Topic: Constitutional Issues
Obama: No friend of the Constitution of the United States If you listen to Obama, you might get the impression that he will help right the wrongs of George Bush. Don't bet on it.by Sematary
(libertarian)
Friday, October 31, 2008
Listening to Obama speak, he talks a good game but, as with all office holders, there is a vote history and in one of the most important votes in the last year, Obama proved himself to be unworthy of the constitutional vote by voting FOR the new FISA act which grants sweeping powers to the government to listen to our electronic communications - email, phone calls, etc... without warrants or judicial oversight. His vote: http://www.govtrack.us/congress/vote.xpd?vote=s2008-168 The FACTS about the new FISA act: http://thinkprogress.org/2007/08/07/greenwald-surveillance/ The law: http://www.govtrack.us/congress/billtext.xpd?bill=h110-6304 Why did he do it? Because he wanted to pander to the "right" to make them believe that he would be tough in the war on terror: [quote]In his most substantive break with the Democratic Party's base since becoming the presumptive nominee, Obama declared he will support the bill when it comes to a Senate vote, likely next week, despite misgivings about legal provisions for telecommunications corporations that cooperated with the Bush administration's warrantless surveillance program of suspected terrorists. In so doing, Obama sought to walk the fine political line between GOP accusations that he is weak on foreign policy -- Sen. John McCain (R-Ariz.) called passing the legislation a "vital national security matter" -- and alienating his base.[/quote] http://blog.washingtonpost.com/the-trail/2008/06/20/obama_supports_fisa_legislatio.html
So, here is yet another similarity between Obama and McCain - they BOTH will be enemies of the Constitution. I urge you to vote third party and make your voice heard in this election!
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Your conclusion that Barack Obama, or ANYONE ELSE who voted for the FISA Act, is an enemy of the Constitution is about as misplaced as saying that someone who likes scrambled eggs and bacon is someone who is an enemy of BREAKFAST!
Obama is a highly-educated CONSTITUTIONAL LAW PROFESSOR and candidate for the PRESIDENT OF THE UNITED STATES. His judgment is based upon what's best for the country not some Libertarian MANTRA that anything that impairs crimes and criminals from enjoying FREEDOM FROM INVESTIGATION is bad.
Look at these credentials before you write off Obama as someone who doesn't know what he's doing:
1) Barack Obama is a graduate of Columbia University and Harvard Law School where he served as president of the Harvard Law Review. He also taught CONSTITUTIONAL LAW at the University of Chicago Law School from 1992 to 2004. His educational credentials are superior and his judgment is sound.
2) Barack Obama has been scrutinized by magazines, newspapers, radio and tv commentators, other candidates, his opposition, political blogs, and the news media for more than 21 months. Books have been written both about him and by him, innumerable articles and feature stories have covered every aspect of his life – and his family – so that he has been thoroughly analyzed, discussed, and investigated.
3) Barack Obama has been in 29 national debates, televised and broadcast by very capable questioners, he toured all 50 states and several special provinces as he went through 53 primary elections so that his views on every issue that someone wanted to question him about were analyzed, discussed, and evaluated.
4) Barack Obama has put forth very detailed, comprehensive, specific programs on 26 different subjects from energy to poverty to the (so-called) war in Iraq. He discusses each program in detail, and spells out how it will be funded on his website.
5) Barack Obama has attracted and recruited very highly-respected and capable people to assist him in running for office and to serve in his administration when he is elected. These are people with a great depth of understanding and expertise about every subject that he will face as President, both men and women.
6) Barack Obama has energized new and traditional voters to contribute more money to his campaign than any politician in history, which indicates their support, confidence, and desire to have him serve as our chief executive.
7) Barack Obama has met with foreign leaders, military leaders, business professionals, and Congressional leaders about our country’s most troubling problems. He has discussed these issues with them, and offered his opinions as to how to improve them.
8) Barack Obama, as a member of the US Senate, has had to review spending priorities, budget allocations, and government policies for every kind of national issue from healthcare to bank reform to the (so-called) war in Iraq.
And, perhaps even more important than these other items,
9) Barack Obama has NOT voted or supported the misguided positions of the rabid Republican right regarding such issues as abortion, gay rights, stem cell research, original intent of Supreme Court justices, and the (so-called) war in Iraq.
I know that these points won't make ONE BIT OF DIFFERENCE to someone who is already against Obama for other reasons ~ perhaps racial, perhaps envy, perhaps bitterness about the failure of your own candidate to have a chance in the election ~ but Obama is better EDUCATED, better SPOKEN, better INFORMED, better off FINANCIALLY, and better SUPPORTED by other people than any other candidate. He has LOTS of experience, he's been through LOTS of scrutiny, and he has LOTS of answers.
Vote for BARACK OBAMA! The RIGHT MAN for THIS TIME in our nation's history.
Obama also voted for the $700 billion bailout, along with running mate Biden and Republican John McCain. What part of the constitution says government can take money from the treasury and give it to banks or buy bank stocks? It ain't in there. This bill is flat out robbery in plain sight.
And Obama is certainly no friend of the second amendment. He claims to be supportive of it now but let's look at his record:
He supported banning many rifles and shotguns used for hunting and sport shooting. source - Illinois Senate debate #3 vs. Alan Keyes 10/21/04
Obama voted to allow reckless lawsuits designed to put the firearms industry out of business. S.397 vote 219 7/29/05
Obama voted to allow the prosecution of citizens who use guns for self defense in the home. Illinois Senate S.B 2165 3/25/04.
