As part of President Obama's fundamental transformation of America, this lawless tyrant is intent upon completely overturning one of the most fundamental characteristics of our Republic; Separation of Powers.
The checks and balances in the American system were instituted for the express purpose of combating the rise of a tyrannical and oppressive government.
Nonetheless, on December 31, 2011 Josh Earnest, White House deputy press secretary said, "the president will have a larger playing field. If that includes Congress, all the better," But, he added, "that's no longer a requirement."
The president did not waste any time in thumbing his nose at the rule of law. Just yesterday, the President announced the "recess appointment" for the controversial Consumer Financial Protection Bureau and three new members to the National Labor Relations board.
So what is the problem? Congress is NOT IN RECESS. The President has made a complete end run of Congress and has violated his limitations in Separation of Powers. But what is the big deal about Separation of Powers?
James Madison points out in Federalist 47;
"The accumulation of all powers, legislative, executive, and judiciary, in the same hands, whether of one, a few, or many, and whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny."
Our founders spent a great deal of time discussing separation of powers and believed that such separation was essential to the protection of our liberty. The discussion of the time was not whether these branches SHOULD be separate, but to WHAT DEGREE they should be separate; the founders knowing, as Madison points out, that a separation of the three branches of government was necessary to preserve Liberty.
They all agreed that the accumulation of all powers by one person or a single group of people is the very definition of tyranny. "Where the accumulation of power is possible, no further argument is necessary" to support a division and separation of those powers.
"…by so contriving the interior structure of the government as that its several constituent parts may, by their mutual relations, be the means of keeping each other in their proper places. "
Our Founders also believed that a certain amount "blending" of these departments was necessary to prevent one Branch from usurping power over the other. This blending is what we know as checks and balances. Madison understood that simply enumerating powers and identifying boundaries on paper would be an insufficient barrier "to the encroaching spirit of power."
Liberty cannot be preserved unless you allow for departmental oversight. Madison made this point very clear:
"But the great security against a gradual concentration of the several powers in the same department, consists in giving to those who administer each department the necessary constitutional means and personal motives to resist encroachments of the others. The provision for defense must in this, as in all other cases, be made commensurate to the danger of attack. Ambition must be made to counteract ambition. The interest of the man must be connected with the constitutional rights of the place. It may be a reflection on human nature, that such devices should be necessary to control the abuses of government."
The abuses of this President definitely need to be controlled. The absolute amazing thing about this entire scenario is that a President was IMPEACHED for the very thing that our current lawless Executive is doing.
On March 3, 1867 Congress enacted the Tenure of Office Act over the veto of President Andrew Johnson. The Tenure of Office Act was designed to prevent the President from removing any office holder appointed by a past president without the advice and consent of the Senate.
Johnson did not acknowledge this limitation and publicly declared the 39th Congress was not a Congress at all. He then removed the then Secretary of War, Edwin Stanton from office and appointed Ulysses S. Grant in his place.
On February 24, 1868 the House of Representatives brought 11 articles of impeachment against Johnson according to article 2 of the Constitution. Ten of these articles were dedicated to Johnson's ignoring this Separation of Powers. Johnson was successfully impeached by the House, but was acquitted after trial. Although several Governors had been impeached in the colonies, this was the first sitting president to be impeached. Most impeachments have occurred due to the executive branch ignoring its limitations through separation of powers.
In this case, unlike today, Congress fulfilled their responsibility in the "checks and balance" aspect of the Separation of Power and impeached Johnson. Our founders knew that these checks and balances MUST be utilized to prevent the natural course of men who wish to be tyrants.
"But what is government itself, but the greatest of all reflections on human nature? If men were angels, no government would be necessary. If angels were to govern men, neither external nor internal controls on government would be necessary. In framing a government which is to be administered by men over men, the great difficulty lies in this: you must first enable the government to control the governed; and in the next place oblige it to control itself. A dependence on the people is, no doubt, the primary control on the government; but experience has taught mankind the necessity of auxiliary precautions."
If such strong checks were and are necessary to resist the tyranny of men, then why are these checks not being employed? History and experience prove not only that Obama's attempts to completely destroy liberty must be stopped, but that Congress has the ability to stop him.
What has happened to the integrity and resolve of the men and women we have elected to protect Liberty? I believe much of it has to do with a complete ignorance of history and a complete lack of understanding of the Constitution.
The House of Representatives, by their complete inaction, will allow another dangerous precedent to eat away at America's Constitutional foundations. The House must begin the impeachment process and end this unconstitutional usurpation by the executive branch, TODAY.
We cannot allow this tyranny to continue. Congress must know if they will not stand for Liberty, WE WILL.
Just a reminder, Congress, YOU WORK FOR US. Your job obligations and responsibilities are clearly identified in the law, in the Constitution and in the "operator's manual" written by those who wrote the Constitution. If you don't understand them, I am more than happy to come and teach you. But do hear us, Congress… Do your job or be fired!
Step up and defend Liberty.
KrisAnne Hall is a Constitutional attorney and former state prosecutor, fired after teaching the Constitution to TEA Party groups - she would not sacrifice liberty for a paycheck. She is a disabled veteran of the US Army, a Russian linguist, a mother, a pastor's wife and a patriot. More information is available on her web site - http://krisannehall.com/index.php/bio