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Blog posts : "executive orders"

OBAMA’S LEGACY

January 16, 2016

It seems like all we are hearing about from the main stream media these days is what Obama is doing to protect his legacy. He has one year left in his term and so I have a pretty good idea what that legacy will be and how it relates to what is happening in this country and the world.

          Si…

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NULLIFICATION

March 3, 2015

There seems to be no end to what Obama will when it comes to issuing illegal and unconstitutional Executive orders and government agency actions. In addition to bypassing the specific Constitutional provision that gives the U.S. Congress exclusive control of naturalization and immigration laws, our …

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TYRANNY BY EXECUTIVE ORDER

January 17, 2013

What the hell just happened? That is the question that many Americans should be asking themselves following the news conference where Obama unveiled his plan for destroying the Bill of Rights to the U.S. Constitution. At first glance it appeared to be a case of Obama shamelessly using the deaths of innocents, and some live children as a backdrop, to push for the passage of radical gun control measures by Congress. Most of these have no chance of passing, yet, Obama’s signing of Executive orders initiating 23 so called Executive actions on gun control seemed like an afterthought.

 Unfortunately, that is the real story, but it is generally being overlooked. The fact is that with a few strokes of his pen Obama set up the mechanisms he will personally use to not only destroy the Second Amendment to the Constitution, but also the First, Fourth, and Fifth Amendments. It will not matter what Congress does, Obama can and will act on his own, using these Executive actions, and will be violating both the Constitution and his oath of office when he does it.

Here are the sections of the Executive Order that he will use:

 “1. Issue a Presidential Memorandum to require federal agencies to make relevant data available to the federal background-check system.”

What exactly is relevant data? Does it include our medical records obtained through Obamacare, our tax returns, our political affiliations, our military background, and our credit history? I suggest that all of the above, even if it violates our fourth Amendment right to privacy will now be relevant data for determining if we are allowed to purchase a firearm.

“2. Address unnecessary legal barriers, particularly relating to the Health Insurance Portability and Accountability Act, that may prevent states from making information available to the background-check system.”

This should be read in conjunction with section 16 of the order that says:

“16. Clarify that the Affordable Care Act does not prohibit doctors asking their patients about guns in their homes.”

One of the few amendments successfully placed in Obamacare by conservatives does appear to prohibit doctors from asking such questions. Yet, with these two Executive actions, Obama is illegally amending an act of Congress and setting up a procedure for him to force doctors to gain information from patients about gun ownership, and to get our medical history.

Section 3 of Obama’s order states:

“3. Improve incentives for states to share information with the background- check system.”

Once again, what does this mean? What information does the Federal government want from the states? Copies of state personal and business income tax returns or court records of divorce and child custody cases are possibilities that come to mind as well as our voter registrations showing our party affiliations. How does any of this figure into our right to purchase a firearm?

One of the most dangerous and troubling sections of the Obama order in Section 4 that states:

“4. Direct the attorney general to review categories of individuals prohibited from having a gun to make sure dangerous people are not slipping through the cracks.”

This section directs Eric Holder, the architect of Operation Fast and Furious that illegally transferred several thousand semi automatic weapons to Mexican drug cartels and resulted in the deaths of hundreds of Mexican citizens and several U.S. border patrol agents, to now add people indiscriminately to the list of Americans ineligible to purchase firearms. Who might be added to the list?

Well, let’s look at the record of the Obama administration. Shortly after being appointed as the Director of the Department of Homeland Security Janet Napolitano sent a list of potential domestic terrorists to law enforcement agencies around the country. The list included individuals who were pro-life, who supported the Second Amendment, who had Ron Paul bumper stickers on their cars, and most disturbing, all members of the military returning from combat in Iraq or Afghanistan.

The list has recently been supplemented to include individuals who hoard more than a week’s supply of food and water, and those who support individual liberties and oppose big government. I belong on most of these lists and I suspect that Eric Holder will be adding all of us to the list of dangerous people not qualified to own guns. In other words, you will no longer have to be a convicted felon or mentally ill to make the list; you will qualify simply by being an American patriot.

