A Constitutional Lawyer Talks About Obama’s Lawless Behavior

KrisAnne Hall

Will A Spineless Congress Allow More Lawlessness?

January 4, 2012

About six months ago I gave REAL reasons why Obama should be impeached. Now as part of President Obama’s fundamental transformation of America, this lawless tyrant is intent upon completely overturning one of the most fundamental characteristics of our Republic; Separation of Powers.  The checks and balances in the American system were instituted for the express purpose of combating the rise of a tyrannical and oppressive government.

Nonetheless, on December 31, 2011 Josh Earnest, White House deputy press secretary said, “the president will have a larger playing field. If that includes Congress, all the better,” But, he added, “that’s no longer a requirement.”  The president did not waste any time in thumbing his nose at the rule of law.  Just today, the President announced the “recess appointment” for the controversial Consumer Financial Protection Bureau and three new members to the National Labor Relations board.  So what is the problem?  Congress is NOT IN RECESS.  The President has made a complete end run of Congress and has violated his limitations in Separation of Powers.  But what is the big deal about Separation of Powers?

James Madison points out in Federalist 47 that“The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny.”

Our founders spent a great deal of time discussing separation of powers and believed that such separation was essential to the protection of our liberty.  The discussion of the time was not whether these branches SHOULD be separate, but to WHAT DEGREE they should be separate; the founders knowing, as Madison points out, that a separation of the three branches of government was necessary to preserve Liberty.  They all agreed that the accumulation of all powers by one person or a single group of people is the very definition of tyranny.  “Where the accumulation of power is possible, no further argument is necessary” to support a division and separation of those powers.  Madison declares: “…by so contriving the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places. “

Our Founders also believed that a certain amount “blending” of these departments was necessary to prevent one Branch from usurping power over the other.  This blending is what we know as checks and balances.  Madison understood that simply enumerating powers and identifying boundaries on paper would be an insufficient barrier “to the encroaching spirit of power.”  Liberty cannot be preserved unless you allow for departmental oversight. Madison made this point very clear:

”But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. The provision for defense must in this, as in all other cases, be made commensurate to the danger of attack. Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of government.”

The abuses of this President definitely need to be controlled.  The absolute amazing thing about this entire scenario is that a President was IMPEACHED for the very thing that our current lawless Executive is doing… Read here: Kris Anne Hall