The Impending Constitutional Crisis Between Obama And Congress

Sal Bommarito

The paralysis in Washington may result in dangerous constitutional confrontations in the coming months. Ever since the Democrats lost their filibuster-proof majority in the Senate (and then the majority in the House), Republicans have stymied most major initiatives by the president, a great source of frustration for him. The mid-term elections will only make the situation more stressful.

Our government has not been able to do its business in recent years. If the Senate falls to the Republicans, the schism between the warring political factions will become more contentious.

On a number of occasions, the president has said he will issue executive orders to achieve his agenda. In essence, the executive branch intends to move ahead without concurrence of Congress, if Congress is not able to pass any substantive laws.

An executive branch that usurps power and creates laws without legislative concurrence is an autocracy, a dictatorship if you will. The president’s rationale for these moves is: if Congress cannot do the business of the people, he will go it alone.

The Constitution specifically mandates that Congress enact laws. There is “no specific provision that explicitly permits executive orders, in lieu of laws.” However, presidents have used the following constitutional comment about the president: “take care that the Laws be faithfully executed” as the basis of issuing orders and bypassing Congress. Frequently, executive orders are issued in conjunction with laws enacted by Congress and in times of national distress, ie., wars, economic strife and the like. Very few of these orders have been contested.

If President Obama issues orders that are deemed unconstitutional by the Supreme Court and/or Congress, action by these entities is possible. The Supreme Court can rule that an executive order is unconstitutional. A more drastic step would be impeachment proceedings against the president by the House.

Two issues are creating significant distress in Congress, and with it talk of impeachment. The first one relates to acts of war, which may not be made without congressional approval. The Wall Street Journal reports that “limited airstrikes last week aimed at slowing the advance of militants from the Islamic State toward the Kurdish city of Erbil. . . [resulted in] complaints [from Congress] that [President Obama] had usurped the power to declare war that Congress claims as its own.” Briefly, Congress wants the president to clear the use of troops with it . As an aside, Speaker John Boehner may sue the president over these “unilateral actions.” The president indicated that he was acting properly based upon the 1973 War Powers Resolution, which requires the president to report the deployment of troops within 60 days. The ultimate hammer of Congress would be impeachment proceedings.

The other issue that has stoked impeachment talk relates to immigration, specifically the mass, illegal migration of aliens from Mexico and Central America into the U.S. If the president were to issue an executive order making all illegal aliens in the U.S. citizens, a truly outrageous and dubious move, it is highly likely that Congress would move to protect its power. However, a smaller order such as declaring all children who recently entered the U.S. citizens could evoke a congressional response.

The naysayers would argue that the Republicans would not risk another embarrassing impeachment because it would hurt them politically. Or, why impeach when the Senate will not convict? The response to these perspectives is that many congressmen and congresswomen would move to protect Congress from a “despotic” action that would minimize their power and responsibly. In other words, the institution’s power and constitutional responsibilities may trump political affiliation.

Much of the above is speculation about how the executive and legislative branch might act on two important situations. Nevertheless, the opposing parties are pushing very hard, and they are endangering our Republic.

The Clintons And The Obamas Fight For Control Of The Democratic Agenda

By Sal Bommarito

Game on. The battle for the control of the Democratic Party is in full throttle. How delicious, the Clintons vs. the Obamas for all the marbles. Which wife will become the first female president?

Most astute Americans know that the two families have been at each other since the 2008 election. A nobody, named Barack Obama stole the presidential election from Hillary (and Bill). The country was so enamored with political correctness that it chose a person with no experience over the wife of a former president.

It was great political intrigue until the guy we picked started to make a whole slew of mistakes. And now, the electorate has buyer’s remorse. I often hear “I wish I voted for Hillary in the 2008 primaries.” Yet, the president believes that he has put America on a more righteous path, and he wants someone to replace him in 2016 that will carry his torch and support his ideology. Is Hillary that person? No way. The differences between Barack and Hillary are stark and make one query why the president chose Hillary as Secretary of State in the first place. It was not a great decision based upon Hillary’s achievements (minimal) and her support of Barack after her retirement.

