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Is the President Incompetent or Lawless?
Townhall.com ^ | July 31, 2014 | Judge Andrew Napolitano

Posted on 07/31/2014 5:15:00 AM PDT by Kaslin

It has been well established under the Constitution and throughout our history that the president's job as the chief federal law enforcement officer permits him to put his ideological stamp on the nature of the work done by the executive branch. The courts have characterized this stamp as "discretion."

Thus when exercising their discretion, some presidents veer toward authority, others toward freedom. John Adams prosecuted a congressman whose criticism brought him into disrepute, an act protected by the First Amendment yet punishable under the Alien and Sedition Acts, and Thomas Jefferson declined to enforce the Acts because they punished speech, and pardoned all those convicted. Jimmy Carter asserted vast federal regulatory authority over the trucking and airline industries, and Ronald Reagan undid nearly all of it.

The president has discretion to adapt law enforcement to the needs of the times and to his reading of the wishes of the American people. Yet that discretion has a serious and mandatory guiding light -- namely, that the president will do so faithfully.

The word "faithfully" appears in the oath of office that is administered to every president. The reason for its use is to assure Americans that their wishes for government behavior, as manifested in written law, would be carried out even if the president personally disagrees with the laws he swore to enforce.

This has not always worked as planned. President George W. Bush once famously signed into law a statute prohibiting federal agents without a search warrant from reading mail sent to persons other than themselves -- and as he was literally holding his pen, he stated he had no intention of enforcing it. That was a rejection of his presidential duties and a violation of his oath.

But today, President Obama has taken the concept of discretion and so distorted it, and has taken the obligation of faithful enforcement and so rejected it, that his job as chief law enforcer has become one of incompetent madness or chief lawbreaker. Time after time, in areas as disparate as civil liberties, immigration, foreign affairs and health care, the president has demonstrated a propensity for rejecting his oath and doing damage to our fabric of liberty that cannot easily be undone by a successor.

Item: He has permitted unconstitutional and unbridled spying on all Americans all the time, and he has dispatched his agents to lie and mislead the American people and their elected representatives in Congress about it. This has resulted in a federal culture in which the supposed servants of the people have become our permanent and intimate monitors and squealers on what they observe.

Item: He has permitted illegal immigrants to remain here and continue to break the law, and he has instructed them on how to get away with it. His encouragement has resulted in the flood of tens of thousands of foreign unaccompanied children being pushed across our borders. This has resulted in culture shock to children now used as political pawns, the impairment of their lives and the imposition of grievous financial burdens upon local and state governments.

Item: His agents fomented a revolution in Libya that resulted in the murder of that country's leader, the killing of the U.S. ambassador and the evacuation of the U.S. embassy. His agents fomented a revolution in Ukraine that resulted in a Russian invasion, an active insurgency, sham elections and the killing of hundreds of innocent passengers flying on a commercial airliner.

Item: He has dispatched CIA agents to fight undeclared and secret wars in Yemen and in Pakistan, and he has dispatched unmanned drones to kill innocents there. He has boasted that some secret reading of public positive law permits him to kill whomever he wishes, even Americans and their children.

Item: His State Department has treated Hamas -- a gang of ruthless murderers whose stated purpose is the destruction of Israel -- as if it were a legitimate state deserving of diplomatic niceties, and this has encouraged Hamas to persist in attacking our only serious ally in the Middle East.

Item: His Department of Veterans Affairs has so neglected patients in government hospitals that many of them died, and it even destroyed records to hide its misdeeds. His Internal Revenue Service has enforced the law more heavily against his political opponents than against his friends, and it has destroyed government computer records in order to hide its misdeeds.

Item: He has relieved his friends of the burdens of timely compliance with Obamacare, and he has burdened his enemies with tortured interpretations of that law -- even interpretations that were rejected by the very Congress that enacted the law and interpretations that were invalidated by the Supreme Court.

He has done all these things with a cool indifference, and he has threatened to continue to do so until the pressure builds on his political opponents to see things his way.

