A Righteous Action

by

       M. Richard Maxson

     
      The men who wrote the Constitution of the United States understood what dangers there are to the freedom of the people -- and that freedom can be quietly eroded by degrees, rather than taken all at once.

The founders would have fought such a government that attempted this with every fiber of their being -- and, in fact, they did fight such a government. Too many people today seem oblivious to such dangers. The question now is whether state governments, elected officials and the people themselves will be willing to take the measures necessary to do the same.

      What is involved are policies imposed unilaterally by the president, in defiance of Congress' authority to legislate and in contempt of the Constitution's separation of powers -- on which all our freedoms ultimately depend. The long arc of American constitutional government has bent from the monarchical principle of the colonial period to the separation of powers, and now back again to crown government and rule by a single person. While this didn’t start with Obama, he’s taken it to an entirely new level.

       It is with this in mind that The opposition has decided to file a lawsuit against the executive branch for overstepping it's authority. This action is being ridiculed by the Socialists and the narrative is being helped along by the Leftist media, But is this just politics? Apparently not, according to George Washington University law professor Jonathan Turley and Elizabeth Foley, a professor at Florida International University College of Law. This pair of respected legal scholars gave credence to House Republicans’ plan to sue President Obama for exceeding his authority in implementing the Affordable Care Act, warning that such action is needed to defend the system of checks and balances from Imperial Fascism. Turley, speaking at a GOP-led House Rule Committee hearing, said the suit, which accuses Obama of materially altering his signature health care law without a congressional vote, is necessary to restore constitutional equilibrium among the branches of government.

       The draft resolution put forward last week by House Speaker John Boehner, R-Ohio, focuses

specifically on the president changing the so-called ObamaCare employer mandate.“The Constitution states

that the president must faithfully execute the laws, and spells out that only the Legislative Branch has the power to legislate,” said Boehner, in announcing his resolution “The current president believes he has the power to make his own laws – at times even boasting about it. He has said that if Congress won’t make the laws he wants, he’ll go ahead and make them himself, and in the case of the employer mandate in his health care law, that’s exactly what he did.” Jonathan Turley, the George Washington law professor stated, “Today’s hearing is a historic step to address the growing crisis in our constitutional system -- a shifting of the balance of power … in favor of a now dominant Executive Branch,” Turley said. “The Legislative Branch has lost the most, with the rise of a type of uber-presidency. Our system is changing in a dangerous and destabilizing way. … At some point this body has to take a stand.” Elizabeth Foley, a professor at Florida International University College of Law, echoed Turley's concern, and said the suit had an "excellent chance" of succeeding.

      Constitution scholars and Constitutional law professors are stating loud and clear that the United States, our form of government, our Constitution, is in trouble. All this should be alarming to Americans. Nothing is more central to the Constitution than the idea that the centralization of political power in a single person is a threat to liberty.  The doctrine of separation of powers is supposed to prevent that. It hasn't. A full House vote on the resolution is expected this month.