Politics

The Rise of the Executive-Administrative State

obama (5)From – dailysignal.com – By Randy Barnett

In Jan. 2012, an interviewer from the Univision Spanish-language TV network asked President Barack Obama why he was continuing to deport illegal immigrants from Mexico and elsewhere. He replied that this was “because that’s the law that’s on the books right now. And the way our system works, the president doesn’t have the authority to simply ignore Congress and say, we’re not going to enforce the laws that you’ve passed.”

A few moments later, he added that the president can’t “just wave away the laws the Congress has put in place. . . . And until we get comprehensive immigration reform, there’s going to continue to be heartbreaking stories. That’s what we’re trying to change. But ultimately the way we change it, is we’ve got to change our politics.”

In giving this response, President Obama was displaying respect for the separation of powers. He was recognizing that, under Article I, “all legislative” or lawmaking power granted by the Constitution is vested in Congress. And, under the Take Care Clause of Article II, Section 3, the president “shall take Care that the Laws be faithfully executed.”

Recently, however, the president has engaged in numerous acts that seem to run afoul of this basic principle. He or his cabinet officials have waived key provisions of the Affordable Care Act that might prove to be politically unpopular.

When Congress refused to enact the so-called Dream Act, legalizing whole categories of now-illegal aliens residing in the United States, the president adopted an enforcement policy that emulated the terms of the act, administratively exempting tens of thousands from deportation.

Very recently he issued sweeping executive orders to do even more to implement immigration policies he formerly had conceded required congressional action. President Obama negotiated an important and highly controversial agreement with a foreign power that he refused to submit to the Senate for its advice and consent, but is implementing unilaterally.

These actions by the president constitute an end run around our Republican Constitution’s separation of legislative and executive power. Although it may be fictitious to claim that Congress represents the “will of the people,” the fact that Congress is elected does provide a potentially important check on the abuse of government power by the president.

The electorate cannot remove a president from office until his or her term expires. But they can vote for representatives who will rein in the president’s policies. Conversely, they can vote for a president who will use the veto power to block congressional action.

In this way, the liberties of the people can be protected by the structure of the government, and by the different constituencies that vote for different offices in different elections. When he defended his unilateral actions by claiming a mandate from his election by a majority of the people, President Obama was invoking the mantra of the Democratic Constitution to override the structural constraints on power provided by our Republican Constitution. In this effort, he has not been alone.

The president was encouraged by the then-Democratic majority leadership in the Senate and by the Democratic minority leadership in the House. After 2014, he was encouraged by the Democratic minority in the Senate, who would exercise their filibuster power to prevent congressional reprisals.

In this way do the Democrats in Congress put their adherence to the Democratic Constitution ahead of their commitment to their institutional role in the separation of powers. Just like the progressives of old abandoned their fealty to judicial restraint when they gained control of the courts, congressional Democrats favor their current policy ends over their previous assertions that Congress represented the will of the American people.

Indeed, whenever a president seeks to exceed his powers, he is likely to be supported in his efforts by his partisan allies in Congress. The president has what Theodore Roosevelt called his “bully pulpit” to rally public support for his actions. And, if his party controls one or both houses of Congress, congressional resistance is difficult to mount.

Yet, even when Congress concurs in presidential encroachment on its legislative power, this is a problem. The powers of the national government are not separated to protect the prerogatives of Congress; they are separated to secure the sovereignty of the people. So, even when supported by members of the legislative branch, any breach of the Republican Constitution’s separation of powers is dangerous.

Nevertheless, the separation of powers is a vital means to avoid the tyranny of arbitrary government in which discretionary powers are wielded by some against others. As the 1780 Massachusetts Constitution, drafted by John Adams, famously affirmed:

In the government of this Commonwealth, the legislative department shall never exercise the executive and judicial powers, or either of them: the executive shall never exercise the legislative and judicial powers, or either of them: the judicial shall never exercise the legislative and executive powers, or either of them: to the end it may be a government of laws, and not of men.

Conversely, when the separation of powers is overridden, the result is a government of men and not of laws.