Before the election that Hillary was supposed to run away with, the Obamas won the hearts of many people who were supposed to be loyal to the Clintons, among the most famous were Teddy and Caroline Kennedy. Bill Clinton must have been apoplectic when the Kennedy’s spurned his wife; he thought there was an understanding. Many others also jumped on the Obama bandwagon; Edward Klein’s new book titled Blood Feud should be consulted for a complete list of the turncoats that abandoned the Clintons. This time around, Bill is not going to sit by idly. He will do everything he can to ensure his wife will be the next president (and he will be her co-president).

The fact is that every candidate must openly disparage Barack’s legacy in 2016 to have any chance of winning. Voters, for the most part (based upon current polls), think Barack is not doing a good job and they want him gone. So, if any Democrat says otherwise to solicit Barack’s endorsement, he or she will be ridiculed and cast aside.

Hillary knows that Barack is radioactive, so she needed to start to bad-mouth the president sooner or later. She began her campaign to distance herself from Barack over the past couple of weeks because her new book campaign has been disappointing, and she has not performed well in interviews, even with supporters like Steven Colbert. The first volley was an interview with The Atlantic in which Hillary dealt with Obama’s decision not to be more supportive of the Syrian rebels; doing so might have “prevent[ed] the fighting from spreading to Iraq.” And also, in the same interview, Hillary criticized Barack’s comment about not doing “stupid stuff,” not a particularly sophisticated foreign policy perspective.

In classic Clintonesque style, Hillary later called Barack to say that her comments were not intended “to attack him, his policies or his leadership.” Yeah, right! The Clintons like to bash people, send a message and then they say they are sorry. Of course, Barack is aware of this ploy, and no matter what he said in response to Hillary, I am sure he does not believe her and resents her even more today than yesterday.

This incident is not a good sign for American politics going into the 2014 elections and the general election two years later. Gamesmanship, deceit, untrue advertisement in the media and by word of mouth will overwhelm the electorate. And, I have not even mentioned the Republican campaign machine.

Millennials Will Save Our Country

In my last post, “Our Children Are At Great Risk From Recent World Events,” I presented a dark assessment of the current state of affairs. The overall conclusion of the piece was that the next generation of Americans would not be as fortunate as the current one. I discussed nuclear threats, paralysis in Washington, disease, economic malaise and religious fanaticism, all distressing phenomena in the minds of most.

 

The people who commented on the post agreed that times are tough and attaining happiness prospectively will not be easy. But, they were upbeat about the next generation’s ability to respond to forthcoming challenges.

 

Upon reflection, I wanted to indicate that I am in tune with this more optimistic worldview. American’s “can do” spirit will enable our country to recover and prosper as it has done repeatedly in the past.

 

As I look back to earlier days, I vividly recall the frustration and fear that influenced the lives of most young men who turned 18 as the Vietnam War raged on. Frankly, my peers and I believed that there was a high probability that we would be drafted into military service and die a violent death in a far-off land. And so, we protested and developed a live for today philosophy. Many lives were lost in that horrible confrontation. Yet, America did recover.

 

The civil rights movement was in full throttle during the same era. Peaceful demonstrations by African Americans, led by Martin Luther King, Jr. and his disciples, were assailed with fire hoses, beatings and attack dogs. There is still a lot of work to be done racially, but progress has been made.

 

In the past, women stayed at home, raised the kids and cooked meals. When they did venture into the workplace they were underpaid relative to their male counterparts. Females have made up a lot of ground over the last half-century, as many now work alongside their spouses. Equal pay is around the corner, and the glass ceiling is broken every day.

 

And finally, gay couples are on the verge of receiving the rights and benefits that accrue to traditional families after a long and hard fought battle. True equality is close, and in a short period of time, every person in America will be able to select a partner without any retaliation, restriction or prejudice.

 

Millennials are on deck to assume the leadership of America. It has been difficult for them to find jobs, move out of their parents’ homes, pay off their student debt and start families. Much of their angst correlates to economic conditions. Deep down, we know America is resilient, and it will rebound from the Great Recession.

