The Constitution, Every Issue, Every Time!

January 4, 2012

by John Larkin
(extracted from a note/letter sent to a battery of TEA Party leaders and grassroots members in response to a discussion they were engaged in online).

I agree wholeheartedly that sooner or later the Republican leadership must grab the bull by the horns and do something much more aggressively and definitively with this President and administration that so frequently and completely ignores and violates our Constitution; but I truly doubt they will for God-knows-why/why not. I’m convinced that their inaction is typically driven by their own Constitutional ineptness, their laziness, and their combined willingness to continue to “play the game” as usual.

You mention Congressman Kline. I watched John Kline on national news talk about the president’s “technical” legality in writing executive orders to take over the student loan programs (Kline is the chair of the educational committee) a while ago; and it convinced me that while I will always salute and honor his fine military service to our Country, he, too, has fallen into the RINO heap and has a diminished view of our Constitution (so much like so many of the birds in DC). Executive Orders were never intended to carry the weight of law and really have no force outside the operations of the federal government – they were originally intended to be much like a memo from a CEO. I presented a detailed review and history of Executive Orders at a 56 Club meeting months ago; and found that it was very informative for the folks and well received. Too bad Kline couldn’t have been there. Executive Orders have been abused and misused by virtually every president since Lincoln.

Article 1, Section 1 (comes right after the preamble – the first order of business) of our magnificent Constitution says that, “All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” Notice that it doesn’t say, “.. by a renegade president or his orders …” It’s pretty clear … ”All legislative powers”.

So how does this all relate to Recess Appointments?

Let’s look at the Constitution!

Here’s what it says about Recess Appointments (Article 2, Section 2):
“The President shall have the power to fill up all vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.”

At a quick glance, it might look like he has the authority to appoint somebody especially after enough political gamesmanship has been played and he managed to get a moment when the Senate was in a momentary Recess.

And unfortunately, many presidents have played games with this piece of our Constitution to get the guys they want in.

SAD!!!

But let’s back up and take a “studied look” at what this section says. I’m going to chop it up a little bit. I won’t change the wording OR the meaning – matter of fact, hopefully, it will bring some clarity to the subject. Let’s take another look:

“The President shall have the power to fill up all vacancies …that may happen during the Recess of the Senate, .. by granting Commissions which shall expire at the End of their next Session.”

Was this a vacancy that occurred during the “Recess of the Senate”? No .. it is a new position that was created in an (also unconstitutional) agency and the man was not being confirmed by the Senate. There was no vacancy that happened during the Recess of the Senate; nor did Congress “vest” the authority in the president alone to make the appointments. These appointments are no more than lawyer/political trickery that has gone on for far too long and has worked for them; and most eggregiously .. another violation of our Constitution – the same Constitution that these people swore to uphold and defend.

I have three current video pieces in which Mr. Obama has said very clearly that he will bypass Congress if they don’t adhere to his “programs” – give him what he wants. He campaigned saying that what he can’t get done legislatively, he will get done administratively. This man has clearly demonstrated, time and time again (and Kline even admitted to that on the same broadcast he rubberstamped obama’s exec orders), that he has no concern for the Constitution or his Oath of Office.

Our Constitution also states in Article 2, Section 4, that:

“The President,Vice-President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

Mr. Obama, at minimum, is guilty of Breach of his Oath. Misdemeanors meant any bad behavior when our Constitution was written. Declaring his sincere intention to bypass Congress routinely and doing so is to usurp the Constitution and is shameful behavior of an American president. Overseeing guns to criminals and foreign enemies, encouraging violations of federal voting laws, ignoring immigration laws and enforcement of them, denying State’s ability to protect and defend themselves, etc, etc …. this man is very impeachable and I share your concern as to why nothing is being done.

John Larkin is host of The 56Club  http://the56club.com

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This is the type of information that needs to be sent to every elected representative and if they fail to act, then vote them out in November!  

The Constitution, Every Issue, Every Time, No Exceptions, No Excuses!