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Title: Will It Come To Revolution?
Source: Absolute Rights - via email
URL Source: [None]
Published: Dec 9, 2013
Author: Jon Dougherty
Post Date: 2013-12-09 17:22:49 by BTP Holdings
Keywords: None
Views: 122
Comments: 1

Will It Come To Revolution?

Jon Dougherty

Some rather notable constitutional scholars made some disturbing observations about presidential power during a congressional hearing this week – things that did not, in my view, get the attention they deserved. Especially one scholar’s observations regarding one possible solution to continued federal government lawlessness.

Both men testified during a congressional hearing entitled, “Presidential Powers & the Constitution,” a title which belies the hearing’s true purpose: Examining the high crimes and misdemeanors of President Obama.

In an exchange with Rep. Bob Goodlatte, R-Va., chairman of the House Judiciary Committee, George Washington University law professor Jonathan Turley, a liberal, essentially said that the role of the Executive Branch has evolved far beyond the constitutional limits established by our founders, to a point where the presidency, for all intents and purposes, has become imperious.

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Here is one of the relevant exchanges:

Goodlatte: Professor Turley, the constitution, the system of separated powers is not simply about stopping one branch of government from usurping another. It's about protecting the liberty of Americans from the dangers of concentrated government power. How does the president's unilateral modification of act of Congress affect both the balance of power between the political branches and the liberty interests of the American people?

Turley: Thank you, Mr. Chairman. The danger is quite severe. The problem with what the president is doing is that he's not simply posing a danger to the constitutional system. He's becoming the very danger the Constitution was designed to avoid (my emphasis). That is the concentration of power in every single branch.

This Newtonian orbit that the three branches exist in is a delicate one but it is designed to prevent this type of concentration. There is two trends going on which should be of equal concern to all members of Congress. One is that we have had the radical expansion of presidential powers under both President Bush and President Obama. We have what many once called an imperial presidency model of largely unchecked authority. And with that trend we also have the continued rise of this fourth branch. We have agencies that are quite large that issue regulations. The Supreme Court said recently that agencies could actually define their own or interpret their own jurisdiction.

The regulatory machine

What Turley is saying is that, at this juncture in our history, the presidency has been elevated to an extra-constitutional status because of the massive growth in the federal bureaucracy.

For decades, Congress has passed laws which call for the creation of one federal department or agency after another. The idea initially was that the bureaucrats who ran these federal agencies would operate under the spirit of the law which created them, but over time, many of the bureaucracies became lawmaking powers unto themselves. Think about the IRS, the EPA and DHS, just for starters.

Together they constitute the de facto “fourth branch” of government that Turley describes in his testimony. Collectively, it is comprised of hundreds of agencies and bureaus that churn out about 80,000 pages of regulations and rules a year, a figure that is up 76 percent since the mid-1980s. Regulations outnumber actual laws passed by Congress over the last decade by something like 220-to-1. And these rules and regulations carry the weight of law.

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Lawlessness

Obama has been especially adept at “legislating” through the bureaucracy but, as Turley notes, this president has also committed serial violations of his oath of office by refusing to enforce duly passed laws, and by changing laws (like Obamacare) at will to suit current political needs. And in doing so, he has also challenged the authority of the Legislative Branch while simultaneously diminishing it:

The great concern I have for this body (Congress) is that it is not only being circumvented, but it is also being denied the ability to enforce its inherent powers… The president is outside the line, but it has to go before a court, and a court has to grant review, and that’s where we have the most serious constitutional crisis I have viewed in my lifetime, and that is this body is becoming less and less relevant.


Poster Comment:

An imperial Presidency is what the Founders feared most. That the Presidency should have evolved into a "King sitting on his throne" was what the Founders were repulsed by the most. This is why they created a Tripartite form of government, to keep the three parts of government in line, with the Supreme Court being the final check and balance.

The word "Congress" is taken from the Latin, whereas the word "Parliament" is taken from the French. You can see the difference in what they had intended. ;)

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#1. To: BTP Holdings (#0)

The supreme court is the most worthless segment of government ever seen.

Since Brandeis bought his way onto the court, it has become a toothless olde hag, of no value to anyone.

Making a decision to visit the mens room is a time consuming effort.

Marshall had to be carried in on a stretcher.

Supreme Court is a total waste and an embarrassment to this country.

Cynicom  posted on  2013-12-09   17:41:29 ET  Reply   Trace   Private Reply  


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