 

The Millennials will have to contend with a plethora of issues that arose after 9/11. Some were not old enough to appreciate the enormity of that horrible event, but it continues to affect all Americans and peace-loving people around the world. A derivative impact of the attack has been an ongoing debate about civil liberties, an area in which Millennials have take a lead role. Do Americans want more liberty or more security? You cannot have both, so priorities must be established. The debate about privacy is becoming more contentious every day.

 

Another issue that has become more controversial is the impact of social media on our daily lives. My observation is that we all have gone too far in our desire to be connected every minute of every day. Yet, this connection is not physical or even face-to-face; it is through devices. Young people, in particular, are lost in the “cloud” and glued to computer screens and iPhones. They say that social media has made them more “social.” I say ten close friends are more valuable than 200 people who have befriended you on Facebook.

 

The Internet has made young people more introverted. They whine about injustice in their texts. They go to war on the Internet with people they do not like. It’s like a virtual world. Problems are better resolved in the old fashioned way- sitting around a conference table. Does anyone really believe the Israeli/Palestinian conflict or the humanitarian tragedies we witness every day can be rectified with text messages and twitters? Not I.

 

The time is drawing close when Millennials must stop complaining and start taking action with their newfound responsibilities, authority and political clout. They will marry, have high paying jobs and lead our government and major corporations. No longer will this group be protesting; they will be implementing change and rectifying the problems created by their predecessors. And, I am sure they will bring glory back to America with their intellect, perseverance and creativity.

Our Children Are At Great Risk From Recent World Events

America’s next generation will not be more secure than their parents. The future will be less peaceful and prosperous based upon current events. Unfortunately, too many explosive problems are lurking on the horizon.

 

The nuclear standoff with Iran and North Korea are far different than the U.S./Soviet Union Cold War. “Mutual assured destruction” prevented escalation of tensions in the years after World War II. Consider the Cuban Missile Crisis. Nikita Khrushchev, the powerful and confident Soviet leader, backed down when challenged by John F. Kennedy, thereby avoiding a potential nuclear confrontation. In those days, cooler heads prevailed.

 

A nuclear holocaust is the greatest threat to mankind because the devastation from a relatively minor event would still be catastrophic. And, a regional war could expand rapidly into a world-wide conflict. For some reason, many are not distraught about Iran developing a nuclear weapon. And, China is in no hurry to close down North Korea’s nuclear program even though it is situated close to the madman who leads North Korea. Why should we trust either country with devices that could materially harm humanity, or worse, lead to its destruction? Do we (the international community of nations) believe neither of these rogue and violent nations will use a nuke because they are afraid of reprisals? Are we prepared to go all-in on this speculation?

 

Current U.S. politics have severely impacted the viability of our democracy. The logical endgame for a government that can no longer negotiate and compromise internally for the good of the republic is autocracy. President Obama has already taken the first step in this process. If Congress remains deadlocked, he intends to establish regulations in lieu of laws that Congress is no longer able to enact. The country must continue to operate, so if the legislative branch is unable to do its job, the executive branch will unilaterally increase its authority. Ironically, there is already talk of impeachment if Obama moves forward with his tactic. This will muddle the waters greatly and create a constitutional imbroglio.

 

The recent Ebola crisis is representative of an old and continuing threat to humanity. The virus does not spread easily, so the government has decided to bring two infected people to America for treatment, a seemingly humanitarian decision. But, this has mitigated protection afforded by distance. The bacteria and viruses that could potentially wipe out a country or a continent are percolating in certain parts of the world, particularly Africa. Disease there and in so many other places with poor hygiene, impure water and infectious insects needs to be addressed now.

 

The economics of the 21st Century have evolved for the worse and made the world a much more risky place vulnerable to terrible poverty, long recessions, crippling inflation and  high unemployment. The fall of one large financial institution could set off a worldwide economic collapse that will affect every human on earth. Almost as dangerous is the inevitable overreaction to economic threats that will stifle innovation and capitalism. The sword of economics is not double-edged. It has countless edges. The cure to one problem frequently sets off another. For instance, overspending to stimulate economic growth could very well lead to hyperinflation.