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John Bushman
5 years ago

Well stated. Our current congress is a body of followers because the PINO Obama has wrapped his followers around his finger with his ‘great’ programs. God help us is we get more of the same after this next election as we could see each state start to slide into being a Puerto Rico tragedy.

Ice Bonner
5 years ago

While Obama is a resident of the White House, he does not represent me or many others. He is far from being President of the people , for the people but president for himself and all that is NOT American. How anyone but illegals and GLBTG could support this poor excuse for President I don’t know. Hillary is just another Obama with a vagina. America needs someone like Trump who will protect America and it legal citizens while upholding the Law. We need term limits to rid the coumtry of worthless politicians who are only out for themselves. This goes also for the Supreme Court that has been corrupted.

vernon
5 years ago

Trump has no one he needs to bow down to, as most political trash. We need some one who has an attitude like Trump. We need more border protection. We need to stop all the free goodies to illegals and lazy as—s. We need to stop borrowing money and giving it to our enemies or terrorism will never cease. O promised many things for our country and has completed maybe 20% of them. He is radical liar. Look at cabinet, how many are of the American way of life. The minority people, mostly illegals and unwanted foreign
terrorist. not all but certainly most. Our children are being taught garbage. no American history or American beliefs. They are being taught other sect religons and being
brainwashed that the American way is wrong. If we stop spending money on freeloaders {Whom vote democrat } because they only care for themselves and want to keep getting those freebees. They don’t have the intelligence to see what is happening to our country. The no show coward republicans are not helping the situation either. Seems they
are scared sh–less. They let o and hippy get by with everything. What happened to the email and Bengazi investigations? i’m telling you now that o is a rasist liar to our country and the American citizens. as is m. I don’t know who is worst leader, o or carter. The foreign people are correct when they say “American people are stupid” . I have heard this many times as I was in the navy for 20 years. This voting year I,m voting for any candidate who is not a lawyer or political assoc. now, Hillary is just plain [EVIL]. I doubt she has ever told the truth. She will do anything to get elected, evil or otherwise. Been done in the past. The only person logically to vote for is the lone wolf Trump. I pray to GOD that when he is elected, he will do all he has said. I am sure that America is ready to get back to being America and a strong nation and get rid of the deficit. God bless you all and may God bless all of you. GO TRUMP.

Liberty-Belle
5 years ago

There’s nothing new for a people group to cry out for a ‘king’.

Too bad “conservatives” fail to see (or admit) they helped create the frankensteinian monstrosity of “BHO”! True discernment should have revealed the sweeping overreach by Bush/Cheney. I wondered why “republicans” weren’t more concerned about what the next (less principled?) guy would do in office after they reshaped the power structure?

This is the trouble with tribal mentality in D.C…. “as long as it’s our guys, our team, that breaks the rules” its ok?

We get the government we deserve.

EAMT
5 years ago

Years ago we were warned about the indoctrination system known as ” public education.” Too many of our children have been miss-educated by leftists who have controlled schools. As a people we have drifted away from Bible based values and succumbed to secular humanism. By turning our children over to the state and neglecting our duty to “direct the upbringing of our children” we are reaping a bitter harvest. Politicians are only partly to blame. Sadly, I fear the worst is yet to come.

NSH
5 years ago
Reply to  EAMT

You are right on.

Bruiser
5 years ago

This is just another way this man is stomping all over the constitution. I don’t call him President O, and never will. I’ve lost respect for the office since he’s been in there. He has torn down the principle values this country was built on. Our forefathers must be rolling over in their graves at what this man has done in 7 1/2 years.

EAMT
5 years ago

Where can I find copies of “the Republican Constitution” and “the Democratic Constitutions?” There is only one Constitution.

Liberty-Belle
5 years ago
Reply to  EAMT

We have a Constitutional Republic one that guarantees to every state in the union a ‘republican form of government’ https://www.law.cornell.edu/constitution/articleiv

The founders warned against democracies referring to them as; ‘the vilest form of government’, ravenous, bloated, eating itself from within etc. Technically, because there are only three forms of government: Monarchy (rule by one), Oligarchy (rule by a few) and Democracy (rule by many) our (‘we the people’) constitutional republic does come under the democratic form. But that’s where the description ends.

