Obama’s Agends is America’s Tsunami!

By: Richard H. Frank

 Over the past four years, beginning with the Presidential Campaign for the 2008 election we have listened to both political parties proclaim that the economy and job creation was the number one priority for their administration should they be elected. The American public was forced to listen to the hollow promises of “Hope and Change” that would fundamentally change America and the world should Obama’s liberal progressive agenda be adopted. Since that time (2009) what have we endured as a nation?

  • Average retail price of gasoline has increased 100% from $1.83 in 2009 to $3.66 today.
  • Crude Oil price/barrel increased 135% and we still lack a cohesive energy policy.
  • Unemployment rate continues to hover between 9 and 10% even with the government’s alteration in the method for calculating the number.
  • Number of food stamp recipients increased by 22% and rising.
  • Number of long term underemployed 146.2% increase.
  • Government’s solution to spend our way to recovery has increased the national debt by 32.2% to reach $14.0 trillion.
  • Over 6 million homes currently in foreclosure in spite or TARP monies given to the banks to implement mortgage loan modification programs.
  • Our health care industry costs continuing the upward spiral out of control due to the liberal progressives ramming the unpopular legislation dubbed “Obama care” down the throats of Americans over their overwhelming objections.

The travesty to all of these situations is that they are the result of our Federal Government overstepping the enumerated powers defined in our Constitution. The first 5 items listed above could be immediately impacted and reversed if the Federal Government and its agencies would get out of the way of the free enterprise system and develop a comprehensive energy policy for America that does not change with every congressional and presidential election. Energy independence for America will result in establishing a free market price for oil and not that controlled by Mideast cartels.

The $816 billion that was spent on stimulus by the Administration and the 111th Congress accomplished just one thing. That was to create a 2% increase in government sector jobs; jobs which must be paid for with the sweat of those Americans working in the private sector.

Today, the announcement was made that the housing market reached its lowest level in the past 9 years. The resulting loss in equity to those seniors that have invested in their homes while raising their families in order to provide for a return after retirement find themselves facing a future without an equity nest-egg with which to supplement retirement and in many cases foreclosure as the banks refuse to respond to their request for loan modifications.

Lastly, we now are finding out what is in the “Affordable Health Care Law” forced upon every American as part of the “Hope and Change” agenda of this administration. Each and every argument set forth in opposition to this law is now proving to be true. Twenty-six states are suing the Federal Government for the law either being unconstitutional or for its violation of the 10th Amendment provision upholding States sovergnity.

The mid-term elections of 2010 expressed the will of the people against continued uncontrolled spending and limiting the size of the Federal Government. Yet, just four short months following that election, Congress and the President, act as though the election never took place and are conducting business as usual.  There are 31% of Americans that approve of the Presidents management of our economy. The remaining 69% are tired of his unending platitudes and proclamations that jobs and the economy are his number one priority and that we must stop spending when he continues to proceed without a budget for 2011 and has the nerve to present a $3.7 trillion proposal to Congress for 2012 that contains an additional $1.6 trillion deficit.

If stupidity, or doubletalk, could be considered a high crime or misdemeanor we would have cause to remove this unqualified novice from office. Unfortunately, we must rely upon the 112th Congress to keep him in check.  Many will say that we are destined for gridlock as long as Harry Reid sets the agenda in the Senate. I would gladly endure the next two years of gridlock until we can replaced Obama, Reid, Pelosi and RINOs who refuse to take the hard decisions to address the budget and unsustainable entitlements that have bankrupted this once great nation, and elect men of principle to put America on a course to true recovery.

The Office of the Presidency and “High Crimes and Misdemeanors”

By: Richard H. Frank

The growth of our Federal Government and the usurpation of power by the Executive branch in recent years have approximated the Founders definition of “high crimes and misdemeanors.” Today the public equates the charge to treason, bribery and perjury committed by the President of the United States as high crimes. The Founders reasoned that holders of government office should be held to a higher standard and the real motivation for their inclusion of these terms in Article II Section 4 of the Constitution went far beyond that which would be applied under the law to ordinary citizens. The term “high” referred to those holding “high office” and not the level of the crime in itself. Their understanding of the term “perjury” related to not just lying under oath when giving testimony, but failing to uphold his or her oath of office to which they are elected or appointed.

Article II Section I Clause 8 of the Constitution requires the President to “solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United states.” He is bound by this oath in ALL MATTERS until he leaves office. The Constitution is the supreme law of the land and to be upheld in ALL MATTERS not when it is politically advantageous to do so and ignore when it suits some political ideology or agenda.

In the view of our Founders Congressional members, Presidents and Federal Jurists have all violated their oath of office during recent administrations, and are rarely if ever called to account for their actions. They have committed “high crimes and misdemeanors” in the guise of executive orders or fiat, allowing appointment of Czars, and legislating from the bench. They are guilty of violation of separation of powers and imposition of law through bureaucratic rules and regulations without regard to legislative action.

