Our rights do not originate with government, but they are to be "secured" by government.
Formerly: Libertarian Party of Citrus county

Tuesday, August 5, 2014

Impeach Obama – NOT!

By Tom Rhodes, 8/5/2014

The whole Impeach Obama drive is drivel and a waste of time and effort from productive activities. First to impeach Obama you will have to prove to 2/3rds of the Democrat majority senate he’s guilty of treason, bribery, or other high crimes and misdemeanors. At least according to the constitution. Obama is daring congress to try. The reason he is playing that gambit is not just because the senate is controlled by Democrats, but he has clearly Obama has not committed an impeachable offense.

What he has done is violate his oath of office, he is changing laws, and not enforcing laws, or selectively enforcing other laws at his whim. Currently there are no laws nor constitutional method for congress to hold the president accountable, if the president says to congress screw you and acts like a dictator. All congress can do directly is withhold money. That’s it.

Creating and changing laws is a power reserved to Congress, Obama has routinely changed law to suit his whims. Obama’s executive orders and actions may be unconstitutional but they are not illegal. Because Obamas actions are a mere violation of his Oath but not illegal they are not a high crimes or misdemeanors, nor are such actions treasonous, nor can his actions be proven to be bribery. Hence there is no constitutional grounds to impeach him.

It is unconstitutional for congress to pass any law infringing on the right of the people to keep and bear arms. It is not illegal for congress to pass unconstitutional laws. Congress as a whole, nor congressmen individually cannot be charged with treason, bribery, or a high crime or misdemeanor for creating unconstitutional laws. The same principle applies to the president, unconstitutional actions by the president are not constitutional grounds for impeachment. Oops that is a giant whole in our constitution. Our forefathers never considered an elected official so devoid of character that he would willfully and purposefully violate his Oath of Office, and abuse his power as Obama has.

There is no constitutional means of dealing with elected officials who violate their oath of office. There are no laws to punish elected officials who violate their oath of office. The presidential oath of office, doesn’t carry any legal nor constitutional ramifications. It can be ignored at will. Congress has passed clearly unconstitutional laws since repeatedly since 1787, many but not all get overturned when/if somebody sues the government.

Refusing to enforce certain laws, selectively enforcing others, and inventing new laws, are clearly violations of his oath of office. His actions clearly show distain for both the rule of law, and equal protection. As much as I hate litigation, the GOP may have accidentally come across the only way to hold a president who violates his oath of office accountable, sue him. If they can prove to the courts that they have standing, then action might be possible, maybe.

The big question is can congress show damages caused by Obama violating his oath. If they can then litigation against the president may succeed. But congress must show both standing and damages or the case will rightly get tossed out. I believe showing they have standing will be relatively easy. In as much as there is no legal requirement nor logical requirement that a president must do what congress dictates, I don’t believe they will be able to show damages.

In any case, there are clearly not grounds for impeachment. Failure to enforce a law is clearly not treason, bribery, nor a crime. Changing the law to suit his whims is also not a crime, unconstitutional and a usurpation of power but not a crime. To hold the president accountable law must be created to make it a high crime for a president to willfully and knowingly change legislation by executive order. Such a law would of course be vetoed, so to create such a law will require 2/3’s of congress to support it. Good luck with that.

I hope the suit succeeds as the alternative is that the Obama presidency has set precedent that we elect a despot with no legislative limits to his authority. I’m just as afraid that extreme republican will abuse that power as Obama has proven an extreme Democrat will.

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