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interesting new book
Posted by David Hardy · 3 November 2015 04:02 PM
On Amazon, Prof. David Berstein's (George Mason Univ. Law) new book, "Lawless: The Obama Administration's Unprecedented Assault on the Constitution and the Rule of Law." It also makes the point that the Obama Administration's actions are often predicated on questionable actions of the Bush II Administration. Bottom line: power begets, and seeks, power.
Obama, Bush II, Clinton, Bush I, Reagan, ...
IMO, the last good President was George Washington and even he screwed up picking federalists like John Marshall.
Really we have never had a truly Constitution- following government. The first Congress passed the alien and sedition acts. Somewhere I recall that many of these same folks had been saying bad things about the Leader (King) before getting to the top themselves. Shoes on the other foot!
Is Obama acting outside the Constitution any more than Lincoln?
How often do the Courts get things correct under the Constitution?
How the hell do subordinates, Congress, the President, and the Judges, have the power to define the Superior (The Constitution)? Illegitimately!
There are no inherent powers. The are no implied powers. Anyone who seriously evaluates Article I, Section 8 should easily recognize that the N&P clause adds nothing. If the current "interpretation" of the N&P is correct, then we can delete at least half of the explicit grants. I wonder why the Framers didn't recognize this and save themselves months of aggravation.
The President has about 10 powers. They are spelled out in Article II. There are no other executive powers and those listed are not simply examples. Those enumerated are EVERYTHING and not a single grant of power in Article I Section 8 or elsewhere gives Congress the authority to increase the President's powers.
Government officials should have been impeached often throughout our history in order to keep those who would usurp power in line or even out of office.
We the People have failed ourselves because we have failed to maintain control of those we elect the serve us.