2012-01-10

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-- America needs a new birth of freedom --

( Unconstitutional Abrogation of Advice & Consent and Suspension of Habeas Corpus )

This election year will decide whether our country remains a land of liberty. The founding principles of our republic are under attack like never before.

Today we consider
   (1) Obama's abrogation of the Constitution's Advice and Consent1 clause
   (2) and his trashing of Habeas Corpus2.

Recently, President Obama has made illegal appointments to the CFPB (Consumer Financial Protection Bureau) and the NLRB (National Labor Relations Board).

In the packet the article Obama's Tyrannical Abuse of Power3 characterizes this as an "astonishingly reckless exercise of executive authority". P

Even Timothy Noah of the liberal New Republic has voiced skepticism regarding the constitutionality of these so-called recess appointments.4

The constitutional scholar Mark Levin has described Obama's explanation to be "The forthright statement of a dictator." You might want to listen to Levin's passion on this matter. In the packet are links to the YouTube videos,
  • We Have A Constitutional Crisis On Our Hands5
  • The Road To Dictatorship Is Paved With Poisonous Language Like His (Obama's)6

Next, let us consider the trashing of Habeas Corpus.

By a Writ of Habeas Corpus detainees can seek relief from unlawful imprisonment. Article 1, Sec. 9 of the Constitution states Habeas Corpus cannot be suspended for individual American citizens. Furthermore, by Amendment 5 a citizen cannot be detained indefinitely without due process of law.

President Obama began the new year by signing into law the National Defense Authorization Act of 2012 (NDAA). A provision of the NDAA permits the indefinite detention of American citizens by the U.S. military.7

Of course, in our fight against terrorism, some curtailment of the liberties of non-citizens is necessary. But think about this - the President and the U.S. Congress have given the military extraordinary powers to detain US citizens without trial! What about Habeas Corpus and Posse Comitatus? Remember what Benjamin Franklin said: "Any society that would give up a little liberty to gain a little security will deserve neither and lose both." 8

We are losing our liberty!

Some congressional defenders have said "the power to detain citizens without charge, without evidence really isn't in the legislation".9 However, included in the packet are voices from both the Right and the Left who say otherwise:
  • From the American Thinker an article by John Griffing states the machinery put in place to thwart Islamic terrorism can now be turned against U.S. citizens.10 P

  • The liberal law professor, Jonathan Turley, has written the NDAA is an historic assault on American liberty.11 P

In closing, please read my recent post on the Patriot website.12

Make the 2012 Election a New Birth of Freedom!

Thank You

-- Peter Cooper


  1. Advice and consent
  2. Habeas corpus in the United States
  3. Obama's Tyrannical Abuse of Power
    Obama's recess appointments: The ex-law professor makes a power grab
  4. Cordray's Recess Appointment Sure Doesn't Look Constitutional To Me
  5. We Have A Constitutional Crisis On Our Hands
  6. The Road To Dictatorship Is Paved With Poisonous Language Like His (Obama's)
  7. NDAA controversy over indefinite detention
  8. Benjamin Franklin quote
  9. The Lawless Obama Regime [viz, Gohmert email to Limbaugh]
  10. The Hitman Cometh: America to be 'War Zone'
  11. The NDAA's historic assault on American liberty
  12. Make the 2012 Election a New Birth of Freedom!