Thursday, March 19, 2009

Which Part Of The Constitution Will Obama's Administration Trample Next?

While riding his express train to socialism, Barack Obama's government is rushing headlong to trounce the Constitution, Amendment by Amendment, and Article by Article at a time, and make us more Europeanly French. Here's his hit list in just his first two months so far.

First Amendment: Congress shall make no law...abridging the freedom of speech. It's just not nice to criticize the chosen one. He doesn't like to be called a socialist, he doesn't like his plans to be panned, and he has told the press just that. Senator Debbie Stabinaw, from Michigan, has said that now is the time for "accountability" in talk radio, which is censorship in plain English. In an attempt to kill the messenger of bad news, she and other Obamaphiles are pushing for the return of the "Fairness Doctrine" to silence conservative talk show hosts. So much for the First Amendment.

Second Amendment: ...the right of the people to keep and bear arms , shall not be infringed. Hello HB 45, Assault Weapons Ban, other dangerous plans to make gun ownership difficult, expensive, or impossible. Goodbye second Amendment.

Fourth Amendment-The right of the people to be secure in their persons, houses, papers, and efects, against unreasonable searches and seizures, shall not be violated.
Obama's Justice department believes that the Fourth Amendment prohibition against unreasonable searches and seizures is not applicable to cell-site information mobile phone carriers keep in their customer's records. Goodbye privacy in private phone calls.

Tenth Amendment: The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people. Obama's "stimulus" plans will force individual states into unacceptable long term spending to keep them running when the fed's money runs out. Some governors believe that Obama's brand of hope means an expansion of federal government that is intolerable. Over 20 states have either proposed or passed resolutions affirming their sovereignty under the Tenth Amendment. Some are refusing government money. Socialism can't be implemented where there is independent thought. Goodbye 10th Amendment.

U.S. Constitution, Article I, Section 10:
No state shall pass... any law...impairing the Obligation of contracts. Note that the word "Obligation" is emphasized by capitalization.
The simplest definition of a contract is that its an agreement where each contracting person promises another person that he will be bound to do something for the other in return for something. Contracts create certainty in business. people are free to put whatever they want in contracts as long as the terms are legal.

The Contract Clause prohibits States from passing laws that impair contracts. This clause is to make sure that the law is applied in a way that gives us certainty in business obligations that are mutually agreed to. Contract obligations are impaired when they are made invalid, or released, or extinguished. The Federal Government is trying to impair contracts exactly like the states are prohibited from doing.

This is a painful one. Like it or not, there is a legally binding contract between AIG and its executives to pay them bonuses. AIG made lots of mistakes leading them to today. One of those mistakes was not to base the bonuses on performance. This provision was not illegal when it was made. The contracts are legally binding and the government has known about their existence for months. But, like a child who has broken something and wants to put off telling mom as long as possible, the Feds didn't say anything about this till now. AIG bonuses are an abomination, but we are stuck with them under our system of contracts.

Some legal experts believe that Congress' passing a 90% tax on these bonuses are illegal as being a Bill of Attainder, prohibited in Article I, Section 9, and/or a violation of ex post facto laws. But, mere legalities don't deter those under Obama's dictate.

The entire system of capitalism is based on the right to contract. Take away the right to contract, and capitalism is dead. But isn't this exactly what the Obama administration wants to do in driving us to socialism? Obama is feeding on an entire class of people to hate...big corporations and those who make too much money.

Senator Chris Dodd put a provision in the pork bill that specifically diluted the executive pay provision of companies receiving bailouts at the urging of the Treasury Department. That would have prevented AIG bonuses. It appears that no one in Obama's government knows what anyone else is doing in the unorganized rush to a socialist state. Goodbye to the right to contract.


Anonymous said...

i think people need to buy guns now and stock ammo. the end is coming and coming fast. we as americans have the right to beilieve what we want and stand our ground. socialism is not the answer. the anti christ is here and his name is obama.

Anonymous said...

Speaking as a libertarian, many republicans just sound plain crazy these days. Take every single one of these examples above:

First Amendment: Equating a Michigan senator's comments to the general policy of the Obama administration?

Second Amendment: HB45 does not make gun ownership difficult, expensive, nor impossible.

Fourth Amendment: Without knowing any better, and apologizing in advance if I'm incorrect, I'm going to assume the writer was ardent supporter of the Bush administration. Did the writer complain about the gross infringements upon the Fourth Amendment perpetrated by that administration? The example here pales in comparison to those misdeeds. Or did that stuff not matter because the "radical Islamist boogeyman was gonna get us" if we complained?

The contract clause stuff: So 300 million taxpayers are pissed off that their tax money is going to reward criminal negligence with 6,7, or 8 figure bonuses, the administration does damage control by addressing it, and this means the administration is trying to do away with contractual law in general?


As a libertarian, I'm everything the republican party is supposed to be but isn't anymore, and let me tell you -- foaming-mouth vitriol half-truths like these is not helping the conservative cause.