Thanks, Sematary. Good one. Many of us non-liberals realize that there isn't much difference in the major party candidates. You've provided specifics in support of that realization. Thumbs up!
The government can spend money ANY WAY it is authorized by Congress to do so. It can spend it on wars, epidemics, espionage, and bailouts. There is no prohibition in the Constitution or anywhere else that even mentions restrictions like you're talking about.
I guess you just coughed up a hairball and thought it was something worthwhile. Maybe you should spit those out from now on, and not bother the rest of us with them.
McCain scored a 40 (best is 100) Obama scored a 20
The best in Congress? The average House score for this index (votes 21-30) is 31 percent; the average Senate score is 26 percent. Ten House members scored a perfect 100 percent: John Shadegg (R-Ariz.), Jeff Flake (R-Ariz.), Ed Royce (R-Calif.), Dana Rohrabacher (R-Calif.), John Campbell (R-Calif.), Thomas Tancredo (R-Colo.), Lynn Westmoreland (R-Ga.), Tom Price (R-Ga.), Paul Broun (R-Ga.), and Ron Paul (R-Texas). The top scorer in the Senate was Jon Kyl (R-Ariz.) with a score of 80 percent.
Not much to my surprise, I discover my own Senators pretty much suck with Dodd scoring a 20 along with Obama and Lieberman scoring a PATHETIC 7
No shocker there, really.
Looks like we have another 4 years of unconstitutional government to look forward to no matter which presidential candidate wins.
The Constitution spells out SPECIFICALLY what the Congress and the Executive are empowered to do and taking money from one segment of the population (taxes) and giving it to another (any private or corporate welfare you can think of, including, but not limited to - bailouts, foreign aid, aiding Hurricane victims - etc...) is NOT constitutional. If you want to make an argument that the Congress CAN do something, you need to be able to show in the constitution that the power to do that specific thing is specifically enumerated in the Constitution.
Those are, indeed, very impressive credentials. But, none of those things make him a constitutional voter. McCain is not either, so don't take it personally. But I vote for those who believe in the constitution and teaching Constitutional Law obviously does NOT mean that you will abide by it. I could teach constitutional law. ANYBODY who has read the Constitution could teach Constitutional law. The document is very straight forward and easy to understand. The Federalist Papers clear up many questions and there is plenty of history to look back on to see what is or is not constitutional. And, by the way, if you look at the "plans" of either candidate for things like poverty, health care, on and on ad nauseum, then look at the constitution and see that NONE of it is authorized, you will understand why neither of them is a friend of the Constitution.
You guys who howl at the Moon and continue to insist that the Constitution isn't being upheld have NO ARGUMENT at all. If you did, there would be LAWYERS falling all over themselves to argue their points and change things. Especially with the way the Supreme Court is packed with conservatives.
You're like the fan who can't stand that your team LOST the big game again, so you're blaming the referees, the newspapers, the weather, the coaches, and anything else you can to avoid facing that lonely, disappointing outcome ~ that you're WRONG. Your team (and your interpretation of the Constitution) have no argument that anyone is listening to. You LOST. Go HOME. Try again when you have a better team!
You DO realize that the SCOTUS only takes on so many cases per year, don't you Master C and that the SCOTUS has stricken down many of the more extreme and problematic laws that violate the constitution - such as the ones included in the Patriot Act and Illegal wiretapping, on and on ad nauseum. With a full plate like that it's no wonder things like social engineering never get heard. They're quite busy protecting our basic rights from a government which is determined to turn this nation into a dictatorship.
Master C the constitution limits government's spending to only those things specifically called out in article 1 section 8 of the constitution. Under the 10th amendment congress only has the powers specifically given to it by the constitution. Any other power belongs to the states or the people.
Once again you resort to childish personal attacks instead of reasoned arguments. You should try actually reading the constitution. Then maybe you could read the federalist papers if you want a better understanding of what the founders intended. Specifically you might read federalist #41 for an understanding of congresses powers.
See if you see anything here which does what you say:
Section 8 - Powers of Congress
The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfareof the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;
To borrow money on the credit of the United States;
To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;
To establish an uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;
To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;
To provide for the Punishment of counterfeiting the Securities and current Coin of the United States;
To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;
To constitute Tribunals inferior to the supreme Court;
To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;
To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;
To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;
To provide and maintain a Navy;
To make Rules for the Government and Regulation of the land and naval Forces;
To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;
To provide for organizing, arming, and disciplining the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;
To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings; And
To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.
Section 9 - Limits on Congress
The Migration or Importation of such Persons as any of the States now existing shall think proper to admit, shall not be prohibited by the Congress prior to the Year one thousand eight hundred and eight, but a tax or duty may be imposed on such Importation, not exceeding ten dollars for each Person.
The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it.
(No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken.)(Section in parentheses clarified by the 16th Amendment.)
No Tax or Duty shall be laid on Articles exported from any State.
No Preference shall be given by any Regulation of Commerce or Revenue to the Ports of one State over those of another: nor shall Vessels bound to, or from, one State, be obliged to enter, clear, or pay Duties in another.
No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.
No Title of Nobility shall be granted by the United States: And no Person holding any Office of Profit or Trust under them, shall, without the Consent of the Congress, accept of any present, Emolument, Office, or Title, of any kind whatever, from any King, Prince or foreign State.
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