In 1863 Abraham Lincoln stated “The world will little note, nor long remember what we say here, but it can never forget what they did here.” at Gettysburg. With much gratitude the world did note and remember the sentiments of Gettysburg and much of everything Lincoln did to emancipate slaves in America, following the example of British legislators and further establishing an example and standard for many other countries in the ensuing years.
The US Constitution was carefully constructed to have a balance of powers, with three branches of government – Legislative, Judicial, and Executive. Professor Jonathan Turley (http://jonathanturley.org/latest-column/) is repeatedly warning of a 4th branch of government: bureaucracy. The concern is the encroachment on the carefully crafted work of the Framers of our Nation in the Constitution.
Professor Turley’s points are well taken but even if we were to scoff or ignore the potential of a “fourth branch of government” the noise and attention should be even more appropriately directed at the usurpation of power the Judicial branch is being granted.
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Take for example the emotionally wrought issue of alternative marriage. The California voters overwhelmingly stated at the ballot their sentiments. Yet the 9th district court overturned the will of the people. No one seemed at all concerned about this – in light of the emotional entanglement of the issue. Clearly the issue being missed is the devaluation of the power of the ballot AND THE USURPATION OF POWER BY THE COURT. Piece by piece voting is being devalued. Electioneering via Town Hall meetings. Lack of validation of voter legitimacy (aka ID). Special Elections being held ad nauseam so we yawn and miss them
June 2011 a widely reported, but now apparently forgotten, action took place in DC concerning War powers. Rather than challenging the President via Constituional channels 10 Congressmen filed a lawsuit against the President. Now as far as I know said issue is supposed to be dealt with by Congress IN CONGRESS and if necessary ultimately via impeachment. This was the issue with Nixon and Clinton - the ability to lock up a President in Court was challenged as unconstitutional, rather those actions and illegalities were supposed to be dealt with by Congress, by the Senate, by process including impeachment . Clearly no one DARED start impeachment in June of 2011 – the circus was getting started for 2012 campaigning. So what does one call it when a lawsuit is filed to basically thwart…ward off further objections? Collusion
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So what happened to the BIG LAWSUIT filed by a group of Congressmen against the President? NOTHING. What happened to Kucinich vs Obama BY November of 2011 it disappeared. Period. Not really. Kucinich’s district was remapped so he lost his seat – let that be a lesson to anyone who challenges the President in Court.
The lawsuits alleged President Barack Obama violated the Constitution and the War Powers Resolution of 1973 by neglecting to seek congressional approval for the government’s involvement in the Libyan war mission.
Josh Gerstein of Politico wrote an interesting piece, November 2011, about the dismissal:
Just as President Barack Obama was in the White House Rose Garden Thursday afternoon touting the death of Libyan strongman Muammar Qadhafi, a federal court dismissed a lawsuit ten members of Congress filed in June challenging Obama's right to keep U.S. military forces in the NATO campaign that contributed to the fall of Qadhafi's regime and his ultimate demise.
In a 23-page opinion, U.S. District Court Judge Reggie Walton ruled that the lawmakers lacked standing to challenge the military campaign in large part because they had and have the opportunity through legislative action to shut down the Libya operation. "They have not demonstrated that they are without a legislative remedy," Walton wrote.
But Walton didn't leave it there. He noted that Rep. Dennis Kucinich (D-Ohio), the lead plaintiff in the suit, filed and lost a similar case in 2002 over President George W. Bush's withdrawal from the Anti-Ballistic Missile Treaty. Walton went on to zing Kucinich and the other lawmakers for, in essence, wasting the court's time.
How is it Congressmen are trying to give the Courts their responsibility? Are too many of them like Senator McCain, preferring to gamble their responsibility …to play poker? And more importantly when will the Freedom of Americans outlined in the Constitution via the checks and balances of THREE BRANCHES of GOVERNMENT be submerged by poker playing Congressmen and Senators?
