web analytics
July 29, 2015 / 13 Av, 5775
At a Glance
InDepth
Sponsored Post


A Disdain For The System

Recent events, including some decisions of the United States Supreme Court reversing over-the-top arrogations of power by President Obama, underscore that the president’s passion for furthering his vision of what’s good for America is not tempered by a healthy regard for our constitutional system of government.

Indeed, he seems to resent being restrained by the Constitution’s prescription for the separation of executive, legislative and judicial power. He constantly seeks to assume a legislative role when Congress doesn’t do his bidding, and we still recall his public rebukes of conservative members of the Supreme Court.

Most strikingly, the court ruled 9-0 that Mr. Obama could not unilaterally declare Congress to be in recess. The president had done just that, when Congress adjourned for a short time and held only rump sessions, so that he could exercise his constitutional power to make recess appointments and avoid having to get Senate approval, as the Constitution ordinarily requires.

To be sure, his efforts to get such approval had been stymied by recalcitrant Republicans. But the solution was unprecedented and inconsistent with the constitutionally prescribed separation of powers, as the Supreme Court held.

Similarly, there is ample Supreme Court precedent relating to the First Amendment as well as legislation to the effect that freedom of religion is high on the list of American values and could not be infringed upon unless there were compelling reasons and no less onerous infringement available. Yet President Obama pushed the idea that religious beliefs against contraception were automatically trumped by his determination that employers would have to pay for contraception insurance even though other, more accommodating, approaches were available. The Supreme Court rejected the president’s position on that as well.

Another example of Mr. Obama’s overreach is his effort at immigration reform. It is no secret the president is furious with Republicans in Congress for blocking his efforts to change immigration laws. But Congress is not budging. So Mr. Obama just directed Homeland Security Department Secretary Jeh Johnson and Attorney General Eric Holder to come up with executive actions he can take without congressional approval by the end of the summer. Once again Mr. Obama is seeking ways to get around the constraints of the separation of powers.

This approach to governance is nothing new for Mr. Obama, who in 2001, when he was an Illinois state senator, said:

 

If you look at the victories and failures of the civil rights movement and its litigation strategy in the court, I think where it succeeded was to invest formal rights in previously dispossessed people, so that now I would have the right to vote…. But the Supreme Court never ventured into the issues of redistribution of wealth, and of more basic issues such as political and economic justice in this society. And to that extent, as radical as I think people try to characterize the Warren court, it wasn’t that radical. It didn’t break free from the essential constraints that were placed there by the founding fathers in the Constitution, at least as it’s been interpreted, and the Warren Court interpreted in the same way, that generally the Constitution is a charter of negative liberties. It says what the states can’t do to you. It says what the federal government can’t do to you, but doesn’t say what the federal government or state government must do on your behalf.

 

Whether one agrees or disagrees with President Obama’s policy goals, it’s hard not to be uneasy about his cavalier dismissal of the American way of government.

 

 

About the Author:


If you don't see your comment after publishing it, refresh the page.

Our comments section is intended for meaningful responses and debates in a civilized manner. We ask that you respect the fact that we are a religious Jewish website and avoid inappropriate language at all cost.

If you promote any foreign religions, gods or messiahs, lies about Israel, anti-Semitism, or advocate violence (except against terrorists), your permission to comment may be revoked.

No Responses to “A Disdain For The System”

Comments are closed.

Current Top Story
An F-16 fighter jet takes off from Ramat David air force base.
Alleged Israeli Air Strike Kills 5 in Syrian Golan Heights
Latest Indepth Stories
Pres. Rivlin and PM Netanyahu with the justices of the Supreme Court

In Israel, the judiciary has established itself as superior to ALL other branches of the government.

huckabee oven message

Cavalier analogies to the Holocaust are unacceptable, but Huckabee’s analogy was very appropriate.

Dr. Phyllis Chesler

Pollard was a Jewish-head-on-a-pike for all American Jews to see and to learn the explicit lesson.

Obama on Iran Deal

If the Iran deal passes, Obama’s WH becomes world’s leading financier of terrorism against Americans

{Originally posted to the author’s website, FirstOne Through} Some passionate and eloquent liberals have bemoaned the state of inclusiveness among Jews today. Leon Wieseltier, editor of the New Republic penned an angry piece “J Street’s Rejection Is a Scandal” about the exclusion in 2014 of J Street from the Conference of Presidents of Major American Jewish Organizations. […]

Magnanimity by Moshe Dayan, allowing Muslim control of the Temple Mount, led to today’s situation.

It was modeled upon a similar fund that had been set up by Sephardic Jews in Venice. But Amsterdam’s Dotar was initially more ambitious in scope.

Rav Aharon Margalit is a bestselling author – his book, As Long As I Live, has been translated into four languages – and a standing-room only lecturer. Both religious and non-religious audiences flock to hear him. What makes him so extraordinary? Rav Margalit is a Chasidic Jew who experienced incredible challenges from a very young […]

J Street is the vanguard (Jewish face)in support of Obama’s Vienna Accords Nuclear Deal with Iran

“I hold the woman’s place over that of men in every fundamental aspect of public and private life.”

The US-UNRWA accord is another example of this White House, hostile to Israel, disregarding truth.

On the saddest day on the Jewish calendar, Tisha B’av, a reflection on the dangerous deal with Iran

The Kotel gained significance around 1550. Previously, many Jews prayed on the Temple Mount itself.

All Jews MUST stand together to oppose boycotts against Israel. So why does NIF & JCF support BDS?

This year it is hard to concentrate on anything but Iran building nuclear weapons to destroy Israel

Bibi failed the moment he transferred Israel’s Iran problem to the international arena.

More Articles from Editorial Board

Mr. Kerry may or may not be genuinely disturbed and troubled by the Iranian leader’s continued belligerence. With the deal completed, that’s not even a matter of concern anymore.

Mr. Silver’s legislation changed the primary date to April 19, which avoids any conflict. And, we are happy to say, he received the support of Republicans in the legislature for changing the date.

The issue of the Chief Rabbinate’s control over conversions and other life-cycle matters has long been a contentious one.

Can adoption agencies limit the placement of children to heterosexual couples only?

The court’s finding that the president has exclusive jurisdiction in recognizing foreign countries might have been be apt if the issue at hand were a congressional attempt to grant recognition to “Palestine” as a state.

It wasn’t too long ago that Mr. Erdogan, in his determination to burnish Turkey’s credentials as an Islamist state at the cost of the secularism that had brought much economic and political success to Turkey, upended his country’s decades-long cooperative relationship with Israel.

Does the pope really believe that Father Dehon’s destructive anti-Jewish calumnies do not disqualify him from the highest honor of the Catholic Church because in his time everyone did it?

There was something else of great importance in play – something we would have liked to see him take into account before deciding to stand with the boycotters.

Printed from: http://www.jewishpress.com/indepth/editorial/a-disdain-for-the-system/2014/07/02/

Scan this QR code to visit this page online: