Mark Levin’s book, The Liberty Amendments, has triggered a lot of discussion on the state of the nation, the Constitution and the constant violation of the Constitution by the federal government. Just scanning national opinion pieces this morning led to these headlines. One is a piece on the state of the government, another is on national trends and polls, still another proposes the country is in a pre-revolutionary state.
By James V Capua, August 18, 2013
In The Liberty Amendments Mark Levin has delivered more than advertised. He promises a credible agenda for reinvigorating constitutional government based on an approach to the amendment process which avoids the liabilities of better known options.
By Clarice Feldman, August 18, 2013
From his first presidential campaign to the present, the president, his party and his administration have openly flouted existing laws, and it doesn’t seem there is any legal means of stopping him short of impeachment.
And finally, this one. Its subject is one few want to discuss all the while its one that is being discussed more every day. Is a second American Revolution on the horizon?
By Richard Winchester, August 19, 2013
The United States of America was born in revolution. The Declaration of Independence asserted that people have a right of revolution. According to The Declaration, “whenever any Form of Government becomes destructive of these ends [such as “life,” “liberty,” “the pursuit of happiness,” and “the consent of the governed”], it is the Right of the People to alter or abolish it, and to institute new Government, laying its foundation on such principles and organizing its powers in such form as to them shall seem most likely to effect their Safety and Happiness.”
The Declaration acknowledged that people should not, and will not, seek to overturn “long-established” governments “for light and transient reasons.” After “a long train of abuses and usurpations,” however, which are clearly aimed at establishing “absolute Despotism,” people have not only the “right,” but the “duty,” to “throw off such Government, and provide new guards for their future security.”
The U.S. has not experienced a successful revolution since the one between 1775 and 1783, despite Thomas Jefferson’s hope that “[t]he tree of liberty should be refreshed from time to time by the blood of patriots and tyrants.”
Some think it’s time for a new American revolution. Moreover, many of the preconditions for a revolt exist.
One of Levin’s common quotes is that we are living in a post-Constitutional era. In other words, government, at least at the federal level, Congressmen and the Supreme Court no longer follow the constraints of the Constitution. The Obamacare decision forced by Chief Justice Roberts is a prime example of that latter segment of government. There was NO Constitutional basis for his decision. But, with his vote, he joined the liberal Justices and overrode the strenuous objections of the remaining Justices. Roberts followed the liberal diktat that the Constitution is whatever the Court says it is.
That is a lie. Few, however, were reluctant to stand up and say so.
Perhaps one of the best statements of the condition of our government and the accelerating discussion of revolution, is this article by Betsy McCaughey. In her article she cites the acts of Obama and the democrats in government that supports Levin’s premise that we no longer have a governing Constitution.
Today’s post as turned into a long one. I’ll close with this from Betsy McCaughey.
By Betsy McCaughey on 8.14.13 @ 6:08AM
Have we ever seen such presidential contempt for constitutional principles and our nation’s history?
At an August 9 press conference, President Barack Obama said that when Congress won’t agree to what he wants, he will act alone. That statement, which he has made before, should send shivers through freedom-loving Americans.
The President was asked where he gets the authority to delay the Affordable Care Act’s employer mandate, even though the law states that the mandate “shall” go into effect January 1, 2014. The Obama administration had announced the delay on July 3, without seeking Congress’s help in changing the law.
In response, Obama said that “in a normal political environment, it would have been easier for me to simply call up the Speaker and say, you know what, this is a tweak that doesn’t go to the essence of the law… so let’s make a technical change to the law. That would be the normal thing that I would prefer to do.”
But Obama explained that he took a different route because Republicans control the House of Representatives and ardently oppose Obamacare.
Obama’s statement reveals how disconnected this president is from this nation’s history and constitutional principles. Divided government is the norm in the United States. Most modern presidents have had to govern with an uncooperative Congress or at least one house of Congress controlled by the other major party. With the exception of Richard Nixon, these presidents — from Eisenhower, to Reagan, to Clinton, and both Bushes — have not tried to exempt themselves from the Constitution.
Article II, Sec. 3 of the Constitution commands the president to faithfully execute the law.
Courts have consistently ruled that presidents have little discretion about it. President Obama can’t pick and choose what parts of the Affordable Care Act he enforces and when.
The framers duplicated the safeguards their English ancestors had fought hard to win against tyrannical monarchs. Most important, the English Bill of Rights of 1689 barred an executive from suspending the law.
The tug and pull between the president and an uncooperative Congress is what the framers intended. It’s checks and balances in action. Obama has no patience for this constitutional system. In June 2012, the President announced that he would stop enforcing parts of the nation’s immigration laws, because “We can’t wait” for Congress to offer relief to young illegal immigrants brought into the country by their parents.
Now the President is rewriting the Affordable Care Act. Delaying the employer mandate is not a mere “tweak.” Because individuals will be required to have insurance as of January 1, 2014 or pay a penalty, some ten million currently uninsured or underinsured workers who would have gotten coverage at work under the employer mandate will now have to pay the penalty or go to the exchanges. That means more people enrolling on the exchanges, more dependence on government and a bigger bill for taxpayers. It’s not the law that Congress enacted.
Senator Mike Lee (R-Utah) has urged Congress to vote against any continuing resolution to fund the federal government after September 30, as long as it funds this distorted version of Obamacare.
“Laws are supposed to be made by Congress, not… (by) the president,” Lee explained. If the administration is not prepared to fully enforce Obamacare as enacted, including the employer mandate, it should agree to delay the entire law and remove its funding from the budget.
Sadly most members of Congress are too busy looking out for themselves to stop the president from chipping away at the Constitution. Last week Republicans and Democrats conspired with the president to weasel out of Sect. 1312 of Obamacare, which requires members of Congress to get health coverage on the newly created exchanges. Congress was happy to let the President unconstitutionally give them a special taxpayer funded subsidy that no one else in America earning $174,000 would get.
Such self-dealing brings to mind what Benjamin Franklin warned about, as he and his fellow framers finished writing the Constitution. It’s a republic, said Franklin, “if you can keep it.”
If Congress refuses to use its power to restrain the Executive branch, we then reside in a dictatorship. No one with the ability to enforce constraints is willing to do so and thus participate in the dictatorship.