The rising of a World President by discarding the US Constitution from within.

Posted: March 19, 2012 in media, UnConstitutional
Tags: , , , , , , , , ,

In Obama’s own words prior to presidency played on Mark Levin

Strassel: The IRS Scandal Started at the Top

The bureaucrats at the Internal Revenue Service did exactly what the president said was the right and honorable thing to do.

  • By KIMBERLEY A. STRASSEL

Columnist's name
Was the White House involved in the IRS’s targeting of conservatives? No investigation needed to answer that one. Of course it was.President Obama and Co. are in full deniability mode, noting that the IRS is an “independent” agency and that they knew nothing about its abuse. The media and Congress are sleuthing for some hint that Mr. Obama picked up the phone and sicced the tax dogs on his enemies.

But that’s not how things work in post-Watergate Washington. Mr. Obama didn’t need to pick up the phone. All he needed to do was exactly what he did do, in full view, for three years: Publicly suggest that conservative political groups were engaged in nefarious deeds; publicly call out by name political opponents whom he’d like to see harassed; and publicly have his party pressure the IRS to take action.

Mr. Obama now professes shock and outrage that bureaucrats at the IRS did exactly what the president of the United States said was the right and honorable thing to do. “He put a target on our backs, and he’s now going to blame the people who are shooting at us?” asks Idaho businessman and longtime Republican donor Frank VanderSloot.

image

 Getty Images

At the White House, President Obama addresses the IRS scandal, May 15.

Mr. VanderSloot is the Obama target who in 2011 made a sizable donation to a group supporting Mitt Romney. In April 2012, an Obama campaign website named and slurred eight Romney donors. It tarred Mr. VanderSloot as a “wealthy individual” with a “less-than-reputable record.” Other donors were described as having been “on the wrong side of the law.”

This was the Obama version of the phone call—put out to every government investigator (and liberal activist) in the land.

Twelve days later, a man working for a political opposition-research firm called an Idaho courthouse for Mr. VanderSloot’s divorce records. In June, the IRS informed Mr. VanderSloot and his wife of an audit of two years of their taxes. In July, the Department of Labor informed him of an audit of the guest workers on his Idaho cattle ranch. In September, the IRS informed him of a second audit, of one of his businesses. Mr. VanderSloot, who had never been audited before, was subject to three in the four months after Mr. Obama teed him up for such scrutiny.

The last of these audits was only concluded in recent weeks. Not one resulted in a fine or penalty. But Mr. VanderSloot has been waiting more than 20 months for a sizable refund and estimates his legal bills are $80,000. That figure doesn’t account for what the president’s vilification has done to his business and reputation.

The Obama call for scrutiny wasn’t a mistake; it was the president’s strategy—one pursued throughout 2012. The way to limit Romney money was to intimidate donors from giving. Donate, and the president would at best tie you to Big Oil or Wall Street, at worst put your name in bold, and flag you as “less than reputable” to everyone who worked for him: the IRS, the SEC, the Justice Department. The president didn’t need a telephone; he had a megaphone.

The same threat was made to conservative groups that might dare play in the election. As early as January 2010, Mr. Obama would, in his state of the union address, cast aspersions on the Supreme Court’s Citizens United ruling, claiming that it “reversed a century of law to open the floodgates for special interests” (read conservative groups).

The president derided “tea baggers.” Vice President Joe Biden compared them to “terrorists.” In more than a dozen speeches Mr. Obama raised the specter that these groups represented nefarious interests that were perverting elections. “Nobody knows who’s paying for these ads,” he warned. “We don’t know where this money is coming from,” he intoned.

In case the IRS missed his point, he raised the threat of illegality: “All around this country there are groups with harmless-sounding names like Americans for Prosperity, who are running millions of dollars of ads against Democratic candidates . . . And they don’t have to say who exactly the Americans for Prosperity are. You don’t know if it’s a foreign-controlled corporation.”

Short of directly asking federal agencies to investigate these groups, this is as close as it gets. Especially as top congressional Democrats were putting in their own versions of phone calls, sending letters to the IRS that accused it of having “failed to address” the “problem” of groups that were “improperly engaged” in campaigns. Because guess who controls that “independent” agency’s budget?