The Framers could not have intended a president so devoid of fidelity to the rule of law that it is nearly impossible to distinguish between incompetence and lawlessness -- and I am not sure which is worse. Archbishop Fulton Sheen often said he'd prefer to deal with a smart devil than a stupid one.

But the Framers did give us a remedy, and the remedy is not a frivolous lawsuit that the federal courts will no doubt reject as a political stunt. The remedy is removal from office. This is not to be undertaken lightly, as was the case when this remedy was last used. But it is the remaining constitutional means to save the freedoms the Constitution was intended to guarantee.

The choice is between two more years of government by decree or two years of prosecution. It is a choice the president has imposed upon us all.


TOPICS: Culture/Society; Editorial
KEYWORDS: 0bamaadmin; constitutionallaw; lawlessness; swine; worstpresidentever
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To: Kaslin

This president knows what his mission is — to destroy the United States and turn it into some socialist third world banana republic. But he is too incompetent or lazy to actually come up with strategies for accomplishing his goals. So he is perfectly content to be the public face of more powerful people and groups behind the scenes who will do the real work to destroy the US.


21 posted on 07/31/2014 5:25:30 AM PDT by fatnotlazy
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To: Kaslin

There is zero probability that articles of impeachment will be drawn up by the House against President Obama.

Where has he actually broken the law where it cannot be argued it is simply a matter of his discretion in ‘how’ to enforce law? Remember the Arizona case in Scotus, lost by Governor Brewer, in which the court said the president is in charge of ‘how’ to enforce border law.

In the following, though, I think he’s broke the law IF he’s proven to be part of the actions:

1. Fast and Furious

2. IRS conservative targeting

3. Eavesdropping on Americans without warrants


22 posted on 07/31/2014 5:25:51 AM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: Kaslin

There is zero probability that articles of impeachment will be drawn up by the House against President Obama.

Where has he actually broken the law where it cannot be argued it is simply a matter of his discretion in ‘how’ to enforce law? Remember the Arizona case in Scotus, lost by Governor Brewer, in which the court said the president is in charge of ‘how’ to enforce border law.

In the following, though, I think he’s broken the law IF he’s proven to be part of the actions:

1. Fast and Furious

2. IRS conservative targeting

3. Eavesdropping on Americans without warrants


23 posted on 07/31/2014 5:26:01 AM PDT by xzins ( Retired Army Chaplain and Proud of It! Those who truly support our troops pray for victory!)
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To: ripley

“He’s not stupid and knows exactly what he’s doing”

You give him too much credit. He’s following directions of people around him


24 posted on 07/31/2014 5:26:45 AM PDT by nuconvert ( Khomeini promised change too // Hail, Chairman O)
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To: NorthMountain
If he were trying to be a real President of the United States, he'd be incompetent.He's trying to destroy the United States, reduce her to just another third-world mohammedan kakistocracy ... so he's not incompetent

That's exactly my point.His entire life is taken from the pages of Rules For Radicals and from the writings of that guy who was so prominently featured in the pages of the NY Times on 9/11/2001...the one who said he's wasn't sorry for the bombs he planted and wished he could have planted more.

Someone please help me with his name...I'm having a mental block! ;-)

25 posted on 07/31/2014 5:28:15 AM PDT by Gay State Conservative (Rat Party Policy:Lie,Deny,Refuse To Comply)
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To: freeangel

They can explain it to Our Lord, just before He throws them into the Lake of Fire.


26 posted on 07/31/2014 5:29:24 AM PDT by Yosemitest (It's Simple ! Fight, ... or Die !)
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To: Kaslin

Yes.


27 posted on 07/31/2014 5:29:27 AM PDT by cripplecreek (Remember the River Raisin.)
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To: nuconvert
You give him too much credit. He’s following directions of people around him

You give him too little credit.We underestimate his intelligence at our peril.He's not "following directions" of those around him...he's surrounded himself with individuals who are just as intelligent and just as utterly amoral as is he.

