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Samuel Adams, @ProteinWisdom, @Iowahawkblog, And Me

28 June 2014 @ 00:42

From Jeff Goldstein’s post, About that 9-0 ruling about Obama’s unconstitutional recess appointment:

And it turns out that further digging, courtesy of Mark Levin last evening, reveals that the decision, while it acts as a rebuke to Obama in the short term, is actually a weakening of separation of powers, and by a 5-4 majority, with Kennedy crossing over, is a rewriting of the Appointments Clause and Recess Clauses.

That is, Justice Breyer took the plain language of the Clause, dismissed the intent behind it, and ruled that what Madison’s notes, along with the actual signified text of the Clause, stated — that the President has the power of appointment during the recess (singular, with a singular article) if a vacancy happens during the recess (which as originally intended and signified meant the time between two Congresses, and with no availability of the Senate to provide advise and consent, given their absence, and given some pressing need to fill a vacancy) — and rewrote it, pointing to that very same plain language and arguing that one can plausibly — or if you prefer, reasonably — read the text in such a way that it encompasses any of a number of intra-congressional recesses, including, say, Christmas breaks. It likewise allows holdover candidates that the Senate didn’t approve to be appointed whenever the Senate is not in session, which means that there really IS no check left on the Executive. There’s just a waiting period before the Executive installs whomever he wishes to install to any appointed position.

Because the Court — with Kennedy joining the leftists — rewrote the Clause and passed it off as interpreting the plain language of the Clause, separation of powers has now been not only weakened, but in this case, essentially destroyed, at least at the level of Constitutionality….

Samuel Adams, writing as ‘Candidus’, in the Boston Gazette on 23 September 1771:

It is a pitiful constitution indeed, which so far from being fixed and permanent as it should be — sacred and unalterable in the hands of those where the community has placed it, depends entirely upon the breath of a minister, or of any man.

Iowahawk:

 

Your Humble Dispatcher on 02 January 2013:

One is reminded of Rome after the rise of it’s first Emperor: though the Caesar and the Senate continued to pay lip service to The Roman Republic, the reality was that the Roman state had become an Authoritarian dictatorship.

Fascist-Flag-AtThePointOfAGun-560Luckily for us, Obama has not declared himself Emperor yet. However, he is acting like a Roman Counsel who has been given temporary dictatorial powers by the Senate. And, in a sense, this is exactly what has happened.

Both our House and Senate have allowed Obama to rule by decree, via Executive Orders and regulations, and, where it has not been politically expedient or wise to do so, his allies in the Congress have carried out his work for him in their names. These Tyrants have been aided by the GOP Establishment which, apparently, has decided that having a seat at the table of power is more important than upholding their Oaths Of Office. Many wise thinkers have written about the banality of Evil. Well, those who aid and abet the Left in America in their plans are certainly the banalist of banalities. Such is the way Revolutions succeed: the determined fanatics use [and abuse] those who want to survive no matter how much they much they must humiliate themselves to do so.

Myself in June of 2011:

The Rule Of Man, The Reign Of Whim, all in the service of Immanentizing The Eschaton.

At the Appointed time of Noon on 20 January 2009, The Constitution was sent into formal Recess.

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2 Comments
  1. 28 June 2014 @ 07:15 07:15

    The Constitution called, it said,
    “AVENGE MEEEEEEEE!!!!!!!!!!”

    Wolverines!

  2. smmtheory permalink
    28 June 2014 @ 11:25 11:25

    “Many wise thinkers have written about the banality of Evil. Well, those who aid and abet the Left in America in their plans are certainly the banalist of banalities”

    That there is one reason why I cannot bring myself to just vote Democrat in order to burn down the Republican party. I don’t want to aid and abet and cooperate in the exercise of evil. While I at one time thought that voting split ticket was a method of thwarting government expansion, now voting just seems like cooperating with evil.

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