Is Obama acting within the constitution?

The U.S. Constitution and Barrack Hussein Obama - are they in synch?

There is much going around the internet, and by email, regarding Obama's eligibility to be President based on any number of issues which most of you have already heard about so I won't mention them here because it's not pertinent to this blog. Many Americans are almost up in arms over the spending and government takeover of the automotive industry, the banks, the insurance industry, and of course healthcare. Presidential and Congressional spending is stratospheric! Mr. Obama is leading the way into accelerated change. This is precisely the CHANGE he talked about in his Campaign. The problem is, he was somewhat deceitful with you and I. Does America need this much CHANGE? Why would a 48 year old man think that he knows best for 300,000,000 other Americans? He's ignoring at least half of us. He's acting on behalf of one party only at the expense of the other. Is he really off track with an unrecognizable leftist agenda or are many of us simply afraid of change?

My main question to you is this; do you believe by his actions, his deeds, or in his words that Obama is acting within the guidelines of the United States Constitution?

Test of Three, by Socrates

Keep this philosophy in mind the next time you hear or are about to repeat a rumor.

In ancient Greece (469 - 399 BC), Socrates was widely lauded for his wisdom. One day the great philosopher came upon an acquaintance, who ran up to him excitedly and said, "Socrates, do you know what I just heard about one of your students...?"

"Wait a moment," Socrates replied. "Before you tell me, I'd like you to pass a little test. It's called the Test of Three."

"Test of Three?"

"That's correct," Socrates continued. "Before you talk to me about my student let's take a moment to test what you're going to say. The first test is Truth. Have you made absolutely sure that what you are about to tell me is true?"

"No," the man replied, "actually I just heard about it."

"All right," said Socrates. "So you don't really know if it's true or not. Now let's try the second test, the test of Goodness. Is what you are about to tell me about my student something good?"

"No, on the contrary..."

"So," Socrates continued, "you want to tell me something bad about him even though you're not certain it's true?"

The man shrugged, a little embarrassed.

Socrates continued, "You may still pass though because there is a third test - the filter of Usefulness. Is what you want to tell me about my student going to be useful to me?"

"No, not really..."

"Well," concluded Socrates, "if what you want to tell me is neither True nor Good nor even Useful, why tell it to me at all?"

The man was defeated and ashamed and said no more.

The New Arizona Immigration Law

My thanks goes out to Michael Connelly for taking the time to review this new law and allow me to post it here. You can find him at http://michaelconnelly.viviti.com/