This is not a conspiracy theory, at the United States Justice Foundation we are seeing increasing evidence that military veterans are being specifically targeted by the Obama administration when it comes to prohibitions against purchasing firearms. Any veteran diagnosed with Post Traumatic Stress Disorder (PTSD) is in danger of being banned from owning a firearm. Even those veterans suffering from mild depression are being added. None of these conditions constitute a mental illness that makes them a danger to themselves or others.

However, in Obamaland veterans who took an oath to “protect and defend the Constitution of the United States against all enemies, foreign and domestic”, are definitely considered a threat to the new Fuehrer and must not be allowed to own firearms.

If we skip to Section 6 of the order we get a good idea of Obama’s real intentions when it comes to gun control. That sections states:

“6. Publish a letter from the Bureau of Alcohol, Tobacco and Firearms and Explosives (ATF) to federally licensed gun dealers providing guidance on how to run background checks for private sellers.”

This is particularly interesting because one of the legislative proposals is to require universal background check requirements for any firearm transfer even between private citizens. In other words, you can’t sell your firearm or even give it to someone s a gift without Federal government approval. It is doubtful that this proposal will pass in the House of Representatives, yet Obama is already setting up the mechanism for enforcing the requirement. That is a clear signal that he doesn’t care what Congress does, he is going to violate the Constitution and bypass the Legislative branch in order to push his agenda to disarm the American people. I suspect he will ultimately use Executive orders to ban many weapons including most rifles and pistols.

There are numerous other actions dictated in the Obama order, but I think you get the idea. Our Second Amendment right is going to be taken from us for whatever reasons Obama decides. The simple act of opposing these actions can cause the Attorney General to place you on the list of “dangerous people”. Our privacy will be violated and all of this will be done without due process of law. That is what just happened.

THE STATE OF THE CONSTITUTION

January 30, 2012

           President Obama made his 2012 State of the Union address and as expected, it was primarily a campaign speech to reinforce his changes for re-election in November.  He is not the first President to have done this, and will probably not be the last. However, this speech was different because what Americans need to look at now, and consider when voting in November, is not just the State of the Union, but the State of the Constitution. The fact is that if we discard our Constitution there will be no union. The United States of America will cease to exist.

            Unfortunately, the Obama administration, with the help of the leftist elite in the U.S. Senate, the House of Representatives, and even some Federal judges are systematically destroying our Constitution, our freedoms, and our country. It is not an accident; it is being done with malice and design. Here are the facts about what has occurred in the three years that Obama has been in office.

            Article 1, Section 8 of the Constitution has been violated by Congress passing the Obama health care bill. Congress has no authority under that section or any other section of the Constitution to enact legislation requiring the American people to purchase health care insurance, or to provide free health care to illegal aliens. Yet, this among other things is what has been done. I am confident that the U.S. Supreme Court will rule that it is unconstitutional; yet, President Obama has repeatedly shown his disdain for the rulings of the Judicial Branch of government.

            Article 1, Section 1 of the Constitution also gives Congress the sole legislative powers in the federal government. Article 2 of the Constitution that establishes the Presidency and the Executive Branch of government gives no such legislative powers to the President. In other words, only Congress can make laws and the President and his cabinet appointees can only enforce laws made by Congress; the President has no authority to make laws. Yet, that is exactly what Obama is doing.

            By misusing the power to issue Executive orders to enforce laws or take emergency action if Congress is not in session the President is bypassing Congress and the Constitution to implement his personal agenda on immigration, cap and trade, gun control, and in many other areas. He actually brags about this in his taxpayer funded campaign speeches, and during the State of the Union Address he stated that he plans to continue the practice if Congress doesn’t do exactly what he demands.