 

The gurus that formulate economic policy must be very diligent, flexible, creative and decisive to avoid economic issues that could wipe out trillions of dollars of investment in one day. The leaders of the world must not be seduced by socialism or any other system that impedes innovation and the profit motive. Our economic system should encourage entrepreneurs and financiers to emerge from the masses and lead us to better lives. At this moment in time, capitalism is our best alternative.

 

Religious fanaticism has climbed towards the top of the list of great concerns, as it threatens global tranquility. A modern day crusade is under way that intimidates all those who believe in religious freedom. The Middle East and certain parts of Asia are the epicenters for these very dangerous ideologies. In a nutshell, radical elements of Islam have become more militant and intolerant of other religious beliefs. At first, the movement was slow to grow. Social media has enabled the most violent groups to spread their venom and recruit those with little hope. Most recently, the Arab Spring resulted in the collapse of several governments. Formerly, these countries were ruled despotically, but the change to theocratic rule has not decreased unrest and anarchy. As these countries try to form new governments, religious provocateurs representing the two major Islam sects are creating more chaos.

 

The situation is not promising for our young people. Everything from politics, to nuclear proliferation, to health issues, to economics, to religion pose serious threats to our lives.

 

America needs new, great, decisive and respected leadership. We will have to apply military and economic measures to ensure peace and protect future generations.

 

How Democrats Might Win Elections In 2014

Most savvy political analysts believe Republicans are poised to make significant gains in Congress during the impending midterm elections. The most persuasive arguments for a GOP landslide are based upon Obama’s declining polls; a recent poll by NBC News and the Wall Street Journal has Obama’s approval rating at 40% (about the same as George W. Bush). Additionally, Obama’s foreign policies have been lambasted, and scandals at the IRS and the Veteran’s Administration are taking a toll on his popularity along with the continuing sluggish economy.

 

But, there may be hope in some pockets across the country, especially in races where Democratic incumbents are trying to fight off a change in the Senate majority. A New York Times article, titled “Democrats Seize on Social Issues as Attitudes Shift” does an excellent job of highlighting the strategies of some high profile Democratic campaigns.

 

In recent weeks and months, Democrats have tried to distance themselves from the Obama administration while their GOP opponents continue to use the president’s performance as the reason why voters should pull their levers on Election Day. America, the Republicans says, is standing on the sidelines as “chaos and violence in Ukraine, Gaza, Iraq and Syria” continue to escalate. Obama has provided no defense of his policies to make peace in these regions. Simultaneously, the president has been unable to convince Americans that the economy is doing better. And, he even told corporate executives to stop complaining about economic conditions, hardly a strong political statement.

 

Democratic candidates must go it alone without Obama, especially in places where the electorate is evenly split. The president’s presence in a campaign could literally mean defeat for some Democrats. The response of some candidates is to resort to social issues, a ploy commonly used by Republicans.

 

In the 70s, Richard Nixon  “rallied Americans disturbed by noisy protests over civil rights, the sexual revolution and the Vietnam War.” “Acid, amnesty and abortion” was the label attached to George McGovern in the 1972 election. George W.H. Bush used a released black convict to hammer Mike Dukakis in 1988 playing upon the public’s concern the Democrats would perpetrate a wholesale release of felons.

 

The Times article states that demographic changes are shrinking Nixon’s “Silent Majority.” American households have morphed over the years. “Nearly half of adults are unmarried. Fully 10 percent of opposite-sex married couples are interracial or interethnic. Acceptance of same-sex marriage has expanded with astonishing speed.” And of course, there is the legalization of marijuana and the continued perceived threat against pro-abortion females.

 

Democrats are supported politically by “[Millennials], college graduates, single women, blacks and Latinos,” as these groups generally are in favor of cultural shifts. Ironically, Millennials and African Americans have suffered the most during the Great Recession.

