Thursday, March 17, 2011

The Looming Constitutional Crisis

In 1935, FDR was handed a defeat by the Supreme Court when it struck down a large portion of his New Deal. FDR's response in 1937 was an attempt to water down the Supreme Court by packing the court with his cronies. He was thankfully defeated in his attempt. This was seen then (and still) as a potential constitutional crisis.

Today we are presented with a similar looming Constitutional Crisis involving the Executive and the Judiciary. The Obama Administration has massively overreached both in it's attempt (so far successfully) to halt all oil and gas production from the Gulf of Mexico through a "permitorium" of slow-rolling permit applications and not approving any of them, and in it's attempt to take over 1/6th of the economy through Obamacare. In both instances, Federal courts have found the Executive branch in violation of the constitution and in both cases they were found to be in contempt of court by refusing to abide by the court's rulings. In the case of Judge Feldman's ruling concerning the "permitorium", his order was stayed by the Fifth Circuit only two days before the deadline for the Interior Dept. to act. and Ken Salazar had been quoted as saying that if the Order was not stayed, he would simply deny all of the permit applications outright. In the case of Judge Vinson's ruling concerning Obamacare, the Justice Dept filed a "request for clarification" which was really a request for a stay. Judge Vinson ordered the Justice Dept. to stop slow rolling the appeal to buy time for Obamacare implementation and to file an appeal, either to the Federal Appellate Courts or preferably directly with the Supreme Court within 7 days. As of this writing I am unaware of such an appeal being filed. It is the opinion of some observers that the Stay by the Fifth Circuit in the Judge Feldman Ruling was an attempt by the court to save face by preventing the Administration from openly defying the court.

It is clear to me and many others that the Obama Administration feels it does not have to abide by the Court's rulings. This sets up a looming constitutional crisis. If Obama does finally force the Judiciary's hand and openly defies the courts, who will make him? Who will arrest him? The US Marshall's Service? The FBI? The Secret Service? The US Military? All of them answer to Obama. The courts do not have a means of enforcing their own rulings, they must rely on the Executive Branch.

If the Administration feels it is above the law, and can do anything it likes, what is the liklihood that it will abide by a lawful election in which the administration is removed from power. Will it go quietly?

This will not end well. Mark my words.

3 Comments:

OpenID michilines said...

Hello! Do you still sit in the dark locked and loaded waiting for some boogy person?

How are the ads paying off?

Do you really think you little old white guys can make a difference?

I just thought I would check in to give you the willies.

March 22, 2011 9:24 PM  
Blogger Rorschach said...

Well well well... If it isn't the batshit crazy cat lady. Sitting in the dark? Oh no no no! In fact I helped teach a whole passel of new shooters sunday evening! You see we too, are organized. And we aren't terrified of things that go bang. Will we change things? we already have. I don't think you grasp just how much has changed. But then again, you are batshit crazy so it wouldn't do any good trying to use logic or reason with you, you don't have the capacity to comprehend logic or even right and wrong. So I will keep this REAL simple so your feeble mind can comprehend this.

Fuck Off! We WILL take this country back, and when we do, you will get everything you and your thugs have tried to use on us back, in spades.

March 22, 2011 10:19 PM  
Anonymous Anonymous said...

Who let the batshit crazies out?

As to Obama's mooning toward the Constitution I submit the crisis no longer looms, it's upon us and the courts are desperately hoping for deus ex machina salvation.

March 30, 2011 11:04 PM  

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