28 posted on 07/31/2014 5:31:34 AM PDT by Gay State Conservative (Rat Party Policy:Lie,Deny,Refuse To Comply)
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To: ChildOfThe60s

Aren’t both impeachable offenses?


29 posted on 07/31/2014 5:31:44 AM PDT by joshua c (Please dont feed the liberals)
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To: Kaslin
Is the President Incompetent or Lawless?

Obviously BOTH

30 posted on 07/31/2014 5:32:00 AM PDT by from occupied ga (Your government is your most dangerous enemy)
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To: Gay State Conservative

Rules for Radicals == Saul Alinsky

Was the NY Times guy Bill Ayres?


31 posted on 07/31/2014 5:32:23 AM PDT by NorthMountain
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To: Kaslin

He’s not a manger, CEO, CFO, diplomat, lawyer, doctor, railroad chief.

He’s a Community Organizer which means he knows how to create havoc, rabble raise, and NOT HOW TO FIX IT.


32 posted on 07/31/2014 5:33:06 AM PDT by OpusatFR
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To: Gay State Conservative
just as utterly amoral as is he.

Not amoral, IMO. Immoral.

I think he knows full well that his agenda is evil and destructive, and follows it deliberately because he wants to be evil and destructive.

33 posted on 07/31/2014 5:34:41 AM PDT by NorthMountain
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To: NorthMountain
Was the NY Times guy Bill Ayres?

Yup,that;s him.He's the guy that Osama Obama says he just bumped into once or twice in the neighborhood.Of course Ayers tells a far different story...and I'm inclined to believe the *self-admitted* Maoist on that one.

34 posted on 07/31/2014 5:35:26 AM PDT by Gay State Conservative (Rat Party Policy:Lie,Deny,Refuse To Comply)
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To: Kaslin

Yes.


35 posted on 07/31/2014 5:37:07 AM PDT by fivecatsandadog (IMPEACH THE IMPERIAL P.O.S.. ARREST, CONVICT, INCARCERATE, DEPORT.)
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To: rarestia

I agree. And my tagline says where I think this will go.


36 posted on 07/31/2014 5:37:47 AM PDT by cuban leaf (The US will not survive the obama presidency. The world may not either.)
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To: ripley

We’ve actually seen no proof of his intellect beyond his ability to READ a speech written, probably, by someone else.

When he doesn’t have that text in front of him, he sounds like someone you’d be circumspect about hiring to mow your lawn.


37 posted on 07/31/2014 5:38:34 AM PDT by MrB (The difference between a Humanist and a Satanist - the latter admits whom he's working for)
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To: Kaslin

Yes.


38 posted on 07/31/2014 5:42:16 AM PDT by Gamecock (There is room for all of God's animals. Right next to the mashed potatoes and gravy.)
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To: Kaslin

He is lawless. Worse, he simply refuses to recognize that there are any limits on a president’s power. He thinks he has been made boss of the world.

At least 90% of the 535 members of congress see themselves as future presidents and crave the same power. No one will stop him.


39 posted on 07/31/2014 5:45:55 AM PDT by muir_redwoods (When I first read it, " Atlas Shrugged" was fiction)
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To: NorthMountain
Not amoral, IMO. Immoral.I think he knows full well that his agenda is evil and destructive...

My understanding of the two words is:"immoral" is one who understands the basic moral code but is unable,or unwilling,to abide by it.Some of them are capable of feeling guilt because of their actions and *some* eventually see the error of their ways and modify their thinking and behavior to comply with that code.Or,to put it another way,some "sinners" do eventually seek "redemption".

OTOH,"amoral" means that someone fully understands the basic moral code but has genuine,complete contempt for it,feels *no* guilt and have no intention whatsoever of ever conforming to this code.They *never* seek "redemption",

40 posted on 07/31/2014 5:46:18 AM PDT by Gay State Conservative (Rat Party Policy:Lie,Deny,Refuse To Comply)
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