Original Commentary by J Smithson
I am not saying, “The sky is falling,” but I am saying, that we should not have a collection of powers that can be used to accomplish what we all think is impossible. Obama is already circumventing both the Congress and the judiciary. What if he decided to ignore the elections?
Laugh if you want. When you get finished, tell me how we would stop him when we have given him all the legal powers necessary to be a dictator. (pm 11/26/11).
Original Text:
Editor's notes: understand that Obama is not a dictator, but he often functions as if he were. The problem? Certainly it is Obama but more than that, it is the system of presidential powers that has been allowed to increase over the years. Among the first order of business with the 113th Congress (taking office on January 20th, 2013) should be a review and revision of presidential authority. If the reader has suggestions or criticisms, please address your thoughts to midknightmail1@aol.com
1. Czars: If the appointment of "czars" is allowed to continue, the number and job description must be authorized by [at least] the Senate. As it stands, now, Obama has nearly 50 czars, folks appointed by him and without Congressional approval. As "czars," they are considered to be presidential staff and are not subject to subpoena or Congressional review at any level. Each czar has its own staff, offices and budgets. Collectively, the 50 czars constitute a "government within our government." Under the Obama Administration, czars are being used to circumvent the controls of the legislative branch and exist in utter disregard for Constitutional protections. In the case of the "pay czar," for example, we have an administrator not elected by the people, not approved or vetted in any way by Congress, not subject to subpoena power, reviewing and restricting executive pay for private business. There is no appeal for decisions made by this person. He is -- in every respect -- a dictator.
2. Executive Order: the fact that it is entirely possible, apparently and according to recent news reporting, for Obama to give amnesty to 12 million illegal aliens is evidence of a president who is out of control. We need to limit executive order and use the threat of impeachment when those rules are violated. Because of Obama, we now know that a true "dictatorship" is possible via a creative president using the powers that are already delegated to him. Executive orders can only be changed by other presidents. The Congress has no power to review and/or refuse specific decisions made under this provision of power. 65% of all the land in Alaska is Federal land, all by "executive order," none of which can be reviewed by anyone other than another president. Idiocy. . . . . . . . continue reading
Continuing reading here . . . . . . . . .Fact: The executive powers given to the office of the "president" (and discussed below) combined with the complicity of a Marxist oriented free press and the regulatory powers of Federal agencies such as the EPA, the FCC, the FTC, the ATF and NEA, all under the sole control of any sitting president, when taken together, provide an evil man or one who wants to fundamentally transform the United States of America, the ability to serve as a dictator.
3. Presidential time in office: the two term limit for a sitting president is the result of the 22nd amendment to the Constitution -- making it much more difficult for a dictator minded individual to become just that, a long term dictator. Congress needs to review this amendment with a view of ensuring its continuation. There must never be a short-circuited legislative reversal to this amendment.
The socialist, FDR, was elected to four presidential terms - the only president in American history to serve more than two terms. With all the talk of how the American people loved this guy, it is curious that immediately after his time in office, the 22nd amendment was proposed, passed and ratified by the several states - a process that took 4 years (1947 to February of 1951) .
4. Proof of Citizenship: since the free press has abdicated it's self-appoint responsibility to fully vett presidential candidates, the qualifying issues of age and citizenship should become a matter of a mandated, evidential procedure of some sort. When folks asking for proof of age or citizenship are regarded as "wacko's," it is time for Congressional mandates on the issue.
5. "Treason" needs to be defined and enforced or officially disregarded.
6. GITMO needs to be continued and modified to meet current practical and populace demands. The detention center cannot be closed. From time to time, we will capture foreign enemies, hell-bent on killing Americans, who cannot be tried in a civilian court of law for reasons of national security. Understand that the Supreme Court allows for such a circumstance. We need to aggressively pursue a revitalization of the use of GITMO or a similar institution.
7. Powers of a Lame Duck Congress: under no circumstance should a lame duck congress be allowed to legislate new laws introduced after mid-term and presidential elections. If particular issues have not be formally introduced into the legislative debate well before a congressional/presidential election, they should not be allowed to be presented in the time following those elections and the last day of that congresses activities (January 19th following the specific election. The work of a lame duck Congress should be limited to the completion of legislation already introduced. If nothing else, all legislation introduced and/or passed by a lame duck congress must be reviewed and ratified by the new congress. Understand that we have a "new congress" every two years.
8. 5 Day review: all written legislation must be posted to the Internet for at least 5 working days (not including the weekends). If our politicians refuse to read the laws they pass, certainly the people those laws will govern should.
