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,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: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