The IRS is easy to demonize, but it doesn’t exist in a vacuum. It got its heading from a president, and his party, who did in fact send it orders—openly, for the world to see. In his Tuesday press grilling, no question agitated White House Press Secretary Jay Carney more than the one that got to the heart of the matter: Given the president’s “animosity” toward Citizens United, might he have “appreciated or wanted the IRS to be looking and scrutinizing those . . .” Mr. Carney cut off the reporter with “That’s a preposterous assertion.”

Preposterous because, according to Mr. Obama, he is “outraged” and “angry” that the IRS looked into the very groups and individuals that he spent years claiming were shady, undemocratic, even lawbreaking. After all, he expects the IRS to “operate with absolute integrity.” Even when he does not.

Write to kim@wsj.com.

A version of this article appeared May 17, 2013, on page A13 in the U.S. edition of The Wall Street Journal, with the headline: The IRS Scandal Started at the Top.

Immelt: Communist China ‘Works’

8:09 PM, DEC 10, 2012 • BY DANIEL HALPER

The chairman of the President Barack Obama’s Council on Jobs and Competitiveness, Jeffrey Immelt, the CEO of GE, praised China this morning on CBS:

“China is changing,” said CBS host Charlie Rose. “It may be being stabilized as we speak. What does that mean for China and what does it mean for the United States? Should it change expectations?”

“It is good for China,” said Immelt. “To a certain extent, Charlie, 11 percent is unsustainable. You end up getting too much stimulus or a misallocation of resources. They are much better off working on a more consumer-based economy, less dependent on exports. The one thing that actually works, state run communism a bit– may not be your cup of tea, but their government works.”

Via the Washington Free Beacon.

Report: Obama Congratulates Top Chinese Communist on New Position

11:45 AM, NOV 15, 2012 • BY DANIEL HALPER

A report in the Chinese state-run Xinhua outlet claims that President Barack Obama congratulated Xi Jinping on his “election” to be the top Communist in China. Jinping will be the next president of China, and now controls the Chinese military.

china-flag.gif

“I recall your successful visit to the United States last February, and the positive and constructive discussions we had about the future of U.S.-China relations,” Obama reportedly told the Chinese Communist chief.

“I look forward to working with you in the years ahead to continue building a cooperative partnership that benefits both of our peoples and advances peace and prosperity, especially through practical cooperation on regional and global economic and security challenges.”

The congratulatory comment was made in regard to Jinping being promoted to head of the Chinese Communist party.

The White House has not released a read out of the apparent call between Obama and Jinping

Russian prime minister Dmitry Medvedev also had nice things to say to Jinping.

“I am convinced that the implementation of the Decisions of the 18th Congress of the CPC will serve to further the prosperity of the friendly People’s Republic of China,” Medvedev said, according to Xinhua.

“I am ready for an active joint work with you so as to further strengthen cooperation between the United Russia Party and the Communist Party of China,” Medvedev also said, expressing support.

**********************************************************************

- Ed Driscoll - http://pjmedia.com/eddriscoll -
Click here to print.

How Badly Does Salon Hate President Obama?

Posted By Ed Driscoll On January 24, 2013 @ 11:05 am In Liberal Fascism,Muggeridge’s Law,OhThat Liberal Media!,The Making of the President,The Return of the Primitive,War And Anti-War24 Comments

Or at the very least, how much does Salon distrust Obama?

Much like the Atlantic publishing a Scientology infomercial last week — and then realizing the full horror of what they had done, sending it off to 404-land later the same day — yesterdaySalon published a pro-“Truther” article titled “Give truthers a chance?,”  and then pulled it even faster than the Atlantic’s own disappearing act.

The Salon article ran two days after Obama’s second inauguration, but for a moment, cast your mind back to 2008 and early 2009, and his initial presidential campaign and inauguration. On the day before the Fourth of July in 2008, as a presidential candidate, Barack Obama declared that George Bush was “unpatriotic” merely because his administration was spending too much. (Chutzpah, thy name is Barry O.)