            In addition, ever since he took office Obama has continuously violated Article 2, Section 2 of the Constitution by making appoints to major positions in the Executive Branch of government without the required Senate approval. I’m referring of course to the over 40 Czars that the President has appointed. These appointments are in numerous areas from overseeing the takeover of the automobile industry to regulating free speech on the internet. These Czars are not under the control of the Congress, and are given massive budgets at taxpayer expense. By the way, the very use of the term Czar violates Article 1, Section 9 of the Constitution that specifically forbids the U.S. government from bestowing titles of nobility on anyone.

            Article 2, Section 2 of the Constitution does give the President the right to make short term appointments when the Senate is in recess. The important point here is that the Constitution only empowers the Senate to declare when it is in recess. Obama recently showed his disdain for that part of our governing document by making several high level appointments when the Senate had not formally declared a recess. Obama claimed he has the right to decide when the Senate is in recess. The purpose of these appointments was to put people in positions of power that the Senate would not have approved. The reasons are already becoming clear because the new appointees to the National Labor Relations Board are preparing to order companies that are not unionized to turn over the private phone numbers and email addresses of their employees to labor union organizers. This is a clear violation of the right of privacy of these individuals.

            Article 2, Section 2 also authorizes the President of the United States to sign treaties with other countries; however, the Senate must ratify the treaties by a two thirds vote of those Senators present and voting. Now Obama has decided that this Constitutional requirement should not keep him from doing what he wants. Since the SOPA and PIPA bills were withdrawn in Congress Obama is looking for a new way to take control of the Internet and limit freedom of speech.

            According to the U.S. Justice Foundation Obama is going to sign and enforce an international treaty “which will give governments and special interest groups the power to shut down websites, and terminate your access to the internet, without the due process of law.” It is called the ACTA Treaty and Obama does not intend to send it to the Senate for ratification, but instead will do it as a “sole Executive Agreement.”

            There is nothing in the Constitution that allows such agreements although Federal courts have allowed Presidents to enter into some international agreements that are minor in nature. The ACTA agreement is not minor, but would allow websites to be shut down, such as my blog site, at the whim of the President. I also suspect that Obama is planning to use the same approach to enter into and enforce the United Nations “Small Arms Treaty” that would virtually eliminate the 2nd Amendment to the Constitution that protects the rights of Americans to keep and bear arms.

            The state of the constitution is not good; in fact it is gravely ill. This article has just scratched the surface and in my next post I will talk more about Obama’s all out assault on the Bill of Rights. A good friend of mine recently said that this upcoming election is not about personalities or even the economy. It is instead a referendum on the Constitution and whether it and our American way of life are to survive. I concur with that statement.

LET THE GAMES BEGIN!

January 4, 2011

               It is a new year and we have a new Congress taking office. The Republicans have solid control of the House of Representatives while the Democrats still have control of the Senate, but without a filibuster proof majority. The battle lines are already being joined and it is imperative t…

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THE COMING CONSTITUTIONAL CRISIS

December 6, 2010

            Months ago I pointed out that Obama was abusing the power of the President to issue Executive Orders. I also predicted that if the outcome of the election in November went against the Democrats the use of the executive orders would probably increase, potentially causing a major Constitut…

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HE GETS IT!

November 4, 2010

          What happened on November 2, 2010 was indeed an unprecedented beat down of the so-called “Progressive Movement” in this country. The standard bearers for the march towards the destruction of our nation and its Constitution are the President and his cabinet members and the far left members …

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LEGISLATIVE ALERT!

June 17, 2010

           Although the Health Care Bill has already passed I believe it is still necessary for me to update my blog readers on the latest developments about the new law. One of the major concerns expressed by me and other Constitutional lawyers was the fact that this legislation was basically adopt…

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HERE THEY COME AGAIN!

April 20, 2010

Many of us have predicted that since the Obama Administration and its lackeys in Congress are emboldened by the fact that they appear to have successfully ignored the will of the American people and passed the so-called “health care reform bill” that they would come at us with more unconstitutional …

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The Fight is Just Beginning

January 27, 2010

          The battle has been joined and it has started again in its original point of origin, the great State of Massachusetts. Another shot has been fired that has been heard around the World, but this time it was not a musket shot at Lexington, Massachusetts, but it came from the ballot boxes in …

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