Monday, January 9, 2012


America is about to face another full year, hopefully the last, of the Obama regime’s affronts to our founding father’s principles and the canons of the Constitution. In fact King Obama has kicked off 2012 in fine form thumbing his nose again at the Constitution by appointing Richard Cordray to serve as director of the new Consumer Financial Protection Bureau (CFPB), an outgrowth of the Obama-led Dodd-Frank bill that empowers the federal government to pick financial institution bailout winners and losers. Seem familiar? Just think Solyndra. Mr. Obama enjoys playing Russian roulette with America’s economy.

Mr. Cordray is Mr. Obama’s latest big brother czar-like leader to social engineer America’s economy. The problem is the monarch-in-chief appointed Mr. Cordray in violation of the Constitution. Mr. Obama, who laughably claims he taught constitutional law as his only real former job, appointed Mr. Cordray without senatorial approval while the Senate was still in session. That my friends is unconstitutional and also flies in the face of the Senate’s long-standing role to advice and consent on presidential appointees.

The monarch-in-chief ignored Article 1, Section 5 of the Constitution which requires the House of Representatives to consent to a Senate recess, which it did not, and only during a House approved Senate recess can the President appoint and fill vacancies in his administration without Senate approval. But give Mr. Obama credit because when he thumbs his nose at his sworn duty to uphold the Constitution he does it with both thumbs. Our royal highness not only appointed Mr. Cordray illegally, but also three new members of the National Labor Relations Board (NLRB). We’re all very familiar with the NLRB, aren’t we? That is the taxpayer funded union guardian; the job killing bureaucracy that told Boeing it couldn’t transfer production facilities and hire workers in South Carolina.

But if Mr. Obama believes he is above the Constitution and doesn’t embrace America’s founding principles that doesn’t mean the rest of America should follow suit. David Azerrad of the Heritage Foundation offers up four concepts to master as a quick and easy new years resolution for appreciating some important core founding principles. 

1. Speak of Federalism, not “States’ Rights” 
States don’t have rights. People do. States have powers. Nowhere in the Constitution are states said to possess rights. Congress has certain powers, clearly enumerated in Article I, Section 8 of the Constitution, and the conservative-favorite Tenth Amendment makes clear that all the other powers are reserved to the states. If you’re concerned about federal encroachments on state sovereignty or the erosion of federalism then speak of federal encroachments on state sovereignty or the erosion of federalism. 

2. Resist the Nullification Temptation 
Are you unhappy with the constitutional abomination called ObamaCare? Good. Now encourage the repeal of the law or wait and see what mood Justice Anthony Kennedy will be in next June when the Supreme Court rules on the constitutionality of Obama Care. Nullification is blatantly unconstitutional. As James Madison pointed out in 1798, 1800 and again during the Nullification Crisis of 1832, individual states do not have the power to unilaterally declare federal legislation unconstitutional. They have the power–in fact, the duty–to challenge laws they deem objectionable, but this must be done within the existing constitutional framework. 

3. Isolationism is un-American 
As a nation dedicated to the universal truth of human equality, America simply cannot withdraw from the world and be indifferent to the fate of liberty. American exceptionalism is fundamentally incompatible with isolationism. More so than any other country, we have a duty to stand for liberty. The Founders were not isolationists. The Heritage Foundation’s Marion Smith has written the definitive refutation of this bogus argument in “The Myth of Isolationism.” There is a middle ground between naive isolationism and crusading interventionism: a distinctively American foreign policy, anchored in the principles of the Founding, that secures our interests all the while upholding our commitment to liberty–a commitment which need not necessarily translate into military interventions. 

4. Equality is not a four-letter word 
No word is more central to the American tradition than equality. Equality is the first self-evident truth proclaimed in the Declaration and ours is a country “dedicated to the proposition that all men are created equal.” By this, of course, we mean equal natural rights and the equal opportunities afforded by free markets and the rule of law. The real tragedy of inequality in America is not that some earn more than others. Rather, it is that big government breeds what Paul Ryan calls a class of bureaucrats and connected crony capitalists trying to rise above the rest of us, call the shots, rig the rules, and preserve their place atop society.” Let us therefore reclaim the mantle of equality from those who’ve perverted it in the pursuit of equal outcomes. 

So there we have it, four fundamental concepts that serve as a good starting point for appreciating America’s founding principles. If we can resolve to grasp these concepts we may be light years ahead of the respect accorded the current occupant of our White House towards America's founding principles.

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