The top 10 violations of the Constitution by Obama and the 111th Congress

At the close of the 111th Congress, America is deeply in the bog of Thomas Jefferson’s prophetic warning: “The two enemies of the people are criminals and government, so let us tie the second down with the chains of the Constitution so the second will not become the legalized version of the first.” Unfortunately, the broken chains of the Constitution have failed to contain the federal government.

By way of review, let’s take a stroll through the junkyard of constitutional violations that have been painted fresh by President Obama and the 111th Congress. Here’s my top-ten list, highly abbreviated for length.

#10. — 9/11 Responders Relief Fund: We love and honor those who put themselves in harm’s way for our security. However, giving the 9/11 first responders money after the fact violates the Constitution. Article 1.8 gives Congress the right to expend funds for all the purposes itemized, provided it is done for the general welfare, NOT for individuals or preferred groups. The states may reward heroes if they so choose.

#9. — Checks and Balances Failure: The Chairmanship of the UN Security Council: Where was Congress when President Obama became the chairman of the powerful UN Security Council in 2009? The normal monthly rotation for that chair goes to the U.S. ambassador to the U.N. because Article 1.9 of the Constitution forbids the president (and all other office-holders) from accepting any present, foreign office or title from a foreign country or a foreign potentate unless it is specifically authorized by Congress. The Founders wanted to prevent deal-making, corruption, and foreign influence from affecting America’s internal affairs.

#8. — Net Neutrality: The government is trying to stop Internet providers from blocking or slowing some web traffic and prevent providers from showing favoritism. The FCC thinks it should be able to regulate the Internet like it regulates utility companies. This violates the property rights of Internet providers and interferes in the market’s free choice of which services receive funding. Article 1.8 makes it clear that the FCC is not constitutionally authorized to pass laws, especially those disguised as regulations.

#7. – Czars: The moniker for appointees who report to no one but the president has taken on a new and eerie resemblance to the dusty Russian tsars of old. Article 2.2 grants the president leeway to appoint managers, but those managers may not have any regulatory, legislative or law-making powers — such powers are reserved to the legislative branch. Today’s “czars” have the power of cabinet members without having to go through a vetting process or the confirmation process prescribed for cabinet members. Czars are unelected and untouchable political decision-makers — in violation of Article 1.1.

#6. — Cap and Trade: The Clean Energy and Security Act mandates greenhouse gas emissions be reduced to 17 percent below 2005 levels by 2020, 42 percent below 2005 levels by 2030, and 84 percent below 2005 levels by 2050. By 2020, this tax will extract an estimated $160 billion from the economy, or an average $1,870 per family. Once again, had the chains of Article 1.8 not been broken, America would be spared such tomfoolery. Cap and trade masked in any disguise whatsoever cannot be justified as a general welfare activity.

#5. — Cash for Clunkers: The government offered $4,500 rebates to people turning in their clunkers for more fuel-efficient vehicles. When the first program quickly ran out of the $4 billion allotted to it, another $2 billion was added. Follow-up analysis showed the program did nothing to stimulate the economy and put many people into additional debt by encouraging them to purchase cars that they otherwise would not have bought during these hard economic times. The government has zero authority to selectively give individuals tax money for purchases of vehicles, according to Articles 1.2 and 1.8 — and common sense.

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  • http://www.facebook.com/people/Adam-Daniel-John-Thompson/1261278093 Adam Daniel John Thompson

    So the Federal Government also needs to stop invasions of foreign culture, media & goods? Either you take the meaning intended in the Constitution, or you look like an idiot who has no clue as to what the Constitution actually means. I am also amazed that it is apparently non-constitutional to pay money to the ground zero emergencey servicepeople who suffered long term health problems due to their actions, or to save millions ofn jobs with a stimulus package (which saved more money than it cost), save thousands of lives and billions of dollars due to people being able to get immediate medical attention for life threating situations, and other situations that stop them from being disabled!
    I think at least two million swing voters are now going to vote Obama!

  • bjohnson1

    Regarding #3. — Illegal Immigration, regardless that the corrupt feds claim power to manage immigration, Thomas Jefferson had referenced the Constitution, the Tenth Amendment in particular, to argue that the states had reserved the power to regulate immigration uniquely to themselves.

    “4. _Resolved_, That alien friends are under the jurisdiction and protection of the laws of the State wherein they are: that no power over them has been delegated to the United States, nor prohibited to the individual States, distinct from their power over citizens. And it being true as a general principle, and one of the amendments to the Constitution having also declared, that “the powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people,” the act of the Congress of the United States, passed on the — day of July, 1798, intituled “An Act concerning aliens,” which assumes powers over alien friends, not delegated by the Constitution, is not law, but is altogether void, and of no force.” –Thomas Jefferson, Draft of the Kentucky Resolutions – October 1798.

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    Great read…just picked it up and published on my blog…


  • ChickFight

    #7b: Like ‘Czars’ Obama and pals are giving unilateral legislative powers to unelected bureaucrats, i.e. the EPA, FDA, and FCC.

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  • http://www.facebook.com/people/Daniel-James-Valentine/833766169 Daniel James Valentine

    I admit I have a bit of a problem with the conclusion of #3. “Invasion” in the diplomatic requires an actor (a country, for instance) sending in by force a body of men, usually armed, into a foreign nation for the purpose of subjugation and/or occupation. Mexico itself has not declared war nor entered their own troops into the country, so the qualifications for an “invasion” are not met and thus I can’t recognize a violation of Article 4.4. It’s likely possible that many of these immigrants are dumped near the border by the Mexican government or some other agent for the sole purpose of forcing them into the US, and a good amount of these illegal immigrants may be involved in the drug trade and war in some capacity, but even so point 3 concerns the general existence of illegal immigration.

    The article, however, is fantastic. While no president is bound to be perfect (a previous commenter brought up Bush’s violations), it’s rather astonishing to see such egregious disregard of the primary document of law in this country within two years.

    • Paul Skousen

      Hi Daniel, thank you for that great point. I think you’re exactly right regarding the traditional view of “invasion.” But an invasion can occur in other ways as well—silently, over time, culturally, economically, religiously, gradually transforming the cultural norms and patriotic allegiances and national safety of an area into an extension of another country or culture. The fall of Rome, the replacement of cultures and control of various groups in middle-ages South America and China, elsewhere, moved along similar lines.

      You’ll notice the Mexican government hasn’t stepped forward in any significant way to prevent this flowing over the border, giving tacit approval if not encouragement. We have family in AZ and there are places they can no longer safely visit. A beheading took place 10 miles from their home this past December—drug related, but still, that scares people away. As that encroachment continues northward unchallenged, Americans and Arizonians lose their sovereign land. That’s the silent invasion now taking place with half a million or so in place to acquiesce, if not actually support and offer a landing place for others in this gradual take over of those parts of America.

      Many great people from Mexico want to come to America, I don’t blame them. They have much to offer. Human resources are the greatest of all values in life regardless of nationality. America becomes stronger because of Mexican and all immigrants—so long as it’s managed and watched—because through those same illegal channels also come the criminals, thugs, gangs who intimidate with violence and drive Arizonians and others in border states out of their own hometowns, gradually pushing Americans northward, and paving the way for transformation of an area from American to Mexican.

      This now goes into the whole illegal immigration debate, which I don’t want to do. The Constitution mandates that the federal government manage immigration and guard our borders, and because it’s not doing that right now, we have a silent invasion well underway. Thank you for your very kind words, I appreciate your excellent point. —Paul