Showing posts with label separation of powers. Show all posts
Showing posts with label separation of powers. Show all posts

Tuesday, February 4, 2020

SEPARATION OF POWERS HUNGRY PARTY POLITICS



The separation of powers is a strategic foundation, in our tri-cameral form of Republic. It allows both equality of power, between the branches, and an oversight responsibility, over the others as well.
The Democrat Party apparently has lost its ability to, not only understand our Constitution, but they fail to respect, either the Judiciary or the Executive branch, especially, if Democrats don’t own the power, in all three branches.

The Tenure of office act was a law passed by Congress in 1867 that required the Executive branch to win Senate approval, of the firing of any cabinet position in the White House. In other words, Congress usurped the constitutional powers of a president to fire his cabinet appointees. They reasoned that because the Senate was allowed, per the Constitution to approve of presidential choices, it was unwritten yet implied, that Congress had the right to approve or disapprove any dismissals, by the Executive branch. This liberal progressive seer-like logic interpretation, of our framers words, has led to a number of wayward walks, off our Constitution’s clear path. 

Congress impeached Andrew Johnson over their unconstitutional grab of power, until the Tenor of Office Act was repealed in 1887, however, it wasn’t officially ruled unconstitutional by the Supreme Court, until 1926. (Myers v. United States) 

The Senate had constitutional authority to approve cabinet nominees but no expressed power beyond that, to require a President, to check in with Congress when firing a cabinet officer.

Democrats and Republicans that do not understand the Constitution and infer powers not expressly stated in our Constitution, have been playing fast and loose with Americans rights, creating unconstitutional government bureaucracies (Department of Education) and distorting the power of the majority versus minority, in our three branches of government.

The Trump impeachment by the House of Representatives was a partisan, dangerous and complete political treachery of our system, stepping on the separation of powers, which was expressly designed, to keep the corruption of one branch from infecting all other branches and the country as a whole.

Congress has no authority to suggest that the exercise of executive privilege, by Trump’s cabinet officials to not testify, to an impaneled witch hunting committee, using invalid subpoenas, was, is, or would ever be, an admission of obstruction of Congress. Nor, does the asking by Trump of a foreign leader, (Ukraine Zelensky), to investigate a public statement by a former vice-President (Joe Biden), that he extorted Ukraine’s previous administration, to fire a prosecutor undertaking an investigation, of a company (Burisma) where the vice-President son (Hunter Biden) was receiving inflated financial gain, constitute abuse of power.

The absurdity of the charges actually makes the impeachment of Andrew Johnson based on the Office of Tenure Act, seem more legitimate. 

As Americans watch the impeachment proceedings three things become exceedingly clear and frightfully painful to discover.

One, the complete lack of comprehension on the part of our so-called representatives to understand our Constitution, as exampled in Maxine Waters statement that, “Impeachment is, what Congress says, it is.”

Two, the argument by the House Managers, Schiff and Nadler especially, that Trump officials exercising their rights, granted in the Constitution, to have a judge decide whether they should uphold the Executive branch privilege or submit to Congress’s subpoena to testify, proves guilt on the part of Trump and his administration. Put in other terms, these men have flipped the jurisprudence script to one that reads, you are guilty, until you prove and protest your innocence.  

Three that the impeachment charges brought before the Senate, should have been quickly, and summarily thrown out on multiple grounds, if we truly had smart, fair and constitutional loyal representatives in our government. 

There were no “high crimes and misdemeanors” in the House’s case. There was no evidence of Trump seeking personal gain. There is no blanket immunity given any presidential primary candidate (Joe Biden) from investigation into corruption of office. Otherwise every criminal would run for office to escape questions about their crimes. There can’t be abuse of Congress for exercising privilege not to testify, (Separation of Power) especially when the subpoenas issued by Congress were in fact, invalid.

The fact that Americans endured a torturous defaming of Trump by politically motivated party members, publically smearing his name and by default snubbing the electorate that support his presidency, shows how dangerously off the rails, the political left has become in this country.
Our government has yet to punish those that rigged the 2016 election, spied on private citizens, obtained warrants through lies and fraudulent means and handcuffed the first two years of the electorate choice for Commander in Chief, with a phony criminally engineered Russian conspiracy sham.
 
Americans were not fooled in 2016, and Americans are not being fooled in 2020, but will three times be a charm?

Unless the electorate makes the Democrats and never-Trumpers, pay for their lies and abuse of government power, this will continue to strain our Republic. And given the utter ignorance of some of our members of Congress, can we entrust them with the future of our Republic? 

If these Congress men and women are dumb as rocks, then vote them out, they are dangerous. If instead, you view them as corrupt and power hungry, then again vote them out, because our Republic’s fate, our country’s legacy, our children’s freedom, should never be in the hands of evil morons.

