Posted on 02/01/2011 11:35:48 AM PST by jdoug666
The birthers have a plan to end Barack Obama's presidency—and in Arizona, they're making progress.
(Excerpt) Read more at motherjones.com ...
They can’t be reduced except by a future president. That is a big problem with executive orders. As far as bills he signed, they are acts of congress, so the courts would say they cannot be overturned just because he “assented” to sign them.
The real problem are the presidential signing statements. They are the culmination of the “imperial presidency” problem, and may not even be solvable with a constitutional amendment prohibiting them, because neither the congress nor judiciary could enforce it.
How to stop a rogue president, one extending his power, or refusing to perform his job, is a huge nightmare.
One possible solution I have heard is a different approach, that all presidential activities *must* go through a designated senate approved cabinet officer, because *they* can be impeached without impeaching the president.
Only one cabinet secretary has ever been impeached, but this might be a way in which the congress could stop a rogue president that he could not evade. The constitution is unclear about the cabinet, and this would also formalize it as a body.
That does raise some other problems, such as the ability of the president to fire cabinet officers, but they are minor compared to the overall containment of the presidency.
A different approach, one that I favor, because it would solve a whole slew of constitutional problems at the same time as well as create an orderly process to trim the size of government down to its constitution authority, is an amendment to create a Second Court of the United States.
Much like the original composition of the senate, it would be subordinate to the SCOTUS, but superior to the federal district courts. Importantly, it would *not* be a federal court itself.
Composed of two judges appointed by each State legislature, it would not act as a federal court, either. That is, it would not debate the constitutionality of court cases, but whether their jurisdiction should be at the federal or State level.
Each year, the federal district courts have some 8,000 cases appealed to the Supreme Court, of which it can only hear a tiny fraction. Many, or even most of these should not be in the federal courts in the first place, and by appealing them to the Second Court, the States would decide to return them to their State court.
Thus, the Second Court would eliminate enormous amounts of federal judicial activism from the 3,600 federal judges.
However, its other purpose would be to have original jurisdiction of lawsuits between the States, and between States and the federal government. By going to this court first would much simplify the process, eliminating two or three meaningless hearings in lower federal courts.
So, for example, if Obama issued an executive order decree outlawing all private ownership of guns, the States could immediately sue him in a court of all the States. 100 State judges, who would likely overturn his executive order and prohibit the executive branch from enforcing it. Any action by any cabinet officer or subordinate to carry it out would be contempt of court.
And the States could then sue their way to a smaller federal government.
The SCOTUS would still be there to act as a check on them, if they had a simple majority decision. But if 2/3rds of the States agreed, then the federal law, regulation, executive order, decree, whatever, is gone.
(Right now, I will add, some congressmen are planning to propose an amendment that would give States such 2/3rds power over federal law, but that uses a much more ponderous process of State legislature resolutions.)
They want to keep this as quiet as possible, so they would inform the head of the DNC. But the harder Obama pushed on the ballot, the harder the SCOTUS could push back. They could agree to any number of lower court injunctions against his participation, and if pushed to the limit, they could enjoin the electoral college.
The real Democrat leadership would not allow things to go that far, so would just refuse to let him run on their ticket, withhold all his money, etc.
Hello dingbat. Obama could sign an executive order that says he is King of America doesn't make it so.
In Barry Obama Soetoro's case, he was likely adopted at age 6 or 7 and knew about his father of record Obama Sr. There is no reason for any confidentiality in his case. All the parties know of each other.
Hillbuzz believes Obama has Parkinsons. For example, he talked with someone that had been in Obama’s home and it was filled with info on Parkinsons.
there are other reasons why he believes Obama has it.
I thought he had worms?
Good idea...
The lack of Illinois senate records is interesting. Wonder why these were also kept off limits to the public.
It has been reported Issa is having trouble getting requested documents from this administration. They are stonewalling.
Hello dingbat. Obama could sign an executive order that says he is King of America doesn’t make it so.
Arizons could have challenged the veracity of that declaration. But they didn’t.
In Barry Obama Soetoro’s case, he was likely adopted at age 6 or 7 and knew about his father of record Obama Sr. There is no reason for any confidentiality in his case. All the parties know of each other.
ABSOLUTELY STUNNING!
