas, vice president of trade policy at the Business Roundtable (BR), explained that the TPP is simply just “another trade pact [like] the Transatlantic Trade and Investment Partnership, [and] will open markets with nearly 1 billion consumers for U.S. companies and workers.”
In February, negotiations regarding the TPP will resume .
Meeting at the World Economic Forum (WEF), Toshimitsu Motegi, the Japanese Economy, Trade and Industry Minister and Michael Froman, the US trade representative said that the US and Japan will work closely together during the conclusion of the TPP talks.
Media claims that “after years of sensitive multilateral talks, any congressional meddling would torpedo the agreement. Populists on the left and right fear trade agreements like these for a variety of overlapping reasons. The left fears a corporate takeover of the political sphere, the right fears the erosion of national sovereignty. Both fear the disappearance or weakening of certain national industries.”
The Communications Workers of America (CWA) call the TPP, “NAFTA on steroids.”
The National Farmers Union (NFU) opposes the fast track because this authoritarian power “would allow trade agreements to move through Congress with limited debate and without amendments.”
Image credit: http://www.occupycorporatism.com
About the author:
Federal Reserve Hides Trillions?
Still Report #131 — Fed Hides Trillions?
Video published by Bill Still
Lawsuit in U.S. District Court accuses the Fed of “embezzling” $7 Trillion from the United States.
A False Claim (whistleblower) suit has been filed naming the Federal Reserve as defendants. The Federal Reserve (FRBNY and BOG) are accused of hiding a trillion dollars annually using their exclusive handling of records and disbursement of the Treasury security auction accounts.
Those accounts are claimed to have never been subject to independent audit nor have they ever been reported to Congress as required by law.
The Amended Complaint filed in Federal District Court in Kansas City alleges the BOG is operating as a government contractor as defined by the Supreme Court and is not an agency immune from suit. Further, their systemic violation of the law that all profit of the Fed belongs to the government is alleged to negate any claim to government immunity.
Improperly handled funds subject to recovery are statutorily limited to a six year limit. Penalties allow for triple damages.
The link to the legal cite on Scribd:
County Sheriff Challenges FL Governor on Guns – Sheriff Nick Finch
Published by NextNewsNetwork
The state of Florida has issued over 2 million permits since the passage of its concealed carry law in 1987 to legally allow residents of the Sunshine State to bear firearms in public. Floyd Eugene Parish, on the other hand, was arrested for open carrying in March of this year, which is a third degree felony.
The Second Amendment of the U.S. Constitution says that “the right of the people to keep and bear arms, shall not be infringed.”
Next News Network’s WHDT World News Program airs daily at 6pm and 11pm Eastern on Comcast, DirecTV and Over-the-Air and Online at http://usmediavault.com/WHDT.html
Posted by Judy Morris
NJ Supreme Court Rules Law Enforcement Must Obtain Warrants to Track Cell Phones
TRENTON — In a trailblazing decision that expands electronic privacy rights in New Jersey, the state Supreme Court ruled today that law enforcement agencies must get warrants if they want to track crime suspects by tracing the signals from their cell phones.
“Cell phones are not meant to serve as tracking devices to locate their owners wherever they may be,” Chief Justice Stuart Rabner wrote in the 7-0 decision.
The state’s high court is the first in the country to impose such a ruling, and former state justices and legal experts said the decision could ripple throughout the states and in federal courts wrestling with the same questions on the collection and use of electronic data.
Read the rest at NJ.com, here.
Democrats Defy White House on Obamacare, Vote Against Individual and Employer Mandates
The president doesn’t have the authority to just delay the employer mandate part of Obamacare. He can’t just say (as he did) “OK we’ll move it back another year because things are so screwed up.” The law states that it is supposed to go into effect on October 1st 2013.
The GOP in the House offered to make Obama’s decree legal by passing a law delaying the employer mandate. This is what one does in a country which is supposed to be under the rule of law. The president is not king.
But then, fearing an assault on his perceived (by some) power (that whole rule of law thing is such a pain) the President threatened to veto any bill which expressly gave his administration the power to delay the bill.
You see, he has said it will be so, the law be damned. Congress isn’t going to tell him what to do, even if it is the law.
Interestingly a group of Democrats in the house voted to pass the bill anyway. Some even voted to delay the individual mandate as well as the employer mandate.
These Dems knew the president was overstepping his authority and likely because they are vulnerable said something about it. Congress is supposed to write the laws. Congress is a co-equal branch with the Executive ( and also the Supreme Court) of the US government. Obama doesn’t just get to make up the rules as he goes along, no matter how big a disaster Obamcare is.
Also, the main constituency fretting about the delay of Obamacare? You guessed it, the insurance industry. They did write the law so I guess it’s to be expected.
About Nick Sorrentino
Nick Sorrentino is the co-founder and editor of AgainstCronyCapitalism.org. A political and communications consultant with clients across the political spectrum, he lives just outside of Washington DC where he can keep an eye on Leviathan.
Posted by Judy Morris
Governor Of Alaska Signs Hb 69, Nullifies Federal Gun Laws, Ndaa Indefinite Detention, Real Id Act
Following the hard work of Alaskans, the legislature, and Americans around the country, and with one swift signature from Alaskan Governor Sean Parnell, HB 69 has:
Made Alaska the second state to successfully complete the nullification of the national defense authorization act’s sections 1021 and 1022
Declared tyrannical federal gun laws infringing upon the 2nd amendment enumerated Rights unenforceable and unconstitutional, including barring any state resources or participation
Stopped and forbidden any participation or implementation of the REAL ID Act / National ID program
“The harder the conflict, the more glorious the triumph” -Thomas Paine
The signed legislation, Alaska HB 69, which is now officially law, is summarized:
“Prohibiting state and municipal agencies from using assets to implement or aid in the implementation of the requirements of certain federal statutes, regulations, rules, and orders that are applied to infringe on a person’s right to bear arms or right to due process or that implement or aid in the implementation of the federal REAL ID Act of 2005; exempting certain firearms, firearm accessories, and ammunition in this state from federal regulation; declaring certain federal statutes, regulations, rules, and orders unconstitutional under the Constitution of the United States and unenforceable in this state; requiring the attorney general to file any legal action to prevent implementation of a federal statute, regulation, rule, or order that violates the rights of a resident of the state; and providing for an effective date.”
Read the rest at Daily Paul, here.