9. "Reconciliation" -- the rules for reconciliation need to be redrafted to insure its limited use - for budgetary matters only and to the original bill in question. Understand that "reconciliation" is a process used in the Senate, to add financial considerations to legislation already written and approved. The provision was never designed to side step Senate procedure in the passage of legislation. A simple "majority" vote of 50 plus 1 is used to complete financial concerns and "reconcile" them to previously passed legislation. Legislative process, by contrast, requires a 60 vote majority, to end floor discussion in the Senate. In the first term of Obama, that congress (the 111th) considered using "reconciliation" and its 50 vote majority, to pass "Cap and Trade." It did not happen, but it could have. That possiblity must be changed.
10. Filibuster Rule: without this procedure, the minority party has little to no power in the Senate. The Dems complain about this procedure when they are in "power," , but love the filibuster when they are the minority party. Understand that without the filibuster, the majority party in the Senate can pass any of its legislative agenda with just 51 votes instead of the current requirement of 60 votes. Also, understand that we do not need to make controversial legislation any easier to pass.
11. "Deemed to have passed" -- this is a rule in the House that allows a bill to be declared as "deemed to have past" without the House actually voting on the bill. This needs to be taken down. It is an issue, today, because of the Dems refusal to committee, debate and vote on a fiscal budget for 2010/2011. Instead, they have opted for passing a spending bill offered IN THE PLACE OF A BUDGET under the rule of "deemed to have passed." No vote is taken. Bills in Congress can be passed without anyone reading the legislation or actually voting on the bill. Absurd.
12. Repeal of the Wealth Tax: a tax of 1.8 % (soon to be 25% or more) of the estimated worth of all the assests of those deemed as "wealthy." Understand that the highest tax bracket will rise from 35 % to 39% federal, 10% on average in many states, and now, a summary tax on on thier accumulated worth. Remember the good old days when we talked against "double taxation ?" When exactly did that bit of rhetoric go down the drain?
13. Privacy of voter information: it is clear with the Obama crowd that if voter registration information including names and addresses continues as "public information," it would be used to 'harass' the dissenting voter. This information needs to be protected information for the same reason the ballot should remain a "secret" ballot.
14. Limit or eliminate Federal agencies such as the EPA, FEC, FTC and the FCC, preventing them from expanding or originating federal law without said revisions being provided by the Congress of the United States. An example of regulatory excess is found in this story: http://www.thedailytimes.com/article/20100721/BIZ/100729990 In this story, we have the EPA accomplishing the environmental will of the Obama Administration. Nothing having the force of law and limiting our citizenry should be allowed apart from the specific approval of Congress. Not enough time? That cannot be an excuse. If the Congress does not have time to deal with all the legislation is wants to pass, it should be forced to deal with such legislative concerns at a later date. It (the Congress) should not be allowed to transfer its legislative duties to agencies and bureaucrats who are elected by the people and over which, there are no legislative controls.
15. Sanctuary cities: these are illegally maintained havens for illegal immigrants. Each "sanctuary city" in the United States is in violation of Federal law and should have Federal funds immediately with drawn. I am not aware of when this practice began, but it certainly was allowed to continue under the George Bush (43) Administration. Presently, there are well over 24 sanctuary cities.
16. Legislate a refusal to Federally fund private news media. The 111th Congress, wholly controlled by Democrats in both Houses, considered funding "aid" to struggling news papers such as the NY Times and the Washington Post. This did not happen, but had this effort become law, it would have amounted to a state run media source. Let's never forget what a Democrat controlled Congress was capable of doing.
17. Revisions to the July 2010 FinReg Reform law need to include opening up the SEC to "freedom of information" requests and Congressional review demands. Note that we do not call for a complete repeal of Frank/Dodd. We can find few conservative economists who are calling from a complete repeal. But, current law does not allow for compliance to freedom of information requests or Congressional review of this (Security and Exchange Commission) agency. In the simplest of terminology, I am saying that the Security and Exchange Commission is not bound by or limited in any way with regard to the "freedom of information" act. That needs to change.
