(This article was first published in June 2010)
Is Obama Abusing the President’s Executive Order Privilege?
A Commentary by J. D. Longstreet
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Is Obama using the executive order to legislate, or make law, from the Oval Office -- therefore circumventing the Congress? That is a good question and one that has been put to me a number of times recently by close friends. I must admit, as well, to a grave concern on my part about the seeming way Obama appears to be legislating from the Oval Office.
It has become apparent to many Americans that Congress needs to take a closer look, to evaluate, a number of executive orders by Obama.
Before you get your knickers in a knot, understand that we are living in extremely precarious times here, in America, under the socialist yoke of the Obama Regime.
See, the plain truth is -- the only basis in the Constitution for an executive order is in Article II, Section 1:
“The executive power shall be vested in a President of the United States of America.”
and Article II, Section 3:
“He [the President] shall take care that the laws be faithfully executed.”
Some of you may remember that the Supreme Court ruled that President Truman’s 1952 order to “nationalize”all the steel mills in the US, by placing them under federal control, was invalid because, according to the Court, it was an attempt to make law.
It has become clear that President Obama is ruling more as a king than a president and if the American people do not insist that Congress put the quietus on his executive order proclamations -- the US is in serious danger of losing our constitutional republic and once again becoming a people ruled by a king and a would-be dictator.
It would seem that Obama subscribes to what is known as the Unitary Executive theory. “The unitary executive theory is a theory of American constitutional law holding that the President controls the entire executive branch. The doctrine is based upon Article Two of the United States Constitution, which vests "the executive power" of the United States in the President.
Although that general principle is widely accepted, there is disagreement about the strength and scope of the doctrine. It can be said that some favor a "strongly unitary" executive, while others favor a "weakly unitary" executive. The former group argue, for example, that Congress’ power to interfere with intra-executive decision-making (such as firing executive branch officials) is limited, and that the President can control policy-making by all executive agencies within the limits set for those agencies by Congress. Still others agree that the Constitution requires a unitary executive, but believe this is a bad thing, and propose its abolition by constitutional amendment. ”(From Wikipedia HERE.)
I happen to be one of those Americans who believe that, as stated above, the President can control policy-making by all executive agencies within the limits set for those agencies by Congress.
If the rumors that Obama is about to sign an executive order to grant amnesty to the illegal aliens already within the United States are true – then the Congress needs to look into it. Should Obama issued such an executive order, then it certainly must be challenged all the way to the Supreme Court for a ruling.
The Socialist/Democrats in the US government are overreaching -- just as we warned they would. They ALWAYS do it. It is some sort of compulsive behavior on the part of the democrats. It often leads to their downfall.
The democrats in our government have become so used to manipulation by the “man behind the curtain,” the “Shadow Government,” or whoever is pulling their strings, they appear to now believe their own prevarications. They live in a world created for them by those who “run” them, who “oversee” them, and they are completely cut off from those they THINK they represent. They are living an illusion.
The Democrat’s Grand Illusion, however, is dangerous for America. They believe the American people want a shepherd. Because their fellow democrats want a “Sugar Daddy,” they believe Americans, as a whole, want a “Sugar Daddy.” And worst of all they have convinced themselves that a benign dictator is best for America, and Obama, a seriously flawed narcissist, fits the bill. To make matters worse Obama believes it, too! As a result America, under the Obama Regime, is being ruled by an oligarchy of one – Obama!
America must be set aright this November. The Obama Regime has seen the handwriting on the wall and they have plans, already in the works, to stop efforts to rescue America from their socialist clutches at the ballot box November 6th. We must be ready for any contingency. If we are not victorious, then Obama’s executive orders will be the least of our worries.
Is rule by military fiat next -- to teach us a lesson? Let’s not find out. The Obama Regime, and its Socialist/Marxist agenda, must be stopped if America is to survive.
Editor's Note: There is an article at The New American that delves a bit deeper into this. I think you'll find it very interesting. You will find it here:
http://thenewamerican.com/usnews/constitution/item/13196-another-obama-executive-order-allows-seizure-of-americans%E2%80%99-bank-accounts
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