 

The tactics being used in high profile campaigns vividly expose the Democrat’s political strategy. The most important element is that Democrats, in some case, are labeling their GOP opponents even if the accusations are not entirely true. For instance, Senator Mark Warner (D-VA) is in a tough race for his seat with Ed Gillespie. Warner accused his opponent of seeking to “overturn abortion rights and ban some forms of contraception.” Mr. Gillespie, former Chairman of the Republican National Committee, said in a recent debate “he wants contraceptives available (behind the counter) at pharmacies without a prescription.”

 

Senator Mark Udall’s (D-CO) whole campaign is about social issues including “birth control, ‘parenthood,’ abortion.” By diverting voters away from the economy and foreign policy issues, incumbent Democrats hope to retain their current seats.

 

The strategy is a sign of desperation on the part of some incumbent Democratic officeholders. But, what choices do they have? Keep in mind, Obama successfully employed an accusation tactic in 2012 against Mitt Romney. Label you opponent as a radical, right-winger, stay away from the president, and maybe you can win your election. Then again, maybe you won’t.

 

What America Needs To Do To Improve Its Global Reputation

The reputation and influence of the United States is at a nadir. The nation is no longer the world leader it once was, capable of enlisting allies to fight terrorism and injustice. Our continued military and economic strength no longer intimidates rogue nations and troublesome groups.

 

Here are five recommendations for America that should help it regain its former status as the leader of the free world.

 

ONE: The U.S. must get its own house in order, politically and economically. Our enemies are emboldened by our inability to govern ourselves. America’s two-party democratic system is broken because neither side will compromise. In the past, opposing factions in government were able to negotiate through their differences for the good of the republic. This is no longer possible, and will not change, until the current leaders are no longer in office.

 

The best way to win over enemies, aside from invasion, is with economic sanctions. In spite of the Great Recession, our nation continues to be the strongest country in the world economically. Using this power in lieu of force is an excellent strategy when diplomatic efforts fail. The Iranian and Russian conflicts are prime examples where economic warfare may ultimately restore peace and nuclear security.

 

TWO: The U.S should never turn its back on an ally. If our country agrees to back another nation, we must live up to our commitments. The deteriorating relationship between the U.S. and Israel comes to mind. The continued support of the latter is crucial to its very existence. The ability of America to create and strengthen its ties to other nations will be greatly diminished if the U.S. does not stand by Israel or any other ally.

 

THREE: Notwithstanding endless criticism, America is still the place most people throughout the world would like to live. Historically, we have attracted great individuals from other countries. The resulting diversity has been a great strength of this country.

 

Now, however, we are under siege by illegal immigrants. This phenomenon is a tribute to our free society where anyone can find happiness and economic security if they work hard. But, there is a limit to the number of immigrants we can accept to ensure that our ability to service our citizens is not diminished.

 

Our government must be strong, reasonable and thoughtful at the same time. Our open borders have created a political, economic and humanitarian crisis. The lax way we have controlled immigration to this point has resulted in a whole new class of illegal immigrants. It is impossible to turn back the clock and rethink decisions to look the other way while millions have entered the country without authorization. So, they will likely receive a roadmap to citizenship. So be it.

 

But, new illegal immigration must be stopped immediately. It has become an issue of national security. America can be proud of its sensitivities towards immigrants, especially in recent years. We owe no other people in the world any favors. It is time that resources stop being drained from needy Americans for new illegal interlopers.

 

FOUR: The moral fiber of the country has deteriorated. Our elected officials are guilty of ignoring wasteful and illegal practices in virtually every aspect of American life. Old and non-productive expenditures for welfare, the military, social programs and corporate benefits need to be rooted out. Cheaters in all aspects of life must be identified and prosecuted. They include tax cheats, suppliers who cheat the government, people who cheat on medical bills, etc. The savings from these areas alone would be huge. Our citizens must be honest in their dealings with the government and each other.

 

FIVE: When elected, our leaders must select appointees based upon their resumes, not their fund-raising expertise. The current administration is chock full of amateurs that have not provided sound advice. I believe these unfortunate appointments are responsible for errors in judgment that have plagued the current administration.