Immediately upon taking office, don’t you think Obama would have loved — loved! — to have been able to give a nationally televised speech from the Oval Office and stentoriously explain to the American people in copious detail the full horror of what he had discovered after finally having the chance to go through the White House files? Considering who would have had to have been involved — from Bush and Cheney to Rudy Giuliani down to the team that wired up the WTC with explosives — Obama would have had his dream moment of destroying the Republican brand name forever.

And if not Obama, then why not someone on his staff? As Mark Steyn told Hugh Hewitt in September of 2009 when self-admitted Truther Van Jones crashed and burned:

HH: In Obama’s America, Van Jones has come to great prominence. Today, the latest, he’s President Obama’s green jobs advisor, last night he had to apologize for calling Republicans a**holes.

MS: Right.

HH: And the remark said they do not reflect the view of this administration. Actually, I think they do reflect the views of this administration. But today, it was revealed, he’s a truther. He joined, in 2004, he signed a statement calling for then-New York Attorney General Eliot Spitzer and others to launch an investigation into evidence that suggest high level government officials may have deliberately allowed the September 11th attacks to occur. How long would a Bush administration official who called Democrats a**holes and was a truther lasted, Mark Steyn?

MS: Exactly. I mean, this is the thing. We’re supposed to be the crazy guys. We’re supposed to be the ones who don’t distance ourselves from the loons. You know, we’re the…Glenn Beck is supposed to be bananas. The birther movement are supposed to be the nuts. And yet, and yet, it is somehow the reality-based community, or whatever these guys call themselves, that has managed to put a 9/11 truther two doors away from President Obama in the Oval Office. And if he really thinks that the federal government pulled off 9/11, then he’s inside the system. Why doesn’t he uncover the truth of it? He’s the green jobs czar. Presumably, in the previous administration, George W. Bush was the steel melting czar. So why doesn’t he just take a look in the filing cabinets, and expose the truth on it? It’s an absolute, it’s not just ludicrous, but it is absolutely outrageous that this fellow has been appointed as one of Obama’s various czars. What I found interesting about the guy is that he’s a communist. Now I assume when people say oh, he used to be a communist, that they were communists in the 60s or 70s, you know, when it was cool, the spirit of 1968 and all that. This guy became a communist in the 90s. He became a communist after the Russians and the Bulgarians and the Romanians and the Czechs and even partly the Chinese, and even the Vietnamese had all given up on it.

So clearly, by 2013 and the time of Barack Obama’s second inauguration, if there was an inside job to bring down the WTC, Obama must know about it himself — and he’s covering it up. He’s in on it! And yet, the same 35 percent or so of Democrats who are Truthers — who all believe in this wheels within wheels Oliver Stone meets the Manchurian Candidate meets Seven Days In May on-steroids vast conspiracy to this day — all voted for a man who must now be part of the conspiracy himself. Otherwise, he has to be the biggest dupe in the history of the White House for not being curious enough to ask his aides to find out what happened now that they have the keys to the kingdom themselves. And this is the story Salon chose to run two days after his inauguration.

All of which means that over a decade after 9/11, PJM contributor Kathy Shaidle’s own Occam’s Razor-esque debunking of Trutherism still rings true. As Steyn wrote in 2006:

When I was on the Rush Limbaugh show a couple of months back, a listener called up to insist that 9/11 was an inside job. I asked him whether that meant Bali and Madrid and London and Istanbul were also inside jobs. Because that’s one expensive operation to hide even in the great sucking maw of the federal budget. But the Toronto blogger Kathy Shaidle made a much sharper point:

“I wonder if the nuts even believe what they are saying. Because if something like 9/11 happened in Canada, and I believed with all my heart that, say, Stephen Harper was involved, I don’t think I could still live here. I’m not sure I could stop myself from running screaming to another country. How can you believe that your President killed 2,000 people, and in between bitching about this, just carry on buying your vente latte and so forth?”

Over to you, Col. de Grand Pre, and Charlie Sheen, and Alan Colmes.