Our constitutional republic is very special (or used to be). It was designed to bind the newly created federal government, limit it’s powers and very strictly to the scope WRITTEN in the constitution. This respected where the real power came from, that of the individual and was to honor the state governments, the government closest to “we the people”, etc, etc.

Ice Bonner
5 years ago

This action by Obama is long over due as in his earlier days in Chicago he was know as “Bath house Barry”. This POS is a disgrace to the office he holds. If O feels the way he says, all boxes on government form depicting gender should be removed as he feels there is no difference. The only thing worse than O, are the idiots who voted for him. Hillary is another O in a pant suit. I sometime wonder what gender Hillary aspires to. Certainly not a woman as she sometimes wears a clown outfit over her pants. Is it because she had a sex change operation ? The Democratic Party has gone insane with who represents the people.

Emily
5 years ago

In an attempt to break our morale & thus control us, O has recently intruded into the most private areas of our lives: bathrooms & locker rooms. Men do not belong in women’s bathrooms/locker rooms. Period. Little girls should not be forced to shower with naked male strangers. Teen girls should not be forced to undress with teen boys present. Women should not be robbed of their instinctive modesty. A man cannot become a woman, no matter how much cosmetic surgery he has. If O can make us agree, he knows he can force us to say/do anything. Next victim class: pedophiles? First women, then gays, now transgenders, next…??? This is larger than just one “victim” class. This is a technique. This is truly mind-control. Stand up. Fight back. Support N. CArolina. Support state of Washington: Just Want Privacy. org. I do, especially for the sake of my grandchildren.

Davidme
5 years ago

Have “We The People” Had Enough Of The Obomer Agenda To Destroy Our Freedoms, Our Constitution And AMERICA ?!?! Where The Hell Are Our Duly Elected Congressional Representatives?!?! They Were All Sworn Into Office On The Bible, Not The Qur’an, To Protect Our Constitution, Our Freedoms And America !!!! They Have Done Nothing And Are Continuing Doing Nothing To Stop All The TYRANNY Coming From Our Oval Office !!! Why Is This TRAITOR Obomer Still In Our Oval Office ?!?! I For One Have Had More Then Enough Of This Radicalized TYRANNY!!!! He Will Continue This Onslaught Until He Finishes His Goal, Being The Final Demise Of Our AMERICA !!! There Seems To Be Far To Many RINOs, Socialistic Leaning Elected Representatives In congress Who Seem More Then Willing To Either Look The Other Way, Paid To Look The Other Way And/Or Threatened !!! They Are Also More Concerned With Their Own Self Interest In Being Re-Elected And Likely Gutless To Defend Our Constitution, Our Freedom And AMERICA !!!!

Wake Up America before We End Up With Our FIRST muslim/islamist Dictator and Chief !! We Must Rise Up And Take Back Our AMERICA !!!

PLEASE CALL 1-855-827-2351 And Contact Any Or All Elected Representatives and Republican House Speaker Paul Ryan (202) 225-3031 and Senate Majority Leader
Senator Mitch McConnell (202) 224-2541 !! Tell Them To Step Up And Aggressively Fight Against The Obomer Regime, Agenda And Tyranny Or Get Out Of Washington !!!! Join The Tea Party, Judicial Watch at judicialwatch.org, The Freedom Watch at freedomwatch.org and Convention Of States (COS) at conventionofstates.com

MAY GOD HELP US ALL SAVE AMERICA, OUR CONSTITUTION, OUR FREEDOM AND OUR RELIGIOUS FREEDOM ( EXCEPT FOR ANY EVIL RELIGIOUS BELIEF AND/OR CULT BELIEF AGAINST HUMANITY ) !!!