The liberal news media is hysterical, the President of the United States is threatening to have Federal agents reviewing every arrest that is made by State and Local authorities, and the Attorney General of the United States is considering filing a suit in Federal Court to have the law declared unconstitutional. All of this is allegedly being done to protect “Civil Rights”. At first glance, you might think that this was something written about the efforts to abolish the segregation laws in the deep south in the 1960s.
However, that is not the case because the reactions I am referring to are those being directed at the sovereign state of Arizona for daring to try and stem the tide of illegal immigrants, illegal drugs, and violent criminals flowing across its southern border. This is a tide that is destroying the state’s economy and causing massive increases in crime including the murder of American citizens on the border who dare to complain. Yet, the American public is being told that this law will cause violations of civil rights and so a boycott of Arizona is being called for to punish the citizens of the state because they overwhelmingly support the new law.
So what exactly does this law say? Well, it is Senate Bill 1070 passed by the Arizona Legislature and I have read the entire bill and it was indeed a pleasure because it is a comprehensive and straightforward piece of legislation that is only 17 pages long. Compare that to the health care bill recently passed by Congress that was over 2700 pages and the pending Cap and Trade Bill that is over 1400 pages long. I can guarantee that everyone in the Arizona legislature read the bill before they voted on it, unlike Nancy Pelosi, who informed members of the Congress that they needed to pass the health care bill so they could find out what was in it.
In a nutshell, the new Arizona law tracks the Federal law that has been in existence for 23 years but is no longer enforced by the Obama Administration. The people of Arizona, through their elected representatives, have simply taken the laws against illegal immigration adopted by Congress and made them into state laws that can be enforced by local authorities. They have found this necessary because it is estimated that over 50% of the illegal aliens that enter the United States and 50% of the illegal drugs that are brought into this country from Mexico now come across the Arizona border.
Since President Obama’s response to this crisis situation was to reduce the number of Border Patrol agents on the southern border with Mexico by 346 members, the people of Arizona were left with little choice but to take action on their own since the Federal Government has abdicated its responsibility to provide for the “common defense” of the American people. We should make no mistake here, what is happening on our southern border is an invasion that is robbing Americans of much needed jobs and subjecting our citizens to the violence that is being perpetrated by the Mexican drug cartels and spilling over into our country.
Despite the wildly exaggerated claims being made by the left, particularly those in media outlets like the major networks such as NBC and CNN, the Arizona law does not provide for the wholesale rounding up of Hispanics on every street corner in Arizona. The police must have probable cause to believe someone is in the country illegally or they must catch someone in the act of breaking another law. Then the authorities will have the right to detain the person and determine their immigration status. It is not the state that requires documents to prove legal status, it is a requirement of Federal law that all legal immigrants in the United States have written authorization from the Federal Government to be here.
If such authorization can’t be verified in the Federal data bases then the person involved is considered an illegal and is breaking the laws of both the Federal and State governments. They are essentially trespassing on American soil and charging them with this crime is no more a violation of their civil rights than arresting someone who has broken into someone else’s home. The charge that this will result in racial profiling is ludicrous. The American people are not as ignorant as the elitists on the left like to portray us. We are quite aware, even if Attorney General Eric Holder is not, that the vast majority of the people crossing the U.S. border from Mexico are not Irish and they don’t speak Gaelic. They are Hispanic and speak Spanish.
The Arizona law also tracks the Federal laws by making it a State criminal offense to smuggle people into this country illegally and for businesses to hire people who are in the country illegally. I personally believe that it is time for the Obama Administration to be reminded that the rights guaranteed by our Constitution are for those individuals who are citizens of our nation and those who have immigrated here legally. I do not believe that the Founding Fathers ever intended for them to apply to those who cross our borders illegally in order to violate our laws. Providing them with due process is fine, but giving them special consideration because the current Administration and Congress want to eventually make them citizens who will vote for candidates of the Democratic Party is unacceptable.
It is time that we start looking out for the Civil Rights of our own citizens. The State of Arizona is doing just that and any attempts to stop it from exercising its rights under the Tenth Amendment to the Constitution are beyond the powers authorized in the Constitution to the President or Congress.
As for the proposed boycott of Arizona, my response is simply this. I personally intend to visit that beautiful state as often as I can and spend as much money as I can afford. I encourage all of my friends and readers to do the same. It is time for all of us who continue to fight to be free Americans to stand together. As Benjamin Franklin said, “We must all hang together; else we shall all hang separately.”

Obama healthcare - the legal challenges to come.

My letter to Michael Connelly, a constitutional lawyer and professor.
I personally believe that Michael has real understanding and insight into the constitutionality of Obama Care.

Dear Michael;

I wish you well on the upcoming legal challenges you’ll be involved in with the U.S. Justice Foundation against this Healthcare outrage. I am pleased that you and many other knowledgeable Americans who have true understanding of the U.S. Constitution will be filing suits to have it overturned. The bigger and more looming reality is - what’s next? It’s obvious that the socialists are now in control of the American governmental system at the federal level. I say it in this context because I don’t believe that the majority of Americans want this form of healthcare, and most of us want common sense change - not government intervention and takeover. We’d rather see competition in each and every state from all healthcare providers.

We Americans who believe in the U.S. Constitution will patiently await the outcome of the legal challenges to come. I know there will be many. Several States have already voiced their opposition regarding this issue. Hopefully many Americans will come to learn that this was an un-authoritative act led by Barrack Obama and the United States Congress - a heinous act, not enumerated in the Constitution, yet fully perpetrated by a small group of elected ultra-liberal Americans who wish to change America as we know it. Is their goal greed and power? I wish I knew. Not knowing for sure is the most dangerous element of their actions. I pray for the ultimate change next November when all of those in favor of this bill are removed from office.