Do the Truthers ever ponder any of this? Or is it simply a case, as with JFK’s assassination, of wanting to imagine that the scope of the events leading up to a world-changing catastrophe are equal to the horror caused by the moment itself? Or, again, as with JFK, not wanting to explore the worldview of the perpetrator of the crime? And even more so than the death of JFK, given the magnitude of destruction on 9/11, and the number of insiders whom the truthers think must be in on the logistics, note that none have yet to come forth to sell the rights to his story, or at the least, to do a 60-Minutes style interview where they’ve disguised his voice and pixelated his image.

Another question: do the layers and layers of fact checkers and editors at a publication like Salon ever ponder any of these notions?

Related: From John Nolte at Big Journalism, “Salon Doesn’t Believe Fire Melts Steel”:  This is what happens “when you watch Rosie instead of reading a book.”


Article printed from Ed Driscoll: http://pjmedia.com/eddriscoll

URL to article: http://pjmedia.com/eddriscoll/2013/01/24/how-badly-salon-does-hate-barack-obama/

Copyright © 2013 Pajamas Media. All rights reserved.

Obama Lawyer Admits Forgery but disregards “image” as Indication of Obama’s Ineligibility Damage Control

More articles by  »

Posted by: 
Categories: Breaking NewsFeaturedThe President

A recent ballot challenge hearing in New Jersey exposes a desperate strategy by Obama to distance himself from his forged certificate and induce the contrived value of his transient political popularity as the only “legitimate qualification” needed to hold the office of the presidency.

By Dan Crosby of THE DAILY PEN
Editor: Penbrook Johannson

Thursday, April 12, 2012

NEW YORK, NY – After a Maricopa County law enforcement agency conducted a six-month forensic examination which determined that the image of Obama’s alleged 1961 Certificate of Live Birth posted to a government website in April, 2011 is a digital fabrication and that it did not originate from a genuine paper document, arguments from an Obama eligibility lawyer during a recent New Jersey ballot challenge hearing reveals the image was not only a fabrication, but that it was likely part of a contrived plot by counterfeiters to endow Obama with mere political support while simultaneously making the image intentionally appear absurd and, therefore, invalid as evidence toward proving Obama’s ineligibility in a court of law.

Taking an audacious and shocking angle against the constitutional eligibility mandate,Obama’s lawyer, Alexandra Hill, admitted that the image of Obama’s birth certificate was a forgery and made the absurd claim that, therefore, it cannot be used as evidence to confirm his lack of natural born citizenship status. Therefore, she argued, it is “irrelevant to his placement on the ballot”.

Hill went on to contort reasoning by implying that Obama needs only invoke his political popularity, not legal qualifications, in order to be a candidate.

At the hearing, attorney for the plaintiffs, Mario Apuzzo, correctly argued that Obama, under the Constitution, has to be a “natural born Citizen” and that he has not met his burden of showing that he is eligible to be on the New Jersey primary ballot by showing that he is indeed a “natural born Citizen.” He argued that Obama has shown no authenticate evidence to the New Jersey Secretary of State demonstrating who he is and that he was born in the United States. Apuzzo also argued that as a matter of law, Obama is not a “natural born Citizen” because he was born to a father who was not a U.S. citizen.

As Obama’s legal argument becomes more contorted, he is being forced to avoid an ever shrinking legal space, and an increasing weight, of his failure to meet constitutional eligibility requirements. 

Hill, of Genova, Burn & Giantomasi Attorneys in Newark, made a desperate motion to dismiss the ballot objection arguing that Obama’s lack of natural-born citizenship status was not relevant to being placed on the New Jersey presidential ballot because no law exists in New Jersey which says that a candidate’s appearance on the ballot must be supported by evidence of natural born citizenship status. Only the U.S. constitution restricts eligibility to hold the office of president to natural born citizens.

Judge Masin denied the motion to dismiss and the case proceeded to trial.

“Sadly, regardless of her moral deficiency, Hill is legally justified,” says TDP Editor, Penbrook Johannson, “Obama’s eligibility is a separate matter than the charges of forgery and fraud. Of course, we have evidence that he is not eligible. But, evidence of forgery by as yet unidentified counterfeiters working on behalf of Obama is not what legally excludes Obama from appearing on a ballot, by itself, until some authority is willing to consider this as evidence of forgery on its merit as an indication of actual ineligibility in a court of legal authority. Until some court of competent jurisdiction is willing to hear evidence of forgery and fraud, you can’t legally punish a political candidate for that crime which has not been proven that they committed. However, since Obama is not eligible because of a lack of authenticated evidence to the contrary, he could be held off the ballot for that reason.”

