November 4, 2014
Why Voting and Elections Matter
original article written by Net Advisor™
WASHINGTON DC. A party in power can forever influence the laws in the United States in federal courts and at the Supreme Court level, if they place a judge who is more activist than an independent judiciary as the U.S. Constitution requires.
Purpose of Term Limits
If one political party should stay in power “too long” it can change the (legal) direction of the country. Such action could put our Constitutional Republic (Article IV, Section 4) at risk of becoming under some supreme ruler without Congressional authority such as a Monarch, self-proposed King, or Dictator. [Further Reading: United States v. Cruikshank, 92 U.S. 542 (1875)]. This is why a President is limited by two elected terms in office under the 22nd Amendment, Article I of the U.S. Constitution.
When the country is faltering, like now, change is necessary to put the country back on a healthier path. If government fails the People, voters can remove them from office and replace them with hopefully fresh thinkers who will do what needs to be done.
President Obama and his elected supporters have views that are not always in alignment with the U.S. Constitution. There are many examples of President Obama’s Constitutional violations, which we will discuss in a future report. For today’s purpose as it relates to the current topic, we cite Obama’s violation of recess appointments and what may happen after the 2014 Mid-term elections.
President Obama’s Violation of the U.S. Constitution: Recess Appointments
In 2012, President Obama tried to make some judicial appointments to the National Labor Relations Board (NLRB) bypassing the U.S. Senate’s legal authority. Obama made these appointments while the U.S. Senate was in session.
Obama’s action is a Constitutional violation of his Presidential authority, and the U.S. Supreme Court agreed (PDF 108pps) in a rare unanimous 9-0 decision. Because of the U.S. Supreme Court ruling, all of those NLRB appointments were rescinded.
Supreme Court & Judicial Appointments in a Lame Duck
The period where one party loses control in Congress is called “Lame Duck.” President Obama will likely push through every single appointment – mostly permanent Federal Judges where only the U.S. Senate needs to confirm such appointments. These appointments can also include replacing any retiring member of the Supreme Court of the United States (SCOTUS).
Justice Ruth Ginsburg has been pressured by Liberal Democrats to retire from the Bench to then allow President Obama to replace her potentially with an activist judge on the High Court. President Obama has already appointed two of the nine U.S. Supreme Court Justices (Elena Kagan and Sonia Sotomayor) during his term in office.
To make it easier for Obama to pass his Presidential appointments by the U.S. Senate, Democrat Majority Leader Harry Reid (Nev.) unilaterally changed the rules. The result of this is in attempt to silence the minority party in the Senate from having a say in government. It should be interesting when Republicans take the Senate this year or in the future and if Democrats will complain about having their voice silenced by Reid’s rule change?
Obama Threatens to Bypass Congress – Again
Despite SCOTUS unanimous ruling against President Obama’s Constitutional violation, Obama continues to threaten to act without Congressional authority.
“[W]e’re not just going to sit around and wait interminably for Congress (to write laws) …We’ve been waiting a year already.”
— Pres. Barack Obama said in June 2014 on MS-NBC. (Source: Breitbart)
It is a bit disconcerting that a sitting President would even consider the notion of repeatedly violating Constitutional law because Congress (Legislative Branch of government), who has the legal authority under Article I, Section 1 of the United States Constitution won’t pass a law that Obama (Executive Branch of government) wants for political reasons.
The lawful citizens (the People) of the United States have the power to vote and make changes to their representatives when their representatives fail them, and fail to uphold the laws that they have been empowered with, and not to exceed their authority. This is why voting and elections matter.
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