Monday, February 24, 2014

THE DEMOCRATS ARE THE PARTY OF LIES, SPIES AND TEARLESS CRIES



Under the guise of gathering information, under the trickery of data collection and under the innocuous rationale of insuring fairness, our government is intruding. Our government is expanding its power well beyond its original limitations with its hands on our health throats. Our government is becoming a ubiquitous unwelcomed peeping-tom in our Americans lives. 

The NSA and now the FCC have been caught spying and peeking treacherously in the shadows. They are trampling all over the “keep out” signs and prohibitions written clearly in the Bill of Rights, from the first Amendment to the tenth.  

The new revelation that the FCC has plans to infiltrate newsrooms with a survey to gather information to supposedly ensure that there is equal opportunity for diversity in the ownership of media outlets is not just troubling it is downright antithetical to core principles of America’s credo. 

Once again Americans have an explosive story that provides ample insight and evidence that big government is a tyrannical threat, a morphing growing monster that eats freedom and sucks the oxygen of liberty out of the air, interfering with the American individual ‘s right to breathe unmolested.

The Democrats continue to talk of Republicans’ false wars on women and the environment when their Party and administration is actively waging war on America’s very foundational essence. War on privacy, war on Bill of Rights, war on free enterprise, war on fossil fuels, war on private property, war on jobs and war on our Constitution and its reliance on the separation of power.  

It is time for the voters; yes the Democrat supporting voters, to be called out as supporters of big government tyranny. No longer should we accept the “low-information” voter excuse of those that continue to elect and re-elect Democrats. 

The Democrat Party is enabling Obama to rule like a king. The Democrat Party not only authored Obamacare, it supports big government expansion by its unlawful interpretation of our Constitution. Democrats treat our Constitution and Bill of Rights as a metaphorical document of translation subject to loose interpretation as opposed to a carefully worded and crafted legal contract that establishes foundational law.  

Whether by support or silence the Democrats in Congress have not once joined with Republicans to try and admonish this administration from trampling the separation of powers and the privacy rights of citizens. Democrats claim to be the party for the little guy yet they support tyranny over individual rights and complete dispassion for citizens whose rights are being eroded daily.

Big federal government was considered a danger by our forefathers because they knew it would assume more power and control than it was granted. They understood that government unchecked would evolve and grow like a bacteria insinuating itself into every organic opportunity to become not just an arbiter but the controlling power. 

Democrats love to play the victim and propose more government, more laws and more regulation as the fix to all the perceived unfairness in the world. Gullible and compassionate Americans accept the Democrats false premise that a government program or policy will help save citizens from fate and folly. Not only is their big government solution a scam, but the so-called inequity it pretends to fix is a swindle.

Does it make sense to anyone that Obamacare that was foisted on the American public to supposedly create lower health insurance costs and more equity in coverage has instead made it less affordable? Isn’t it proof enough that government programs are more spoilers than saviors when Americans have seen their old more affordable coverage replaced with unwanted provisions, see their policy deductibles increase the cost to patients and discover that their doctors and hospitals are no longer affiliated with their coverage? 

Isn’t it proof enough that government makes the problem worse not better when we learn that the number of uninsured Americans remains the same or is even greater after Obamacare? Isn’t it typical bureaucratic insanity that Americans must pay a policy premium rate based on contraceptive coverage well past their child bearing age because the one size fits all coverage by the Democrats has zero flexibility?

Worse than all this, the Democrats shut down the government rather than to delay Obamacare but then when its rollout disaster threatened to damage the Democrat Party brand, King Obama waved his imaginary power wand and delayed it until after 2014 and then again until after 2016 in a blatant corrupt political move.

The Democrats have accused Republicans of not caring for the poor, middle class and the aged yet; Obamacare is killing full time employment. Obamacare is contracting business expansion. Obamacare has cut into Medicare, and it is they, the Democrat Party, not the Republicans that are throwing Grandma over the cliff.

Democrats lie with a straight pace of socialistic expediency. Democrats support our government spying and collecting data on law abiding citizens while they have the gall to finger point that social conservatives are the moral police. The Democrats tearless cries of injustice have been exposed, and all Americans, even those half politically awake, should see thru their shameful shams, their counterfeit concern, their  synthetic sincerity and mostly their premeditated power grab on your individual right to freedom.

The separation of powers is dying if not already mortally wounded and our nation needs patriotic Democrat voters, libertarians, independents and conservatives to coalesce around our Constitution and throw sedition out of office, everywhere it germinates.
 

“Political language... is designed to make lies sound truthful and murder respectable, and to give an appearance of solidity to pure wind.” (George Orwell)
Claudia Roazen is a writer from Maine. Her book “ARE WE THE SHEEPLE OR THE PEOPLE? AN AMERICAN WOMAN ON FIRE!” can be purchased at AMAZON.COM or on her website http://claudiawrites-rights.blogspot.com/

Friday, February 7, 2014

THE KING HAS A PEN BUT THE PEOPLE RULE



There has been some chatter over the president’s recent brashly arrogant statement that he will use his “pen and phone” if Congress doesn’t jump on board with his legislative agenda. Not only is his statement disrespectful of our nation’s system of co-equal branches of government, it slaps “We the People” across the face dismissively.