Allen
5 years ago

It is a sad day for our country and us as citizens when the people we have sent to represent us in the government are unwilling to even try to do that. They sit there in their fancy offices and laugh at the unwashed bumpkins who think that the Constitution should be the supreme law of the land. The politicians need to be reminded that they work for us. They do not have the right to rule over us and we should be very angry at their presumption. Vote in replacements for all of them this year. Diapers and politicians should be changed regularly, both for the same reason.

Roger W
5 years ago
Reply to  Allen

I agree, and that includes the traitor Paul Ryan and every person in the Legislature that voted for the omnibus budget bill that gave Obama everything he wanted.

Donl
5 years ago

I’m convinced Obie & Hilly want to control our lives. They both hand-out “bits” of Dictator and Tyranny messages to the people. They especially are trying to convince our children Socialism / Communism is the way to go. The same teachings they use in Socialist Countries. The younger generation know nothing of our History, that is why it is easy for them to “Brainwash” them.

Rik
5 years ago

We are supposed to be a nation of laws. Now the law matters little unless it can be perverted for ones own benefit. We were once a nation of hard working people guided by principles, our Constitution, our Bill of Rights, our Declaration of Independence. Now we are a nation run by a bunch of pompous, arrogant, slick talking buffoons. Who are these people who use their verbal charm to attack, cajole, or just use their executive power or authority to bully our once guaranteed freedoms to suit their own personal viewpoints??? They dominate every aspect of our society now, these slick talking snake charmers. Who are they? They dominate and make up our politicians, our government agencies, our judicial system, and now even our journalists. They are the purveyors of reasonable doubt, they have infected all levels of our ruling government, local, state and federal. They have never done a physical, hard days work once they’ve received their diplomas yet they wish to determine how all the rest of us should live. Incidentally, to serve them and their intellectual brilliance. THEY ARE ATTORNEYS! … They make up the majority of our politicians, they are the majority of government employees, a citizen can’t win in a Court of Law without being represented by one, and now our talking heads in the media are dominated by attorneys posing as journalists. Think not? Just turn on Fox News and almost every one of those “pretty” female anchors or co-anchors are attorneys. When Obama foisted Obamacare on us, who did he first “employ”? … 12,000 attorneys to be added to the IRS that’s who! What’s the IRS have to do with our health care??? … Doesn’t the IRS audit our tax system? Shouldn’t auditors be accountants? I’ll bet attorneys make up more than 50% of all government employees! … “We the People” have been had! We might be better governed by our military, but I wouldn’t be surprised if that’s been infected with attorneys also.
Our churches are not filled with attorneys, people, yet they are the biggest sinners out there. You can’t be a “good” Christian, attend church each week, and not have a guilty conscience. You’ll notice that most of our politicians claim to be “Christian” for our votes but never are seen even close to a Sunday Worship Service even once after elected. In the past, you could count on them showing up to be seen at Christmas or Easter, but not now. They don’t even pretend they’re Christian, just look how they’re attacking our religious liberties.
People, we’ve been had! … It seems that all our candidates, both parties, every office are attorneys. Some choice! Pick your poison. … That’s why I won’t vote for ANY attorney candidate 99% of the time. There are exceptions, I believe Ted Cruz was one. Just his stance on closing the IRS would have eliminated thousands of these purveyors of evil.

We need Revolution, and you can start with eliminating ALL the attorneys!!!

Charles Lopresto
5 years ago
Reply to  Rik

You will probably notice that the Obama administration, and its extension with Hillary, is 100% totally political in its decisions on how and what laws to enforce and which laws to ignore. They go after states like North Carolina, Texas, and Arizona, as states that supposedly violate the laws and need to be sued or penalized. And those states happen to be red states. But they ignore the law or support cities and states that violate the law when those administration districts happen to be blue. It is OK for San Francisco to be a Sanctuary City violating federal laws. The crime in Chicago is ignored because it is crime perpetrated against Blacks by OTHER Blacks. If the murders were caused by White, skin-head thugs instead of Black drug dealing thugs you would have a whole different response. Cities like Baltimore, Philadelphia, Newark, Detroit, and Chicago are run by Obama supporters and, as in the case of Rham Emanuel, a close friend of Obama. So if you are not sure how Obama and Company will come down on defendants, just look at the color of the district, or whether there is a “R” or a “D” behind their name.