Of course. This is a Nuke bomb politically. The entire media, academia, the Dems who certified him, and the Messiah himself will all get pinned for this.
This should be the death of the Ratparty
Insert reason for stepping down.
Purged? More like hidden like much of his documents that would expose him.
Where are you getting this?
I called the HDOH a couple of years ago, asking some general questions that pertained to Obama's records.
The HDOH person answering the telephone told me that birthers were crazy and that Obama is actually doing the best that he can.
In other words, the ends justify the means, and to think otherwise is to be crazy.
The difference between them and us is that although they know something is ‘suspicious’, they just don’t care and even fight to suppress it. They are so fanatic in their craziness, they wouldn’t care if Achmadinajad was Obama’s true father and Chavez is his brother. They just don’t care.
Actually I believe that most of the liberals do care about the issues in the sense that they favor the liberal agenda. As long as Obama pursues the liberal agenda, his legitimacy as president is not even up for consideration. The only thing that matters (in their view) is that he is liberal.
And a liberal is someone who pursues the liberal agenda, regardless of whether or not a particular liberal agenda item is allowed under the Constitution.
Liberals view birthers as crazy because birthers value principle, while liberals value, by and large, only the liberal agenda. Because they feel they are right and concepts such as principles and the rule of law are irrelevant and inconsequential to their feelings.
A doublecheck on the liberal reasoning is how liberals consider the budget, debt, and deficit. Liberals do not consider the deficit when advocating more spending in a budget, because they feel they are right and concepts such as long term responsibility for repayment of the debt are irrelevant and inconsequential to their feelings.
And a liberal is someone who pursues the liberal agenda, regardless of whether or not a particular liberal agenda item makes sound long term economic policy.
So, a liberal is a person who has ordinary human desires, but who exercises his or her political will in a manner that is simply independent of rationality to fulfill those desires.
Thus, using rationality to debate a liberal is largely an exercise in frustration. Liberals generally do not indulge in such abstract thought.
No individual source. It leaks out in bits and pieces. The Supremes have some very firm ideas about what they can and cannot do, and they are very hesitant about stepping on the toes of the other branches. And especially hesitant about making any sort of public fuss.
They live in an arcane world. A leftist who attended the speech by Justice Scalia to a Tea Party group last month was impressed at how utterly impartial, non-partisan and scholarly he came across. But that is the attitude of the entire court. They think of themselves as referees, experts in the rule book of the law.
That is why I have little or no surprise at how they plan to deal with the Obama problem. In essence, he found a loophole and used it, so he gets away with it, but only once. If he tries it again, they will put their foot down.
Well, something else must be the problem then.
You believe President Obama is just playing a game with his critics, detractors, and the Birthers; this is why he won’t release any documentation.
I believe that President Obama is not releasing documentation because the information on it would cause him irreparable political damage.
Occam’s Razor suggests I’m right.
what abercrombie said about the notations was that the notations were in the dept of state vault.
he mentioned nothing about the vital records archives which is where fukino said she’s seen 0dumbo’s origianl bc in 08.
from Factcheck nov 1 08
“Analysis
Update Nov. 1: The Associated Press quoted Chiyome Fukino as saying that both she and the registrar of vital statistics, Alvin Onaka, have personally verified that the health department holds Obama’s original birth certificate.
http://www.factcheck.org/elections-2008/born_in_the_usa.html
Just misdirection by Dems IMO
Well, something else must be the problem then.
You believe President Obama is just playing a game with his critics, detractors, and the Birthers; this is why he won’t release any documentation.
I believe that President Obama is not releasing documentation because the information on it would cause him irreparable political damage.
Occam’s Razor suggests I’m right.
I primarily base my opinion on the lengths that the previous Republican administration in Hawaii went to to defend Obama’s birth records as accurate.
Former Governor Lingle wants to be Hawaii’s next Republican Senator. I can find no motivation for her to put her political future on the line to lie for a left wing Democrat, particularly when any lie can be easily exposed by a simple subpoena for Obama’s original birth records.
The former Governor says that Obama’s birth certificate states that he was born at Kapi’olani Hospital in Honolulu.
If there was any hanky-panky with his birth certificate, it might well have occurred back in 1961 and been done by Obama’s grandparents having birth records created for him. If that is what happened, we may never know the truth of the circumstances of his birth and eligiblity.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.