The Democrats in the House and the Senate remain silent. Speechless to Obama’s expansion of executive actions and unconcerned over their President that dismisses representative government. The quiet collusion of the Democrat Party that so consistently talks about being the Party for the people, the minority and the working class American apparently thinks dictatorial rule is fine. The Party that falsely claims America is a democracy apparently has no problem with Obama acting like a demigod dictator.

Who from the Democrat Party has stood up to challenge the President’s unilaterally pen that implemented by executive order the Dream Act when Congress defeated the bill? Who in the Democrat Party has challenged the President’s authority to delay deadlines in the ACA law without congressional approval in the implementation of Obamacare? Who in the Democrat Party has stood up for the Constitution of the United States and demanded that Obama and their own colleagues in power abide by the laws of this nation? Doesn’t that tell you all you need to stop voting for this power hungry Party? 

The Democrat Party has accused Republicans and conservatives of having wars against, women, immigrants, environment, minorities, welfare and social security. Yet the truth is that the only real political war in this country is being done by the Democrats on our Constitution and our Bill of Rights.

Americans have been waiting impatiently for Congress (both parties) to stand up for the Constitution, stand up to executive tyranny, stand up for the American people and force the President to stand down from his imaginary imperial throne. The problem for the Republicans is that a court suit requires “standing” and not just by one political party but a bipartisan congressional lawsuit.

In law standing or “locus standi” is needed to bring a lawsuit and there are three requirement to standing;  direct injury by defendant to the plaintiff, clear path of cause and effect that leads to the defendant actions as culpable for plaintiff injury and lastly redressabilty. Redressabilty means that that a court ruling would have to have a compensating value for the injured plaintiff. 

Individual Representatives do not have standing to sue Obama but Congress as a whole body certainly does and the American people absolutely have standing. If Congress sued Obama claiming voter nullification by the Dream Act that was voted down by the people’s representatives in Congress, and then nullified by Obama’s executive order to institute it, it would meet the threshold. Yet even then can we trust the Supreme Court?

Obamacare should never have passed the courts constitutionality test and most American now believe  that the courts are just as politically vested in the outcomes of their decisions as with political party politics. Chief Justice John Roberts had no authority to redefine the word penalty in the Obama administrations legal briefs as a tax, yet that is what he did. I am not sure Americans trust our Supreme Court given how badly they let America’s Constitution down over Obamacare. Would the court dethrone Obama if there was a lawsuit to stop his executive overreach, or would they crown him and chide the American people that it is their fault they elected a king?  
  
When either party claims that there is little to be done to stop Obama’s tyranny, the American people don’t need to know law and legal terms to know that is a lie. Our system has at its basic core the rights of citizen’s voice and the duty of our representatives to express and enunciate that voice, but instead Congress (especially Democrats) have swallowed our tongues.

If Congress can’t legally compel this President to stop acting unilaterally to bypass the will of the people than why are our Representatives not standing on the front lawn of the White House in protest? Why are they not demanding that the liberal Press own up to the truth that this President has contempt for the American people and our Republic? Why are these so-called representatives of states in the union rolling over and playing dead?
Obama and the Democrats claim to be patriotic. They claim to care about their country. They claim that every vote should count and every American should have easy access to the polls, but why? Indeed why vote if it means you are voting to be dictated. Do the Democrats think that every political victory assigns them and their president a mandate of kingship rule?

Did you vote for Obama as emperor? Did you vote for Obama and agree with every thought and ideological policy that comes to his mind? Did you really think you could keep you doctor and your health insurance policy? Did you really think Obama and the Democrats care about what you want once they have your ballot counted? There is a reason for the term useful idiot. 

Americans are frustrated and the low polling numbers of Congress reflect the utter contempt they feel for a body that should be able to at least come together (Democrats and Republicans) to preserve the separation of powers and not allow the President to act lawless.

The President is desperately seeking to impose his socialism upon our nation ruining our economy in the process with his continued penchant for more and more spending at the taxpayer’s serf expense. His recent executive order to demand that all federal contractors pay their workers a new 10.10 dollar minimum wage is paid for by whom? The contractors will do what all businesses do, they will raise the price of the contract bid then send the bill to the government, and it will be paid by the taxpayers. Obama just took more money from the middle class private sector pocket and redistributed it to the government contract workers pockets by the stroke of his Marxist red pen. 

Americans did not suffer one abuse from the King but many and multiple usurpations and repeated injuries before we realized that petitions of redress were not stopping the tyranny of a free people. We beseeched the British Parliament but found them also “deaf to the voice of justice and of consanguinity” quoted from the Declaration of Independence. President Obama may have a pen, but We the People have always resisted being ruled, and if our Representatives don’t wake up and side with the people; well I think that maybe the sheeple will break out of their pens.