According to Johannson, there is an overwhelming level of moral certainty that Obama is a usurper, but until a court with jurisdiction considers this case, Obama’s status as a legitimate president is in limbo.

“He does not exist as a president except in the imagination of those who blindly support him. Whereas he is politically desired by a transient consensus, his legality is unresolved until a responsible court makes a determination. This is the essence of our crisis. Our nation exists in a state of non-authorized identity. Obama is just some guy calling himself a president and living in the White House without the confirmative authority to do so.”

Obama’s document forgery and fraudulent presidency have now forced him to flee to a “strange twilight zone” between political popularity and legal legitimacy where poorly counterfeited records are apparently allowed to be published by Obama using government media resources for political purposes, yet those same records are held by the courts as irrelevant for determining Obama’s legal eligibility status because they are, according to judges, “so poorly forged” they are obviously meant to be satirical and not to be taken seriously as evidence.

Shockingly, parting from widespread public ignorance, Hill actually acknowledged two of the three necessary components of determining natural born citizenship as being place of birth and citizenship status of both parents. However, she argued that, “No law in New Jersey obligated him (Obama) to produce any such evidence in order to get on the primary ballot.”

The third component of natural born eligibility is maintenance of natural born citizenship status from birth to election without interruption, involuntarily or voluntarily, due to expatriation, extradition, renouncement or foreign adoption.

“Obama is mocking our constitution,” says Johannson, “His position is that he never claimed the image was an indication of his natural born status, just that it was information about his birth. Whether it is forged or authentic is irrelevant to Obama because plausible deniability affords him the security in knowing that no legal authority is willing to hang him with it.”

Of course, Johannson adds that it makes Obama look like a willing accomplice and a liar, but, he says, “…show me a politician who cares about being seen as a liar by the public. If people who support him want to vote for a person like that, it reveals more about the reprobate character of Obama supporters than competency of any legal determination about his lack of constitutional eligibility. Degenerates will vote for a degenerate while patriots will exhaust all civil means to remove him…until those civil means are exhausted. Then things get ugly for government.”

“However, Hill is also essentially admitting that Obama is not a legitimate president and that Obama believes that his illegitimacy does not matter to his legal ability to hold the office. Obama holds to a political tenet, not a legal one with respect to his views on his eligibility. That’s what corrupt, criminal politicians do. When the law convicts them, they run to public favorability for shelter with the hope that their supporters will apply pressure to disregard law in their case.”

Obama is now arguing that because he is politically popular, as he points to as being indicated by his so-called ‘election’, despite accusations of eligibility fraud and election fraud, the constitutional eligibility mandate is not relevant, in his view. Until a courageous authority is willing to disagree and hold Obama to an equally weighted legal standard, civil remedies for the Obama problem are limited.

Johannson adds that Obama is making the same argument on behalf of Obamacare.

“If he had the gall to actually tell the Supreme Court that they have no authority to determine the unconstitutionality of his illegitimate policies, what makes anyone think he believes they have the authority to disqualify him due to his lack of constitutional eligibility? Obama believes he holds preeminent power over all branches of government because of his delusions of political grandeur.”

He correctly points to a lifetime pattern of behavior and testimony by Obama which indicates a complete lack of regard for the U.S. Constitution when it restricts Obama’s political agenda and lust for power.

“This is a guy who illegally defaced public property when he scribed his aspirations to be ‘king’ in a concrete sidewalk at the age of ten, for God’s sake. Now, his ‘majesty’ wants to put his illegal ‘graffiti’ into American law books. However, his problem is that he has to face the fact that he is an abject failure in his capacity to meet any standard required by the 250-year-old U.S. Constitution, in everything he tries to do. The Constitution owns him and he can’t stand it. He hates it. Therefore, instead of admitting his lack of constitutionality, he simply breaks the rules and proceeds to illegally scribe his fake authority on everything until someone is willing to physically stop him. Obama is not just an illegitimate politician, he is a rogue outlaw without regard for the divine providence of American law.”