18. The Federal Exchange: this central bank needs 5 year audits [at least] under the purvey of the Senate Finance Comm
ittee. NO MORE SECRECY for this private organization in charge of our national well being. It is a banking institution, not a "for profit" entity. Someone needs to let these folks know this. Congress needs to know what is going on with the "people's money." Currently, it does not know, nor is it allowed to know. Note: I do not advocate the abolishment of the Federal Exchange, although that might be a good idea. Ben Bernake is the current head of the Federal Reserve. Understand that this our central bank. All matters of national finance runs through the Central Bank. Bernake shutters at the thought of a group of politicians having access to what the Bank is doing, via the audit process. My concern has to do with the potential alliance a dictator-type governance and the single person in charge of the Bank with its unkown financial powers. The complications and inefficiencies of the political process is a small price to pay for transparency and freedom. Freedom is not possible when transparency is denied.
ittee. NO MORE SECRECY for this private organization in charge of our national well being. It is a banking institution, not a "for profit" entity. Someone needs to let these folks know this. Congress needs to know what is going on with the "people's money." Currently, it does not know, nor is it allowed to know. Note: I do not advocate the abolishment of the Federal Exchange, although that might be a good idea. Ben Bernake is the current head of the Federal Reserve. Understand that this our central bank. All matters of national finance runs through the Central Bank. Bernake shutters at the thought of a group of politicians having access to what the Bank is doing, via the audit process. My concern has to do with the potential alliance a dictator-type governance and the single person in charge of the Bank with its unkown financial powers. The complications and inefficiencies of the political process is a small price to pay for transparency and freedom. Freedom is not possible when transparency is denied. 19. Repeal 1099 rule in FinReg: as if the IRS does not have enough to do, they will have to check out 1099's written for supplies of fuel and product of $600 or more - adding $17 billion in accounting costs to business and thousands to the IRS employment roles. The cost of this law far out weighs any good that might come of its implementation. Note: this repeal was done in 2010. -- This provision was taken down in 2010.
20. The pay czar, under the Obama Administration, needs to be legislatively abandoned. Specifically, I am talking about the powers of the pay czar. In the case of the "pay czar," we have an administrator not elected by the people, not approved or vetted in any way by Congress, not subject to subpoena power, reviewing and restricting executive pay for private business. There is no appeal for his decisions. He is -- in every respect -- a dictator. (Note: "czars " are regarded as presidential staff and are protected from being forced to testify to anyone via subpoena.). Understand that direct control over the CEO's of this nation is fixed in the newly "acquired" powers of the presidency through the misuse of this czar. It is the president of the United States telling DEO's what they are allowed to earn, in terms of salary and benefits. I call that an act of dictatorial powers.
21. Permanent repeal of the Estate Tax, commonly known as the "death tax." The tax typically raises 23 billion per year, equal to the total cost of "earmark" add-ons. This tax is immoral on its face. Understand that individuals and corporate entities effected by this tax cannot pass on their businesses, property, homes and farms to family and friends without paying a huge penalty at the time of their death. They have been taxpayers all their lives and, in the end, this country and, especially, the Democrat Party, rape them shortly after their funeral(s). This is wealth redistribution and nothing more. One in ten commercial farms will be hit by this tax, effecting nearly a million new jobs. For example, if a farm is worth 3 million dollars, under the new regulations, two million will be taxed at the rate of 55%. In this scenario, your Dad dies and leaves you the farm. Suddenly, you owe the stinking government 1,1 million dollars !!
22. The NLRB - The National Relations Labor Board needs to be gone, period. The NLRB is a controlling aspect of today's national governance but only represents union interests. The recent decision on the part of the NLRB in the case of the union vs Boeing in South Carolina is unAmerican and traitorous to our system of free enterprise.
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End notes: EPA - Environmental Protection Agency; FCC = Federal Communications Commission; FTC = Federal Trade Commission; NEA = National Education Agency; FEC = Federal Energy Commission; SEC = Security and Exchange Commission.
From Yahoo: "In a stealth maneuver, President Bush has signed into law a provision which, according to Senator Patrick Leahy (D-Vermont), will actually encourage the President to declare federal martial law.
"President Bush seized this unprecedented power on the very same day that he signed the equally odious Military Commissions Act of 2006. In a sense, the two laws complement one another. One allows for torture and detention abroad, while the other seeks to enforce acquiescence at home, preparing to order the military onto the streets of America. "It does so by revising the Insurrection Act, a set of laws that limits the President's ability to deploy troops within the United States. "
The law can deploy National Guardsmen against "disorderly" citizenry - protesters, possibly, or those who object to forced vaccinations and quarantines in the event of a bio-terror event.
"President Bush seized this unprecedented power on the very same day that he signed the equally odious Military Commissions Act of 2006. In a sense, the two laws complement one another. One allows for torture and detention abroad, while the other seeks to enforce acquiescence at home, preparing to order the military onto the streets of America. "It does so by revising the Insurrection Act, a set of laws that limits the President's ability to deploy troops within the United States. "
The law can deploy National Guardsmen against "disorderly" citizenry - protesters, possibly, or those who object to forced vaccinations and quarantines in the event of a bio-terror event.
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