Trump Is “Going Constitutional”

The latest effort to legitimize President Trump’s bold initiatives is aptly labeled “going constitutional.” It is deftly presented in a story in the New York Post authored by F.H. Buckley.

Buckley begins by referencing Barack Obama and why he was so “glum” after the election. It was not because of Hillary’s defeat or any “close” relationship. Rather, he knew that “all of his unconstitutional executive orders [were} going down the tube.”

Obamacare seemed “healthy” at first because Obama gifted $1 trillion to insurance companies. Essentially it was a subsidy to offset the losses they were about to incur as they reimbursed Americans who could not pay for their coverage. The gambit failed miserably. Bypassing lawmakers was held to be unconstitutional by a federal court. Last week Trump said he would no longer provide this support making further litigation moot. In summary, Obama’s actions were illegal, and Trump’s response honored the Constitution and ensured Obamacare would fail.

Buckley points out that Trump decided to send the Iran nuclear deal to Congress for reconsideration by refusing to certify compliance by Iran. The original deal is a treaty that should have been approved (if possible) by two-thirds of the Senate. Obama circumvented constitutional congressional consent of a treaty with the aforementioned certification ploy, which the president must do every 90 days. Once again Trump opted for the constitutional route not abusive executive power. By the way Congress may impose former sanctions, which would nullify the agreement. Or it can do nothing and the deal stays in place. The important thing is that Congress, not the president, is making the decision, as it should be.

The author goes on to point out the compliance of Senator Bob Corker, Republican head of the senate Foreign Relations Committee, for the nuclear pact. Corker abetted Obama’s unconstitutional actions. Trump called out Corker, who thankfully is retiring this year.

The cavalcade of mandates issued by Obama were actions meant to circumvent the powers of Congress. Obama refused to negotiate with the opposition beginning with Obamacare in 2008, and his ability to keep his campaign promises were dashed continually by the Republican controlled Congress. Obama was not the first president to encounter a hostile Congress. More negotiation, compromise and comity would have enabled the president to have more success during his tenure.

 

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