Ken
5 years ago

In the last couple of days (12-14 May) there has been a spate of these articles about Obama being in the deportation game. Total bunk. I don’t believe anything any of these articles say. I sense it is a large red herring gambit to maybe: get conservative votes for Hillary? Not too much chance of that, I hope. Ah yes, so many clever serial liars all in the same boat about to tip over, all diligently at work trying to fool all mankind with their lies all the friggin’ time. These people are repugnant and perverted – i.e., Obama, his cabinet, water carriers, strap hangars, camp followers, hangers on, loosely defined Muslim relatives, adoring Obamaphone users, ad friggin’ nauseam. They must have had a “secret” session and thought, hey, let’s pretend Obama is being dissed by fellow DEMs since he is so actively deporting illegals. What clap trap. A total con job. They even have Harry Lunatic Reid out there pretending he is ticked at Obama. What disgusting frauds these people are and have been every minute they have been in power. IN advance let me say: just leave we’ll get the lights for you.

Mike
5 years ago
Reply to  Ken

Ken – try to focus on the point of the article here. Whether Kool-Aid drinkers (such as yourself) believe your little demi-god Obama has been violating the law or not is irrelevant. Just this week a Federal Court found his administration to be in violation of the Constitution for inappropriate use of tax-payer monies to prop up Obamacare. That decision alone supports the premise of this article but the decisions that are to come will show the totality of the egregious and lawless acts that this president has perpetrated in the violation of his oath of office. When the courts rule on his enacting the Dreamer Act that Congress also refused to approve, he will be truly shown to be the despot he really is – perhaps even to disbelieving fools like you – bless your heart. Your emperor has no clothes Ken, no matter how much you, or those like you, wish differently.

Lacy
5 years ago
Reply to  Mike

Mike, I don’t understand your attack on Ken. You two guys are in the same boat. Both of you think the current administration is a lawless bunch of thugs only protecting their own interests. I agree with both of you on that.

Lacy
5 years ago
Reply to  Lacy

Oh, I forgot to mention that if Hillary is elected, we will see four to eight more years of the same tyranny.

Mike
5 years ago
Reply to  Lacy

Lacy – you are correct that I didn’t read Ken’s comment close enough but reacted to the tone of denial and what seems to be an off-topic comment. The fact remains that this article is about executive overreach (which is impeachable if the Congress had the nerve) and it does not promote Obama as being a chief executive who is interested in following the law. His majesty MAKES law – and that is the truth and not bunk!

Disruptive element
5 years ago

Obama is a serial liar saying one thing and doing another. Everything I read says he is inviting illegals in and not deporting illegals. In fact he just released a group of convicted criminals. So what is the truth and who is lying. He should have been impeached long ago and all that has happened these last 8 years of destruction has been enabled by Republicans -so that tells you they are all in also. So on that basis, he isn’t pretty, he mangles the language, and by just announcing his candidacy has shaken all the insiders up so much so that they are beside themselves along with the media to totally destroy him. I have tuned them out, all the scorched earth tactics to destroy Trump has made me decide to vote for him. If he fails and does not do what he says then it is really over for what America was because the new Democrats are communists in democrat clothing. Hillary will be more of the same. She says she is running to change things. What? They have caused this mess and we are supposed to fall for her continuation of that. God bless America.

Jim Chambers
5 years ago

The rub is that those we vote for, when they get to DC, join what Clemens called “the only true criminal class” in America, politicians.
The only solution I can see to the problem is for each state to pass legislation requiring every citizen and corporation within their boundaries to pay all taxes above the county level to the state coffers enabling the States to strangle this monstrosity into submission. Nothing less than an economic noose will work.

Rik
5 years ago
Reply to  Jim Chambers

The “true” criminal class are ALL ATTORNEYS, who prostitute their services for their fees, whether they represent the truth or not!

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