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Tuesday, October 2, 2012

Obama's Magic Lamp of Executive Orders


There are those who smell conspiracy in the air, and while I don't own a tin-foil hat, still I can't altogether escape a feeling of nervous dread lurking in the pit of my stomach. This is the stuff of a Hollywood Thriller! We live in such interesting times, don't we? All these polls drip-drip-dripping every day—all of them maintaining the foregone conclusion of an Obama victory—may just be a well-orchestrated trick. A trick played not on the American people, but on our President. Could this litany of flawed polls be an attempt by the MSM cognoscenti to gull our tyrant-in-chief long enough that he will consent to even allow the 2012 election to happen?

Those in the know concerning the background of our Dear Leader are aware that his pastor, his associates, his mentor, his life up to the office of President of the United States, all lead to the conclusion that he's not satisfied with the way our free-market economy is working.

I wouldn't put anything past a man like Obama. He of Choom Gang fame, would be described in eras past as the quintessential scofflaw. The reason for my nervousness and the nervousness of a lot of high-strung conservative types, who have a deep and innate distrust of the system, is because we've seen Obama before to our great regret. We've met people like him lecturing about "fairness" at the front of our classroom. We've listened to race-hustling scam artists relating selfish messages that we repudiate on a deeply visceral level. We've seen those just like him—the Jesse Jacksons and the Al Sharptons and others whether known or unknown—as they scream their rage into a crowd, their fists pumping in the air before the onset of horrific violence, arson, looting, and murder.

Obama's beliefs have evolved on more than just gay marriage. Under his rule the powers of the Presidency have apparently sprouted wings!
Until the 1950s, there were no rules or guidelines outlining what the president could or could not do through an executive order. However, the Supreme Court ruled in Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952) that Executive Order 10340 from President Harry S. Truman placing all steel mills in the country under federal control was invalid because it attempted to make law, rather than clarify or act to further a law put forth by the Congress or the Constitution. Presidents since this decision have generally been careful to cite which specific laws they are acting under when issuing new executive orders.
The Supreme Court ruled in 1952 that a President's Executive Orders couldn't make laws, only clarify or further a law enacted by Congress or the Constitution. So I ask you, how can an Executive Order that offers amnesty for illegal aliens further or clarify a law that was never enacted by congress? If you'll recall the so-called "Dream Act" was never passed. It was defeated in the Senate, yet Obama decided he would have it, nevertheless. So he rubbed his magic lamp of Executive Orders and voila...amnesty for illegals was granted.
Today, the president announced his "Pay As You Earn" proposal, which would allow federal student loan borrowers to cap their loan payments at 10 percent of discretionary income as early as next year. The plan would also forgive debt balances after 20 years of payments. This is a substantial change from current law, under which the cap is 15 percent, and loan balances can be forgiven after 25 years. The administration estimates that this change would affect 1.6 million students. The new proposal would also allow an estimated 6 million students and recent graduates to consolidate their loans and reduce their interest rates starting in January.
Well isn't that special? Our Magnificent leader doesn't care what the student loan agreements say. He doesn't care what the laws in the respective states have to say. He doesn't care what the banks, or the shareholders, or Senators or Congressmen think. Laws be damned! He'll do what he wants, and you'll learn to accept it. Where is the Constitutional or Congressional law he's merely furthering or clarifying? How on Earth does anyone—including himself—believe he has this power?

Finally, there is the controversy regarding Obama's decision that work requirements of welfare recipients be reduced or eliminated. Below is the GSA's finding on the "Information Memorandum" released by Obama.
We find that the July 12 Information Memorandum issued by HHS is a statement of general applicability and future effect, designed to implement, interpret, or prescribe law or policy with regard to TANF. Furthermore, it does not come within any of the exceptions to the definition of rule contained in the CRA.

Accordingly, the Information Memorandum is a rule under the Congressional Review Act. Accordingly, given our conclusions above, and in accordance with the provisions of 5 U.S.C. § 801(a)(1), the Information Memorandum is subject to the requirement that it be submitted to both Houses of Congress and the Comptroller General before it can take effect.
But it wasn't presented to Congress. It wasn't passed by both houses. This Executive Order cloaked as a "Memorandum" is illegal. It's not a law and Obama can't do it. But he whipped out his magic lamp and he did it anyway.

Now, you start putting all this together with Obama's legendary narcissism, his disdain for entrepreneurs who "didn't build that," his desire to spread the wealth around a little, his unremitting desire to raise taxes on the rich—especially rich oil companies—suddenly ominous crystals of dark intent start settling out of this murky solution.

He doesn't put his hand over his heart during the National Anthem! He tosses his flower nonchalantly and with clueless disregard at the Ground Zero Memorial! Is the President of the United States a patriot? It seems unlikely. It is with the most horrible dread that I imagine another four years of Obama doing anything and everything he wants, as though his Executive Order can do anything, can grant any wish like some kind of genie's magic lamp. Will he step down? Will he hand off those magical powers he's granted to himself?

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