Any public statement is perjury if it is a lie, and not necessary to deceive the enemy if it involves national security according to John Roland of the Constitution Society in his article entitled “Meaning of High Crimes and Misdemeanors.” Any candidate for high office may make untrue statements during his campaign, but must tread lightly once elected to such office when making claims to further his agenda. A case in point are the many statements made by President Obama regarding the Affordable Health Care legislation recently signed into law which have now been proven to be untrue.

What is even more troubling is the President’s failure, along with the Secretary of Homeland Security, to control the southern border between Mexico and the United States. This is a blatant disregard of their oath of office and presents a material breach of the law that is sufficient to call for impeachment proceedings. Failure to act and uphold the law is no defense against the charge and should be dealt with by the Senate immediately. The President is not immune to prosecution for failure of another government official from performing their Constitutional duty. He by virtue of his office is responsible to see that his appointees uphold the law. He is legally responsible for everything that anyone in the executive branch is doing or not doing to discharge the responsibility of their office. His failure to take action to uphold the law makes him equally guilty of “high crimes and misdemeanors” as envisioned by our Founding Fathers.

If we continue to allow the elected officials in our government, regardless of what branch they function within, to violate their solemn oath we will contribute to the ultimate destruction and elimination of our Constitution. Start now and hold our Federal Government accountable to the true sovereigns “We the People” for upholding their oath of office and not continuing to govern against the will of the electorate.

Remember, “When the people fear the government we have tyranny.” “When the government fears the people we have liberty.” Let liberty prevail!

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.

Why Americans MUST change this Abusive Government!

by Richard H. Frank

In the period between February 25 and March 21, 2010, America witnessed Government at its worst.  The Presidential health care dog and pony show, touted by Obama supporters as his attempt for bi-partisanship and transparency, was a sham in that none of the Republican initiatives are included in the reconciliation bill language.  Because of public outrage against the Democrats’ attempt to pass the bill without a vote, or the “Slaughter deem and pass” process, Nancy Pelosi was forced to resort to bribes and pressure tactics in order to secure the votes to pass the bill.

Bart Stupak and his pro-life Democrat Caucus caved to pressure of the Party and now contends that a promised “Executive Order” has set their fears to rest.  If you had the intestinal fortitude to watch C-Span on Sunday, the lies concerning insurance premium cost reductions, job creation and deficit reduction were glaringly apparent.

Paul Ryan’s presentation of the real costs of Obamacare were completely ignored during the debate since the Democrats could not refute his analysis.  With each passing day the public will become acutely aware of the special deals cut by the Obama White House and the pharmaceutical companies, the unions and specific states in order to obtain their endorsement.  Drug companies are protected against their brand name products from having to compete with generic products.  The importation of drugs from outside the United States is also banned unless they are registered with our health care bureaucrats. Costs to the consumer must rise as competition has been virtually eliminated by this Bill.

The CBO has once again been co-opted into presenting an analysis based on false assumptions.  Even the CBO has attempted to couch their analysis as being “preliminary” and wholly dependent upon Medicare cuts, double counting some revenue streams and/or spending the same dollar twice and an unlikely growth in GDP based on today’s economic conditions in America.

The real travesty was eloquently summed up by the House Minority Leader John Boehner when he stated that the House of Representatives had betrayed their constituents.  The process being used to orchestrate the outcome desired by the White House brought shame on the institution of “The House of Representatives.”

The integrity of our elected representatives in Congress has been put to the test and those that have voted for this legislation have failed the test.  Nancy Pelosi invoked the Declaration of Independence in her closing remarks for the debate.  She asserted incorrectly  that the right to health insurance equated to that of “Life, Liberty and the Pursuit of Happiness.”  Speaker Pelosi, let me remind you of some other pertinent quotations from the Declaration of Independence:

“Governments are instituted among men, deriving their just power from the consent of the governed.”   You will find you no longer have our consent.

“That whenever any form of Government becomes destructive of these ends, it  is the right of the People to alter or to abolish it, and institute a new Government…”  Ms. Pelosi, prepare to be replaced!

“But when a long train of abuses and usurpations, presuming invariably the same object evinces a design to reduce them under absolute despotism, it is their right, it is their duty, to throw off such Government, and to provide new guards for their future security.”  Obama’s pledge to fundamentally change America is an affront to our Constitution and the Declaration of Independence.

Nancy Pelosi and the liberal progressives blindly supporting Obama’s agenda must, and will be overcome in the 2010 Congressional Elections.  “We the People” are the ultimate sovereigns according to our Constitution and must exercise our right to change this abusive Government.

The Declaration of Independence and our Constitution provide all the tools to fight and their preservation is the reason  why we must continue the fight against statism.!

Barack Obama’s Betrayal to His Oath to “Protect and Defend the Constitution”of the United States of America

By: Richard H. Frank

President Obama said that he wanted to “fundamentally change the United States of America”. Today during an interview on Fox News the President arrogantly interrupted Bret Baier and stated he didn’t care about the process used by Congress to pass health care reform. Apparently, the elite Constitutional professor, now our President, Barack Obama, never read Article I section 7 of the document. The process DOES matter, Mr. President, and you are a hypocrite to say it doesn’t matter. You are betraying your oath to the Constitution. What will it take before America sees you for the Marxist you really are?

