Thursday, August 25, 2011

Obama Administration and the Theft of Our Republic
By Claudia Roazen
The Obama administration is acting beyond just "overreach" of his executive enumerated authority and has graduated to acts of “ultra vires”. The Latin term, ultra vires, means to act beyond authority.
The rule of law is the very foundation of our American society in that without its authority and allegiance our communities would transcend into chaos. We understand that laws both free and constrain individual behavior by thwarting wrongdoers and compelling accountability to one’s actions.
Lawbreaking is always expected when instituting laws, thus a penalty for violation always accompanies a new law. Laws are intended to both discourage and penalize criminal acts while providing justice for those victimized by lawbreakers.
One of the most important tenants of American law is that no one is above the law. Dating back to Aristotle’s view, “The rule of law is better than that of any individual,” we all know that no one in our government is above the law.
Yet, is this axiom still true under the Obama administration? 
The Obama administration declared it would not enforce the Defense of Marriage Act. What?
The Obama administration institutes the Congressional failed "Cap and Trade" legislation through the EPA. What?
The Obama administration institutes the Congressional failed Dream Act. What?
One has to wonder why we have a legislative branch, and/or a judicial branch because it is apparent that the balance of power has shifted to allowing the Obama executive branch a willful ability to dictate power unchallenged.
When Congress fails to enact laws that this president wants, he then enacts his own laws supplanting Congressional will and the people's petitioning of their representatives.
Americans are seeing not just an abuse of executive power, but also a devolvement of our constitutional system in which the overreach overrides the basic foundation of our Republic.
These abuses of executive power to circumvent the will of the people are being ignored by Congress, leading to grave danger for the future of America’s constitutional bedrock safety of the balance of power and the rule of law.
In an election year when politicians in both parties are gaming for votes, the abuses of power are either ignored or tacitly condemned to be used for political leverage. This outrages the public, that Congress can be so corrupt as to allow the executive branch to steal the will of the people through backdoor implementation of defeated legislation, but worse sets a precedent that weakens the representative legislative process for future generations of Americans.
If your bank left both the front door and the vault open, with no locks or any security in place while robbers walked in and pocketed your money, whom do you blame?
It is easy to just scream injustice at the bad actor who steals, but the bigger injustice is the agent that entices your trust, but then fails to protect your interest. In the above analogy, it would lead to a cynical conclusion; that your bank was duplicitous in the theft. Does our Congress want to be seen as trustworthy, or corrupt and feckless?
Power seeks more power, and when there are no consequences for abuses, more abuse occurs and more power is wielded. Until the lawmakers finally decide to check that power they are powerless to stop it.
World history has always been in our rear-view mirrors from our Founding Fathers and their awareness of the strengths and weakness of Greek and Roman political systems, to our appreciation of their roadmap they created for our Republic, rather than a Weimer democracy.
“I believe there are more instances of the abridgment of freedom of the people by gradual and silent encroachments by those in power than by violent and sudden usurpations.” James Madison
There is no doubt that the Obama administration has (not silently) rather brazenly encroached on all Americans freedoms while our representatives in Congress continue to cry outrage, but leave the (rule of law) vault door open as he plunders the nation’s treasure with no check or balance.
Where is the outrage, oversight and leadership of this Congress, sworn to uphold the Constitution of the United States of America?
Congress needs to stand up to this President’s abuse of executive power, for the people now, and for the future of our Republic.

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