 

Exacerbating the problem is that the current administration has continued to stand by political appointees who have made gross errors. The IRS, Veterans Administration and the Affordable Care Act debacles are prime examples of bad leadership. Instead of fessing up and admitting problems, the perpetrators are kept in service until the American people and/or Congress demand they be removed. Cover-ups only lead to more political mayhem.

 

American has a lot of fences to mend in the coming years. Hopefully, the elections of 2014 will be the beginning of a new breed of politician in Washington with many more appealing qualities that include an ability to work with others who have different opinions.What

In Defense Of Israel Against Hamas Terrorism

The international community of nations is somewhat divided on the Israeli-Palestinian conflict. Yet, those critical of Israeli offensive actions, as expected, have been screaming the loudest. The liberal press has been particularly negative towards Israel. Disagreement also exists in the Arab world; as usual the Sunni/Shiite schism accounts for various nations taking different sides. Saudi Arabia and its Sunni allies have supported the fight against Hamas, while Iran and its Shiite allies are backing the terrorist organization.

 

The net effect is that hundreds of innocents are being killed during Israel’s efforts to destroy Hamas munitions and close terrorist tunnels from Palestine to Israel. (It should be noted that Hamas has stored weapons and taken sanctuary in places that are often occupied by non-combatants. This fact, sadly, results in collateral damage.)

 

Israeli casualties are far less than Palestinian casualties, but they must put up with continuous warnings to take cover from Hamas rocket attacks. Many of these rockets, fortunately, are shot down by Israel’s Iron Dome defense system.

 

The real question is where does America stand? A New York Times news story, titled “Gaza Is Straining U.S. Ties To Israel,” analyzes this question. The article indicates that President Obama and the State Department “condemned Israel’s strikes on the United Nations School in Gaza on Sunday, saying it was ‘appalled’ by this disgraceful act, . . .” Some have said that this rebuke was “among the toughest ever being aimed at Israel,” and it is indicative of Obama’s “frustration” with Prime Minister Benjamin Netanyahu.

 

Conversely, the story says “The United States has been bruised by repeated clashes. . .[and] from the withering Israeli criticism of Secretary of State John Kerry.” Frankly, no one has been impressed with Kerry’s modern day version of shuttle diplomacy in the region. In spite of the number of trips he has taken, the meetings convened and the time dedicated to this conflict, Kerry’s achievements have been nil.

 

The Times quoted a former American ambassador to Israel as saying “This is the most sustained period of antagonism in the relationship [between Israel and the U.S.] . . .” It is this perspective that is the most distressing because without our strong support, Israel will cease to exist.

 

According to the Times, public opinion in America and in Congress is very solidly behind Israel’s actions against Hamas, although everyone would like to see a sustainable cease-fire. Even Arab neighbors have not spoken against the Israeli offensive. Even more curious, “The Pentagon confirmed that . . . it had resupplied the Israeli military with ammunition . . . Mr. Obama [also] signed a bill . . . giving Israel $225 million . . . for its Iron Dome antimissile system.”

 

So once again, the policies of the Obama are unclear to everyone outside of the administration. Is Obama supportive of Israel efforts to secure its borders or not?

 

Israel is our strongest ally in the Middle East. Without them, the U.S. would be far less informed and even less capable of responding to new national security threats. The bonds between the U.S. and Israel go far beyond the current leaders. They have developed over a half-century of collaboration. Moreover, Israel is loosely tied to many Jews in America culturally, politically and religiously.

 

On Fox’s The Five, Greg Gutfeld made a strong case to support Israeli actions against Hamas. He queried about whether the U.S. should just stand by and allow a neighbor to lob rockets onto our soil. Would we want our citizens taking cover from wanton rocket attacks 20 or 30 times each day? The response of the U.S. would be an all out attack to stop this aggression.

 

All the Palestinians need to do is stop the rocket attacks and abandon the rat holes that serve as terrorist entrée into Israel. The hostilities would end.

 

The U.S. has a legal and moral obligation to support Israel as it defends itself from terror. The Obama administration has no right or authority to destroy an alliance that began over 50 years ago especially given that most Americans continue to support Israel.