Apuzzo submitted that New Jersey law requires Obama to show evidence that he is qualified for the office he wishes to occupy and that includes showing that he is a “natural born Citizen,” which includes presenting evidence of who he is, where he was born, and that he was born to two U.S. citizen parents. Apuzzo added that the Secretary of State has a constitutional obligation not to place any ineligible candidates on the election ballot.

The account of the trial can be read at:

http://www.teapartytribune.com/2012/04/11/nj-ballot-access-challenge-hearing-update/
###

Related Links:

Obama Birth Certificate: New Jersey Judge Blocks Case, Final Decision Rests With Secretary Of State
Judge Rules Against Obama Objectors
The Court Petition File
The Ruling 4-12-2012
Related Videos

Related Articles:

Tags: ,,

Holder Promises To Kill Citizens With Care

Published 1, March 6, 2012 Congress , Constitutional Law , Courts , Criminal law ,International , Military , Politics , Uncategorized 209 Comments

Attorney General Eric Holder was at Northwestern University Law School yesterday explaining President Barack Obama’s claimed authority to kill any American if he unilaterally determines them to be a threat to the nation. The choice of a law school was a curious place for discussion of authoritarian powers. Obama has replaced the constitutional protections afforded to citizens with a “trust me” pledge that Holder repeated yesterday at Northwestern. The good news is that Holder promised not to hunt citizens for sport.

Holder proclaimed that “The president may use force abroad against a senior operational leader of a foreign terrorist organization with which the United States is at war — even if that individual happens to be a U.S. citizen.” The use of the word “abroad” is interesting since senior Administration officials have asserted that the President may kill an American anywhere and anytime, including the United States. Holder’s speech does not materially limit that claimed authority. He merely assures citizens that Obama will only kill those of us he finds abroad and a significant threat. Notably, Holder added “Our legal authority is not limited to the battlefields in Afghanistan.”

The Obama Administration continues to stonewall efforts to get it to acknowledge the existence of a memo authorizing the killing of Awlaki. Democrats previously demanded the “torture memos” of the Bush Administration that revealed both poor legal analysis by Judge Jay Bybee and Professor John Yoo to justify torture. Now, however, Democrats are largely silent in the face of a president claiming the right to unilaterally kill citizens.

Holder became particularly cryptic in his assurance of caution in the use of this power, insisting that they will kill citizens only with “the consent of the nation involved or after a determination that the nation is unable or unwilling to deal effectively with a threat to the United States.” What on earth does that mean?

He was more clear in establishing that due process itself is now defined differently than it has been defined by courts since the start of this Republic. He declared that “a careful and thorough executive branch review of the facts in a case amounts to ‘due process.’” Of course, from any objective standpoint, that statement is absurd and Orwellian. It is basically saying that “we will give the process that we consider due to a target.” His main point was that “due process” will now longer mean “judicial process.”

That last statement goes to the heart of the controversy. Many reporters have bought into the spin of the Administration that there are real limits to this power because they perform their own constitutional analysis for each killing. This starts with the presumption that the Constitution does not require these determinations to be made by a court or that they be subject to court review. They then redefine the protections of due process as a balancing test within the administration. This Administration has consistently maintained that courts do not have a say in such matters. Instead, they simply define the matter as covered by the Law Of Armed Conflicts (LOAC), even when the conflict is a war on terror. That war, they have stressed, is to be fought all around the world, including the United States. It is a battlefield without borders as strikes in other countries have vividly demonstrated.

The result is that they are claiming that they are following self-imposed “limits” which are meaningless — particularly in a system that is premised on the availability of judicial review. The Administration has never said that the LOAC does not allow the same powers to be used in the United States. It would be an easy thing to state. Holder can affirmatively state that the President’s inherent power to kill citizens exists only outside of the country. He can then explain where those limits are found in the Constitution and why they do not apply equally to a citizen in London or Berlin.

