Unprecedented Territory

Our nation will be entering unprecedented territory if the President grants immigration amnesty via executive order.

Constitutional scholar Jonthan Turley on that topic:



In December 2013, about the President's changes to the ACA, Mr. Turley stated the following in his Congressional testimony about the separation of powers and the dangers of unilateral action:

The danger is quite severe. The problem with what the president is doing is that he's not simply posing a danger to the constitutional system. He's becoming the very danger the Constitution was designed to avoid. That is the concentration of power in every single branch....

Time and again, Obama himself has stated that he cannot unilaterally declare immigration policy:



Nevertheless, indications are that Obama is knowingly and willfully precipitating a Constitutional crisis some 15 days after the November 2014 Elections, which did not go the way of the Democratic Party.

The Present Constitutional Crisis

Listen to the brief audio HERE.

The Idea Is Spreading?

(With a hat tip to Beamish)

A follow on to this post, read these words from Peter Orszag, Obama's former OMB director (dated September 14, 2011):

To solve the serious problems facing our country, we need to minimize the harm from legislative inertia by relying more on automatic policies and depoliticized commissions for certain policy decisions. In other words, radical as it sounds, we need to counter the gridlock of our political institutions by making them a bit less democratic. [source]

Beamish commented:

Wake up, people. Democrats are a threat to the American way of life in ways Islamic terrorists only wish they could be.

Discard Senate Confirmation of Appointees?

(With a hat tip to Bunkerville)

From the Examiner:

Group of Senators push to shield more Obama appointees from confirmation

Once confirmed, political appointees can operate relatively under the radar, making new rules that have widespread implications but aren't well known out of the small community of people who follow these issues carefully. Presidential appointments are one way the White House can impose its agenda on the nation without having to actually pass legislation.Now, a group of Senators is pushing to eliminate the confirmation process for 200 of these positions -- removing the one check on them.

Read the rest HERE.

Note the Senators involved: Rules Committee Chairman Charles Schumer, D-N.Y., the committee’s top Republican Lamar Alexander of Tennessee and the heads of the House Homeland Security and Government Affairs Committee, Joe Lieberman, I-Conn., and Susan Collins, R-Maine.

What the hell is going on?

Private Property Rights In The Ozarks

Bob McCarty has the information:

A property rights battle is brewing in the Ozarks of southern Missouri, and it’s about to reach the boiling point.

[...]

While advocates of the so-called “Heritage Area” will say that the draft is not relevant, Americans familiar with the way the federal government works will tell you it pays to be vigilant when private property rights are at stake.

Bob Parker is a cattle rancher and real estate pro from Raymondville, Mo., who serves as a spokesperson for the Ozarks Property Rights Congress and has read both versions of the feasibility study....

Read the rest HERE.

A Reminder This Administration Needs

In light of Congressman Phil Hare's statement about not caring about the Constitution (see a few posts down here at IBA).

The American people as a whole need the reminder too!

From Founder's Quote Daily:

"Constitutions of civil government are not to be framed upon a calculation of existing exigencies, but upon a combination of these with the probable exigencies of ages, according to the natural and tried course of human affairs. Nothing, therefore, can be more fallacious than to infer the extent of any power, proper to be lodged in the national government, from an estimate of its immediate necessities."

—Alexander Hamilton, Federalist No. 34

A Video We Should Force BHO And This Congress To Watch

Think that it's in simple enough terms for them?



Mr. Beamish has some commentary here.

The Slaughter Solution Will Probably Pass Constitutional Muster

Drew at Ace of Spades bears bad tidings:

Gabe laid out the procedures involved in the Slaughter Solution and former Judge Michael McConnell's argument for it's unconstitutionality. While I, and I think most sane people, agree with McConnell, sanity is a relative term when it comes to the law.

Shannen Coffin makes the case for why it's going to be very hard, if not impossible, to get a court to overturn the bill based on a challenge to the Slaughter Solution.

The short version is, courts don't do legislative sausage making. If the Speaker of the House, the President Pro-tempore of the Senate and the President say it was passed and signed properly, the courts generally take their word for it.

Look at what the Constitution actually says about the passage of bills

Every bill which shall have passed the House of Representatives and the Senate, shall, before it become a law, be presented to the President of the United States;

Article I, Section 7 goes on about vetoes and overrides but that's the heart of the matter. Notice it doesn't say what 'passed' means. We all assume it means a vote where the majority of members vote yes but that's not actually stated. What it takes to pass a bill is left up the rules of each house and courts aren't likely to get involved in that.

There are a lot of things we take for granted, as being understood and inviolable rules but the reality is democracy requires a respect for institutions, customs and shared understandings. There's no force of nature that ensures democratic norms are followed. The checks and balances of our system help but ultimately it comes down to the willingness of individuals to be bound by them. Get enough people in power agreeing to push past those boundaries and bad things can happen.

I predict, however, that if the House chooses to use the "Slaughter solution", the American people will revolt.

The resultant massacre will look even worse than the electoral massacre which awaits the Democrats who are already on board to vote for Obamacare.

The American people are in no mood to take any shit from anyone.

Col. Allen West...American Patriot

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