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Monday, February 04, 2013

DENNIS M. PATRICK: THE IMPERIAL PRESIDENT

How is President Barak Obama changing America? Into what is he changing us?

The term “bullying” comes to mind. Obama is contemptuous of the law, the courts and congress. On “60 Minutes” December 11, 2011, Obama openly stated, “What I am not going to do is wait for congress.” He is consolidating his power by ignoring the inherent system of checks and balances between the three branches of government. His aggressiveness is less veiled today.

Examples abound of the ways Imperial President Obama seeks to restructure America forcing his executive will by excluding the other two branches of government.

Obama violated the War Powers Act of 1976 by ignoring congress and the law with his 2011 intervention in Libya. Obama was required, by law, to seek congressional approval within 60 days of hostilities. He did not and instead chose to ignore his legal responsibility.

Obama was held in contempt of court for illegally obstructing oil drilling in the Gulf of Mexico. After federal judge Martin Feldman issued an injunction against Obama’s drilling moratorium, Obama re-imposed his moratorium prompting Judge Feldman to declare Obama in contempt. Obama changed tactics and suspended the permitting process, a clear violation of regulatory policy. His contempt resulted in -- nothing.

Obama unilaterally demanded, and got, $20 billion from British Petroleum following the Gulf of Mexico oil spill in 2010. That sum far exceeded the $75 million required by law. The funds were handed over to one of Obama’s political appointees to “administer.”

Obama abrogated bankruptcy law in the Chrysler case by turning over control of the company to his union supporters. Secured creditors are entitled to first priority payment under American bankruptcy law. In this instance, creditors were forced by Obama to accept 30 cents on the dollar of their claims. Meanwhile, the United Auto Workers holding junior status received 50 cents on their investment dollar.

In another highly unusual intervention in private business, Obama demanded in 2009 that General Motors CEO Rick Wagoner resign prior to the 2010 government-led “rescue” of GM.

Obama bypassed congress through executive fiat to consummate regulations with the effect of law. Cap and Trade (energy) and the Dream Act (immigration), bills that congress would not pass, Obama ruled as law.

Obama supported repeal of the 1996 Defense of Marriage Act. In 2011, when congress could not garner enough votes to repeal the law, Obama’s Attorney General, Eric Holder, took the highly unusual step declaring the federal government would no longer defend the law in court.

Obama again intervened in private business telling a manufacturing company where it could or could not locate a factory. Boeing built a plant for the 787 Dreamliner in nonunion South Carolina. The National Labor Relations Board received a complaint from the International Association of Machinists alleging that Boeing was retaliating against the union by relocating production out of Washington state. The NRLB dropped the suit against Boeing after the company signed a new contract in February 2012 favorable to the union.

Obama actively pursued bankrupting the coal industry. In a January 2008 interview with the San Francisco Chronicle then Senator Obama stated, “If somebody wants to build a coal-powered plant, they can, it’s just that it will bankrupt them.” To make good on his promise, President Obama, in March 2012, announced the first ever standards to cut carbon dioxide emissions from new power plants by 50% and mandated investment in unaffordable technologies to bury carbon emissions underground.

Obama filed two lawsuits each against Arizona (strict new immigration law and defunding Planned Parenthood) and Texas (redrawn voting maps and photo ID to vote). He filed other suits against Alabama (tougher state immigration law), Ohio (election law protecting the military vote) and Indiana (defunding Planned Parenthood), states he swore to protect and defend. This further erodes the 10th Amendment.

The beat goes on. On January 26, 2013, the Federal Appeals Court of DC ruled that three Obama “recess” appointments to the National Labor Relations Board were unconstitutional. Those appointments were made in January 2012. It is possible a year’s worth of NLRB decisions may be invalidated. Will Obama respect the court’s decision? Indications are he will not.

These are a few instances in which Obama’s presidency is consolidating executive power into an Imperial Presidency. By holding the Constitution and rule of law in contempt and by ignoring the other two branches of government Obama restricts American freedom.

Venezuela’s Hugo Chavez is dying. But, his spirit lives on in the White House.

 

Dennis M. Patrick can be contacted at P. O. Box 337, Stanley, ND 58784 or (JavaScript must be enabled to view this email address).

Click here to email your elected representatives.

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