Showing posts with label US Constitution. Show all posts
Showing posts with label US Constitution. Show all posts

April 3, 2012

Obama Warns 'Unelected' Supreme Court Against Striking Down Health Law.

*Source: Fox News

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President Obama, employing his strongest language to date on the Supreme Court review of the federal health care overhaul, cautioned the court Monday against overturning the law -- while repeatedly saying he's "confident" it will be upheld.

The president spoke at length about the case at a joint press conference with the leaders of Mexico and Canada. The president, adopting what he described as the language of conservatives who fret about judicial activism, questioned how an "unelected group of people" could overturn a law approved by Congress.

"I'm confident that the Supreme Court will not take what would be an unprecedented, extraordinary step of overturning a law that was passed by a strong majority of a democratically elected Congress," Obama said.

The Supreme Court spent three days hearing arguments last week in four separate challenges to the health care law, which stands as the president's signature domestic policy accomplishment. A central challenge was over the individual mandate -- the requirement that Americans buy health insurance. Critics say the mandate is unconstitutional, and that the federal government cannot force people into the insurance marketplace.

Obama on Monday said that without such a mandate, the law would not have a mechanism to ensure those with preexisting conditions get health care.

"I'm confident that this will be upheld because it should be upheld," Obama said, describing the law as "constitutional."

Republican lawmakers slammed the president for his Supreme Court comments. Sen. Orrin Hatch, R-Utah, accused the president of misrepresenting the implications of a ruling against the law.

"It must be nice living in a fantasy world where every law you like is constitutional and every Supreme Court decision you don't is 'activist,'" he said in a statement. "Many of us have been arguing for nearly three years that the federal government does not have the power to dictate individuals' purchasing decisions. After a national debate on the subject, more than two-thirds of Americans agree that the Obamacare insurance mandate is unconstitutional."

The president spoke following meetings with Mexican President Felipe Calderon and Canadian Prime Minister Stephen Harper. Until the heath care case remarks, the press conference was focused mostly on economic issues, as well as the war on drugs.

The leaders vowed a new effort to boost North American trade and cut needless regulation that stifles it. "Our three nations are going to sit down together, go through the books and simplify and eliminate more regulations that will make our joint economies stronger," Obama said.

Obama noted trade among the three neighbors now tops $1 trillion a year, and he wants to see that number rise.

But notable by its absence from the post-summit news conference in the Rose Garden was the controversial Keystone XL oil pipeline from Canada's oil sands in Alberta to the U.S. Gulf of Mexico. Obama shelved the plan pending further review -- and has endured ferocious GOP attacks ever since, with Republicans calling the move a blow to job creation and U.S. energy needs. He maintains GOP leaders in Congress forced his hand by insisting on a decision before an acceptable pipeline route was found.

Harper has voiced disappointment with Obama's decision. He also visited China in February to explore alternatives. Canada has the world's third-largest oil reserves -- more than 170 billion barrels -- after Saudi Arabia and Venezuela, and daily production of 1.5 million barrels from the oil sands is expected to rise to 3.7 million by 2025.


March 13, 2012

Obama Impeachment Bill Now In Congress.

*Source: WND

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Let the president be duly warned.

Rep. Walter B. Jones Jr., R-N.C., has introduced a resolution declaring that should the president use offensive military force without authorization of an act of Congress, “it is the sense of Congress” that such an act would be “an impeachable high crime and misdemeanor.”

Specifically, Article I, Section 8, of the Constitution reserves for Congress alone the power to declare war, a restriction that has been sorely tested in recent years, including Obama’s authorization of military force in Libya.

In an exclusive WND column, former U.S. Rep. Tom Tancredo claims that Jones introduced his House Concurrent Resolution 107 in response to startling recent comments from Secretary of Defense Leon Panetta.

“This week it was Secretary of Defense Panetta’s declaration before the Senate Armed Services Committee that he and President Obama look not to the Congress for authorization to bomb Syria but to NATO and the United Nations,” Tancredo writes. “This led to Rep. Walter Jones, R-N.C., introducing an official resolution calling for impeachment should Obama take offensive action based on Panetta’s policy statement, because it would violate the Constitution.”

In response to questions from Sen. Jeff Sessions, R-Ala., over who determines the proper and legal use of the U.S. military, Panetta said, “Our goal would be to seek international permission and we would … come to the Congress and inform you and determine how best to approach this, whether or not we would want to get permission from the Congress – I think those are issues we would have to discuss as we decide what to do here.”

“Well, I’m almost breathless about that,” Sessions responded, “because what I heard you say is, ‘We’re going to seek international approval, and then we’ll come and tell the Congress what we might do, and we might seek congressional approval.’ And I just want to say to you that’s a big [deal].”

Asked again what was the legal basis for U.S. military force, Panetta suggested a NATO coalition or U.N. resolution.

Sessions was dumbfounded by the answer.

“Well, I’m all for having international support, but I’m really baffled by the idea that somehow an international assembly provides a legal basis for the United States military to be deployed in combat,” Sessions said. “They can provide no legal authority. The only legal authority that’s required to deploy the United States military is of the Congress and the president and the law and the Constitution.”

The exchange itself can be seen below:




The full wording of H. Con. Res. 107, which is currently referred to the House Committee on the Judiciary, is as follows:

Expressing the sense of Congress that the use of offensive military force by a president without prior and clear authorization of an act of Congress constitutes an impeachable high crime and misdemeanor under Article II, Section 4 of the Constitution.

Whereas the cornerstone of the Republic is honoring Congress’s exclusive power to declare war under article I, section 8, clause 11 of the Constitution: Now, therefore, be it

Resolved by the House of Representatives (the Senate concurring), That it is the sense of Congress that, except in response to an actual or imminent attack against the territory of the United States, the use of offensive military force by a president without prior and clear authorization of an act of Congress violates Congress’s exclusive power to declare war under Article I, Section 8, clause 11 of the Constitution and therefore constitutes an impeachable high crime and misdemeanor under Article II, Section 4 of the Constitution.