In summary; if the legal challenges ultimately prove to be futile, America will find itself in an ideological war that could lead to civil unrest, and then – who knows?

GOD bless this great country and remove those who would usurp Freedom and Truth.

A Constitutional Summary on the impact of the Obama Health Care Bill of 2010

The Truth About the Health Care Bills by; Michael Connelly, Retired Constitutional Attorney Well, I have done it! I have read the entire text of proposed House Bill 3200: The Affordable Health Care Choices Act of 2009. I studied it with particular emphasis from my area of expertise, constitutional law. I was frankly concerned that parts of the proposed law that were being discussed might be unconstitutional. What I found was far worse than what I had heard or expected.. To begin with, much of what has been said about the law and its implications is in fact true, despite what the Democrats and the media are saying. This law does provide for rationing of health care, particularly where senior citizens and other classes of citizens are involved, free health care for illegal immigrants, free abortion services, and probably forced participation in abortions by members of the medical profession. The Bill will also eventually force private insurance companies out of business, and put everyone into a government run system. All decisions about personal health care will ultimately be made by federal bureaucrats, and most of them will not be health care professionals. Hospital admissions, payments to physicians, and allocations of necessary medical devices will be strictly controlled by the government. However, as scary as all of that is, it just scratches the surface. In fact, I have concluded that this legislation really has no intention of providing affordable health care choices. Instead it is a convenient cover for the most massive transfer of power to the Executive Branch of government that has ever occurred, or even been contemplated If this law or a similar one is adopted, major portions of the Constitution of the United States will effectively have been destroyed. The first thing to go will be the masterfully crafted balance of power between the Executive, Legislative, and Judicial branches of the U.S. Government. The Congress will be transferring to the Obama Administration authority in a number of different areas over the lives of the American people, and the businesses they own. The irony is that the Congress doesn't have any authorityto legislate in most of those areas to begin with! I defy anyone to read the text of the U.S. Constitution and find any authority granted to the members of Congress to regulate health care. This legislation also provides for access, by the appointees of the Obama administration, of all of your personal healthcare direct violation of the specific provisions of the 4th Amendment to the Constitution information, your personal financial information, and the information of your employer, physician, and hospital. All of this is a protecting against unreasonable searches and seizures. You can also forget about the right to privacy. That will have been legislated into oblivion regardless of what the 3rd and 4th Amendments may provide. If you decide not to have healthcare insurance, or if you have private insurance that is not deemed acceptable to the Health Choices Administrator appointed by Obama, there will be a tax imposed on you. It is called a tax instead of a fine because of the intent to avoid application of the due process clause of the 5th Amendment. However, that doesn't work because since there is nothing in the law that allows you to contest or appeal the imposition of the tax, it is definitely depriving someone of property without the due process of law. So, there are three of those pesky amendments that the far left hate so much, out the original ten in the Bill of Rights, that are effectively nullified by this law It doesn't stop there though. The 9th Amendment that provides: The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people; The 10th Amendment states: The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are preserved to the States respectively, or to the people. Under the provisions of this piece of Congressional handiwork neither the people nor the states are going to have any rights or powers at all in many areas that once were theirs to control. I could write many more pages about this legislation, but I think you get the idea. This is not about health care; it is about seizing power and limiting rights. Article 6 of the Constitution requires the members of both houses of Congress to "be bound by oath or affirmation to support the Constitution." If I was a member of Congress I would not be able to vote for this legislation or anything like it, without feeling I was violating that sacred oath or affirmation. If I voted for it anyway, I would hope the American people would hold me accountable. For those who might doubt the nature of this threat, I suggest they consult the source, the US Constitution, and Bill of Rights. There you can see exactly what we are about to have taken from us. Michael Connelly Retired attorney, Constitutional Law Instructor Carrollton , Texas