Representative Republic my rear end! You and the 111th congress have turned our Republic into a mockery. Assuming the rule of law still exists in this country a nationwide rebellion will rise up and challenge the constitutionality of this legislative process and the legislation itself. ”We the People” will only be pushed so far before we push back. Should you sign this onerous legislation into law if passed by any process other than that prescribed in the Constitution the people will neuter your presidency in the 2010 election.

The President contends that this legislation is deficit neutral, when by all logic and any measure it cannot reduce the deficit and will increase taxes for all Americans. He was frustrated by questions being asked about the unconstitutional process being contemplated by congress to pass this bill and was unable to address what the bill did contain. He allowed it to slip that the bill when passed would eventually impact one sixth of the economy over time in a manner that would not be disruptive to the country. What planet does Obama live on anyway?

Seventy percent of Americans oppose this legislation and yet the President insists if passed it will assure that the “mythical Medicare Trust fund” will be strengthened by $500 Billion in cuts over time.  Who does he think he is kidding? He didn’t answer a single tough question during the Fox interview but stumbled and stammered, reverted to doubletalk and finally fell back on his rhetoric that “It is the right thing to do”. Once again we saw arrogance and hypocrisy on display by President Obama.

The Constitution in Crisis!

Richard H. Frank

This week the legislative process in Congress will reach an historical low point as the Democrat-controlled House attempts to steam roller the Constitution and ram their ill-conceived health care reform bill to approval using whatever means necessary to achieve victory. Manipulation of Parliamentary Rules, bribes and threats all combine to expose the corruption at work in both Houses of Congress.  Should “We the People” allow these unconstitutional tactics to be employed, we will have no one to blame but ourselves for loss of liberty and the eventual demise of our Republic.

The legislation which will undoubtedly reach Obama’s desk to be signed into law is opposed by so many Americans that 34 state legislatures are contemplating passage of state law exempting them from recognizing the Bill.  It is time for the legislatures in all  50 states to exercise their 10th Amendment Rights and challenge this unprecedented power grab by the Obama Administration and the 111th Congress.

The Democratic majority’s strategy in the House of Representatives to force acceptance of the Senate Bill and the Reconciliation Fix through various versions of the “Slaughter Solution” is in direct violation of Article I, Sec. 7 of the Constitution.  Any attempt to invoke this measure should result in the immediate impeachment and removal of the House Leadership.  Lacking action by Congress, the states must exercise their constitutional duty to challenge these tactics and force the Federal Courts to stay any further action on the legislation while it is referred to the Supreme Court to determine the constitutionality of the legislative process and provisions of the Bill itself.

Nancy Pelosi and the Congressional leadership are content to replace our Constitution which they have sworn to uphold, with Saul Alinsky’s “Rules for Radicals.”  Since they don’t like the rules they will just change the rules.  This fight is no longer about “health care reform.”  It is about preserving the Constitution of the United States of America.

Our Constitution must be held sacred as the “law of the land” transcending any political party, Congress and/or President.  No individual or entity, save our Creator, should have province over the Constitution.  The document contains within itself the means for Amendment and therefore, any and all attempts to circumvent that process must be stopped!

“We the People” of America must take a stand here and now to “protect and preserve” our Constitution whenever and wherever threatened even by those we have elected to represent us.  Demand that Congress abide by their limits on power, and should they not, challenge them through the Judiciary to stop abusing their authority.

Congress and the Constitution

By: Richard H. Frank

Notwithstanding President Obama’s assertion that our Constitution is a list of negative controls over our Federal government, Congress should revisit Article I section 8 and article II section 2 of the document and take action to clean up many of the past abuses and usurpations to return us to a true representative republic. One or possibly two simple pieces of legislation enacted by Congress could go a long way to correcting past abuses and usurpation of authority by government agencies and the executive branch.

First, a bill should be introduced specifically limiting any and all government agencies from imposing restrictions and/or regulations not enumerated in the original legislation authorizing such agencies. This legislation must be made retroactive to the date any and all agencies were originally established. Any restrictions and regulations not specifically enumerated in the original authorizing legislation shall be rescinded.

Next, a bill should be introduced strictly limiting the power of the President to issue any executive order not directly affecting the “national defense” or “national security”. Under no circumstances will the executive branch usurp Congress or the Judiciary powers through  an executive order. Additionally, any such executive orders currently in effect not dealing with ‘national defense” or “national security” will be null and void under limits imposed by the Constitution in Article II section 2.

These two simple pieces of legislation will go a long way in returning government to the Founders’ vision of balance between the separate but equal branches at the Federal level, and the relative position of power for the states enumerated in the 10th amendment.

The real task rests with finding representatives in Congress possessing the integrity and leadership to sponsor such legislation. Where are the re-founders that this nation so desperately needs? I challenge Congress to take a stand in defense of the Constitution that they have sworn to protect and defend by sponsoring legislation that accomplishes the aforementioned positions.