All the Administration has said is that they closely and faithfully follow their own guidelines — even if their decision are not subject to judicial review. The fact that they say those guidelines are based on notions of due process is meaningless. They are not a constitutional process of review. They are a dressed claim of process for a unilateral power. Presumably, the President can override the panel or disregard the panel. The panel is an extension of his claim of inherent unilateral authority.

If the “limit” is the internal review described by the administration, we are speaking a different language. Any authoritarian measure can be dressed up as carefully executed according to balancing tests, but that does not constitute “fifth amendment analysis,” “fourth amendment analysis,” or any constitutional analysis that I know of. It is at best a loose analogy to constitutional analysis.

This is precisely why the Framers rejected the “trust me” approach to government, as discussed in this column.

Since last year, U.S. drones have killed three Americans overseas.

Source: LA Times

Mark Levin: Obama’s Attack On Supreme Court “Were Absurd Points”

“[Obama] is trying to influence and intimidate because none of the points he made yesterday or the day before were even legal points. They were not even Constitutional points, they were absurd points,” Mark Levin said on FOX News today.

Federal judge orders Justice Department to acknowledge courts’ power, after President Obama says Supreme Court should not overturn health care law

E-mailPrint | Comments (6)04/04/2012 2:32 PM

By Callum Borchers, Globe Correspondent

A federal judge in Texas has demanded the Department of Justice acknowledge courts’ authority to strike down acts of Congress, after President Obama said Monday that a Supreme Court ruling against his signature health care law would be an “unprecedented” display of “judicial activism.”

Fifth Circuit Court of Appeals Judge Jerry E. Smith, appointed by Republican President Ronald Reagan, said Tuesday that Obama’s statements “troubled a number of people who have read it as somehow a challenge to the federal courts or to their authority or to the appropriateness of the concept of judicial review.”

Smith was hearing oral arguments in a case challenging expansion restrictions on physician-owned hospitals, an ancillary provision of the national health care law passed in 2010. Addressing Justice Department attorney Dana Lydia Kaersvang, Smith ordered the department to submit by midday Thursday a three-page, single-space memorandum that makes “specific reference to the president’s statement and … to the position of the attorney general and the Department of Justice.”

The request struck federal courts experts as unusual and out-of-line.

“What Judge Smith did is bizarre and highly inappropriate,” said Brian Wolfman, the former director of the Public Citizen Litigation Group. “It’s past the bounds of the proper exercise of judicial power, just to make a political point.”

Raise your voiceRaise Your Voice
Click to contact candidates or elected officials about this issue.“It’s a silly exercise,” added Susan Low Bloch, a law professor at Georgetown University. “It’s like asking a second-grader to write on the chalkboard, ‘I will not chew gum. I will not chew gum.’”

Last week, the Supreme Court heard three days of oral arguments about the constitutionality of the health care law. The court is expected to make a ruling in June.

The Obama administration has said consistently that it expects the court to uphold the law, a position the president repeated Monday during a press conference in the White House Rose Garden.

“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,” Obama said. “And I’d just remind conservative commentators that for years what we’ve heard is, the biggest problem on the bench was judicial activism or a lack of judicial restraint — that an unelected group of people would somehow overturn a duly constituted and passed law. Well, this is a good example.”

Some conservative commentators, to whom Obama referred as a group, characterized the president’s message as an attempt to bully the Supreme Court into a favorable ruling. On his radio program Tuesday, Rush Limbaugh called the president a “thug” and said “it is hilarious to hear Obama arguing, threatening, warning justices of the Supreme Court that the individual mandate is constitutional. It isn’t.”

The White House has declined to comment specifically on Smith’s order, but Obama did address critics generally during his speech Tuesday at the annual meeting of the Associated Press in Washington.

“The point I was making is that the Supreme Court is the final say on our Constitution and our laws, and all of us have to respect it,” Obama said, “but it’s precisely because of that extraordinary power that the court has traditionally exercised significant restraint and deference to our duly elected legislature, our Congress.”

Both Wolfman and Bloch said they expect the Department of Justice to submit the memo.

“They could seek review from the Supreme Court,” he said, “but rather than get into further kerfuffle, they’ll probably comply. But it is demeaning to make high-ranking lawyers go through this kind of exercise.”

