President Obama’s Unconstitutional Power Grab!


 

By: Richard H. Frank

Under the Constitution the Federal Government was created with three (3) limited areas for governing:

  1. To provide for the military and national security.
  2. Diplomacy with foreign countries.
  3. Regulating interstate and international commerce.

Articles I, II and III of the Constitution enumerate the extent and limitations of powers placed on the Legislative, Executive and Judicial branches of the Federal Government.

Unquestionably, over the past 70 years, various Presidents aided by Congress and activist Judges have subverted the Constitution and over-reached the legitimate powers delegated to them under the “Supreme Law of the Land.” None, however, have gone as far as has Barack Obama to circumvent the Constitution and amass power to the executive office never intended by the framers of that document. His appointment to in excess of 25 Czars to position of authority reviling those requiring Senate confirmation is unprecedented in our country’s history.

Examining the purported function these Czars are supposed to perform brings rise to the question of, “Why these functions are not within the province of the various Cabinet Secretaries?” The answer is simple and clear. If these functions were within the scope of the Cabinet (which in reality they should be) they would be subject to Congressional oversight and the appropriations process. Additionally they would have to report to some Cabinet Secretary and not directly to the President. Obviously Obama wants no such interference from Congress and no intermediary between him and his appointee.

The Founding Fathers created constitutional safeguards against abuse of power by any branch by granting Congress legislative authority to create and fund offices when needed. Creation of such offices provided for the following safeguard controls:

  • Offices created by Congress are subject to oversight. Czars are not.
  • Such offices are included in the “Administrative Procedure Act” requiring hearings on decisions made and documentation to create a paper trail. “APA” makes government transparent. Czars are not covered by the act.
  • Appropriation rests with the Legislative branch and not the Executive. Any function must be included in Congress’s annual budget or it is not funded. Therefore, how are the Czar functions funded?

According to Ken Blackwell and Ken Klukowski, authors of “The Blueprint”, the Czars named by President Obama to positions and/or offices created at his whim or executive fiat are,”most if not all illegal.” The shadow government under Obama consists of the Car Czar, Terrorism Czar, Energy Czar, Urban Czar, Tech Czar, Pay Czar, Gitmo Czar, Green Jobs Czar, Drug Czar, Mideast Peace Czar, Autoworker Czar, Mideast Policy Czar, Climate Czar, Regulatory Czar, Economic Czar and more.

In addition, what about his appointment of Czars (Special Envoys) in lieu of Ambassadors, a position requiring Senate confirmation? Richard Holbrook (Afghanistan and Pakistan), George Mitchell (Mideast Peace) and J. Scott Gration (Sudan) are all examples where, according to Ken Blackwell, the President is guilty of violation of separation of powers and checks and balances as prescribed in the Constitution. Hillary Clinton, Secretary of State, seems to have been relegated to Obama’s third string bench when it comes to selection of Ambassadors and foreign affairs.

I marvel that no one in Congress has challenged this massive power grab as being unconstitutional and placed the brakes on Obama’s rush to neuter them of their remaining constitutional role in government.

All the Presidents’ Men, “The Czars,” are hand picked and accountable to no one other than the President. They have been strategically positioned to further Obama’s radical agenda to “fundamentally change America,” through imposition of legislation such as Health care reform, Cap and Trade, Card Check, Immigration reform, TARP, and the Stimulus coupled with nationalization of private enterprise, our natural resources, and the financial system in America. The 111th Congress will do nothing to challenge Obama and therefore “We the People” must elect representatives in the 2010 mid term election that will stand up against this unconstitutional power grab.

The imposition of any regulations or controls by these Czars lacks validity under the Constitution and should “We the People” cave to them we are abdicating our right to liberty.

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