Author Topic: Did President Obama Fail to Uphold Constitutional Duty to Enforce Laws?  (Read 890 times)

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Offline happyg

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seen on The Kelly File
 
A House committee is holding hearing tomorrow that will challenge President Obama for failing to uphold his constitutional duty to enforce the nation’s laws.

Judge Andrew Napolitano said tonight on The Kelly File that the president’s actions over the past few years add up to an impeachable offense.

The judge explained, “The committee is looking into whether the president has substituted his judgment for that of the Congress’s in such a way that he has enforced a law that Congress didn’t write because he rewrote it.”

In particular, Judge Napolitano maintained that the president was unauthorized to change the date for the employer mandate of ObamaCare to kick in. He said House Republicans could pass a resolution pointing out that President Obama is not faithfully enforcing the laws. “It will further diminish and destroy the trust he once had with the American people.”

http://foxnewsinsider.com/2013/12/02/house-committee-discuss-whether-obama-failed-uphold-constitutional-duty-enforce-laws

Offline happyg

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Re: Did President Obama Fail to Uphold Constitutional Duty to Enforce Laws?
« Reply #1 on: December 03, 2013, 12:43:36 PM »
Am watching the Hearings on C-SPAN2. Democrats are talking policy; republicans are talking Constitution.

Offline Rapunzel

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Re: Did President Obama Fail to Uphold Constitutional Duty to Enforce Laws?
« Reply #2 on: December 03, 2013, 01:26:04 PM »
Am watching the Hearings on C-SPAN2. Democrats are talking policy; republicans are talking Constitution.

Watching it, too!
“The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves.” G Washington July 2, 1776

Offline Fishrrman

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Re: Did President Obama Fail to Uphold Constitutional Duty to Enforce Laws?
« Reply #3 on: December 03, 2013, 10:39:06 PM »
[[ Judge Andrew Napolitano said tonight on The Kelly File that the president’s actions over the past few years add up to an impeachable offense. ]]

I have much respect for Mr. Napolitano, but the odds are far greater that Obama will be removed from office by a military coup than they are of him being impeached and removed by Congress...

Offline Oceander

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Re: Did President Obama Fail to Uphold Constitutional Duty to Enforce Laws?
« Reply #4 on: December 03, 2013, 11:52:48 PM »
Am watching the Hearings on C-SPAN2. Democrats are talking policy; republicans are talking Constitution.

The trouble is that the issues of executive/prosecutorial discretion sit at the crossroads where the text of the Constitution and policy intersect (or collide, if one prefers).  The concept of prosecutorial discretion dates back several hundred years to English common law.  That concept would have been part of the background and context against which the Founders wrote the Constitution; as such, since the Constitution did not explicitly place restrictions on that sort of discretion, it is not unreasonable to believe that they intended for the executive branch to have some degree of discretion over how and when to enforce federal law.

Offline Rapunzel

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Re: Did President Obama Fail to Uphold Constitutional Duty to Enforce Laws?
« Reply #5 on: December 03, 2013, 11:56:40 PM »
The trouble is that the issues of executive/prosecutorial discretion sit at the crossroads where the text of the Constitution and policy intersect (or collide, if one prefers).  The concept of prosecutorial discretion dates back several hundred years to English common law.  That concept would have been part of the background and context against which the Founders wrote the Constitution; as such, since the Constitution did not explicitly place restrictions on that sort of discretion, it is not unreasonable to believe that they intended for the executive branch to have some degree of discretion over how and when to enforce federal law.

Jonathan Turley - a raging liberal constitutional professor at Georgetown, University was very clear in his testimony this morning this president has over-stepped his constitutional authority by re-writing the bill - more than once.  All the professors testifying today were quite clear that this bill did not originate in the house and thus is in violation of the origination clause.   
“The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves.” G Washington July 2, 1776

Offline Oceander

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Re: Did President Obama Fail to Uphold Constitutional Duty to Enforce Laws?
« Reply #6 on: December 03, 2013, 11:58:10 PM »
Jonathan Turley - a raging liberal constitutional professor at Georgetown, University was very clear in his testimony this morning this president has over-stepped his constitutional authority by re-writing the bill - more than once.  All the professors testifying today were quite clear that this bill did not originate in the house and thus is in violation of the origination clause.   

That's a different matter; however, the line between exercising the discretion to enforce, or not enforce, a law and enforcing a law that wasn't written in the first place, is not the most clear-cut of lines.

Offline Rapunzel

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Re: Did President Obama Fail to Uphold Constitutional Duty to Enforce Laws?
« Reply #7 on: December 04, 2013, 12:05:41 AM »
That's a different matter; however, the line between exercising the discretion to enforce, or not enforce, a law and enforcing a law that wasn't written in the first place, is not the most clear-cut of lines.

They also pointed out there was a lot of constitutional questions about how they took a bill which had zero to do with the AFA that had come over from the house and stripped everything except the number on the bill out of the bill and inserted Obamacare in the Senate and then that is the bill they passed.  They said this habit of stripping out bills passed as one thing in the house and replacing with something entirely different in the senate  and then passing it without running it back past the house is unconstitutional as well.

Once the Democrats all had their 5 minute rants and left the room the testimony was beyond enlightening as all the men testifying went beyond their personal beliefs and stuck strictly to the constitution in their replies and testimony.

 I was glad happyg posted it was on and I was able to watch most of it.  Almost like auditing a constitutional law class over a cup of coffee.
“The time is now near at hand which must probably determine, whether Americans are to be, Freemen, or Slaves.” G Washington July 2, 1776


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