Callum Borchers can be reached at callum.borchers@globe.com. Follow him on Twitter @callumborchers.

WND EXCLUSIVE

OBAMA IMPEACHMENT BILL NOW IN CONGRESS

Declares president’s use of military without approval ‘high crime, misdemeanor’

Published: 03/11/2012 at 7:23 PM

author-imageby DREW ZAHNEmail Archive

Drew Zahn is a former pastor who cut his editing teeth as a member of the award-winning staff of Leadership, Christianity Today’s professional journal for church leaders. He is the editor of seven books, including Movie-Based Illustrations for Preaching & Teaching, which sparked his ongoing love affair with film and his weekly WND column, “Popcorn and a (world)view.”More ↓
120213obama2

Let the president be duly warned.

Rep. Walter B. Jones Jr., R-N.C., has introduced a resolution declaring that should the president use offensive military force without authorization of an act of Congress, “it is the sense of Congress” that such an act would be “an impeachable high crime and misdemeanor.”

Specifically, Article I, Section 8, of the Constitution reserves for Congress alone the power to declare war, a restriction that has been sorely tested in recent years, including Obama’s authorization of military force in Libya.

In an exclusive WND column, former U.S. Rep. Tom Tancredo claims that Jones introduced his House Concurrent Resolution 107 in response to startling recent comments from Secretary of Defense Leon Panetta.

“This week it was Secretary of Defense Panetta’s declaration before the Senate Armed Services Committee that he and President Obama look not to the Congress for authorization to bomb Syria but to NATO and the United Nations,” Tancredo writes. “This led to Rep. Walter Jones, R-N.C., introducing an official resolution calling for impeachment should Obama take offensive action based on Panetta’s policy statement, because it would violate the Constitution.”

Read “The Case for Impeachment” and know why Obama has got to go before America is done for …

Get the bumper sticker that tells everyone to Impeach Obama!

In response to questions from Sen. Jeff Sessions, R-Ala., over who determines the proper and legal use of the U.S. military, Panetta said, “Our goal would be to seek international permission and we would … come to the Congress and inform you and determine how best to approach this, whether or not we would want to get permission from the Congress – I think those are issues we would have to discuss as we decide what to do here.”

“Well, I’m almost breathless about that,” Sessions responded, “because what I heard you say is, ‘We’re going to seek international approval, and then we’ll come and tell the Congress what we might do, and we might seek congressional approval.’ And I just want to say to you that’s a big [deal].”

Asked again what was the legal basis for U.S. military force, Panetta suggested a NATO coalition or U.N. resolution.

Sessions was dumbfounded by the answer.

“Well, I’m all for having international support, but I’m really baffled by the idea that somehow an international assembly provides a legal basis for the United States military to be deployed in combat,” Sessions said. “They can provide no legal authority. The only legal authority that’s required to deploy the United States military is of the Congress and the president and the law and the Constitution.”

The exchange itself can be seen below:

The full wording of H. Con. Res. 107, which is currently referred to the House Committee on the Judiciary, is as follows:

Expressing the sense of Congress that the use of offensive military force by a president without prior and clear authorization of an act of Congress constitutes an impeachable high crime and misdemeanor under Article II, Section 4 of the Constitution.

Whereas the cornerstone of the Republic is honoring Congress’s exclusive power to declare war under article I, section 8, clause 11 of the Constitution: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That it is the sense of Congress that, except in response to an actual or imminent attack against the territory of the United States, the use of offensive military force by a president without prior and clear authorization of an act of Congress violates Congress’s exclusive power to declare war under Article I, Section 8, clause 11 of the Constitution and therefore constitutes an impeachable high crime and misdemeanor under Article II, Section 4 of the Constitution.

If you’d like to sound off on this issue, please take part in the WND Daily Poll.

Leave a Reply

Fill in your details below or click an icon to log in:

WordPress.com Logo

You are commenting using your WordPress.com account. Log Out / Change )

Twitter picture

You are commenting using your Twitter account. Log Out / Change )

Facebook photo

You are commenting using your Facebook account. Log Out / Change )

Google+ photo

You are commenting using your Google+ account. Log Out / Change )

Connecting to %s