PDA

View Full Version : How 'Czars' undermine our constitutionally limited system of government!




johnwk
09-18-2009, 07:29 AM
One of the most significant features of our constitutionally limited “Republic Form of Government” which is guaranteed under Article 4, Section 4 of our federal Constitution is its mandated separation of powers, powers which are divided among our Legislature, our Executive and Judicial branch of government. In respect of our Legislative branch of government, it is the assigned and exclusive power of the Legislature to make law, and the expectation is that laws enacted by the Legislature will not violate our Constitution, and, members of the Legislature ought to reflect the will of the people which elected them when enacting law. These are some of the essential elements of our constitutionally limited Republican Form of Government.

With the election of Obama a vast number of so called Czars have been appointed by him, some of whom hold radical views such as Van Jones (http://www.foxnews.com/politics/elections/2009/09/06/obama-green-jobs-adviser-van-jones-resigns-amid-controversy/), Obama‘s pick for ‘Green Jobs Czar’ who is a self proclaimed communist and has espoused ideas which are not in harmony with our very system of government. Because of public outcry Van Jones recently resigned and now some members of Congress are expressing their outrage that Obama’s Czars have not been approved by the Senate as outlined in our Constitution under Article 2, Section 2, advice and consent of the Senate being required.

But this happens to be a diversionary outrage expressed by these members of Congress and confuses the real argument which is not the appointment of Czars. The real concern is the unconstitutional power they are now exercising in decision making which affects the implementation of political values, standards and public policy, a power that has been exclusively entrusted to the people’s elected members of Congress!

As a matter of fact, it is a violation of our constitutional system for the Congress of the united States to delegate its powers to “enact, suspend, or repeal laws. Nor may it delegate such essential elements of its lawmaking power as its power to declare principles and standards, or general public policy.” (See Am Jur Constitutional Law, Legislative Power, Rule Barring Delegation) Now, how is this rule violated? Well, let us take a look at the Board of Governors of the federal reserve banking system. Congress has been granted power to coin money and regulate the value thereof. During the early 1900’s progressives in Congress created the federal reserve system and its Board of Governors which now regulates the value of our money by the setting of interest rates. And yet, the Board of Governors, (monetary Czars) are not elected by the American People but decide this public policy behind closed doors! This is exactly what is prohibited under the rules barring the delegation of Congress’s powers. And yet, our Wall Street Crowd is now, at this very moment, exercising a power which has been exclusively delegated by the people to the Congress of the united States.

Let us take a look at another example, this one involving America’s commerce with foreign nations and its regulation under the NAFTA. Keep in mind that Congress, and only Congress, has been granted power to regulate commerce with foreign nations. But Congress, perhaps to avoid reprisals during election time for making unpopular decisions concerning America’s commerce with foreign nations, or as repayment for political campaign contributions, has unlawfully delegated its power to regulate Commerce with Canada and Mexico to a group not elected by the American People, and has done so under the guise of “free trade”, which in fact turns out to be managed trade, managed by an un-elected body. As a matter of fact, and this borders on an act of sedition, this power has been unconstitutionally delegated to a body of Czars, a majority of whom are foreign nationals, who now make arbitrarily and binding decisions concerning America’s trade with Canada and Mexico. See Annex 1901.2: Establishment of Binational Panels
(http://www.sice.oas.org/trade/nafta/chap-192.asp#An1901.2)

In addition, keep in mind that Congress may not delegate a power to be administered or enforced by a subordinate agency which is not within Congress delegated powers. This is important to note because at this very moment, a large segment of fertile and productive farmland in California is closed down and turning to dust partly because the delta smelt fish was listed as a threatened species by the U.S. Fish and Wildlife Service in March 1993. But the fact is, Congress has not been granted a power by our Constitution to regulate “threatened species”, and so, the use of federal force to protect an asserted “threatened species” is without constitutional authority and unenforceable!


Bottom line is, members of Congress who are now outraged over Obama’s selection of Czars because the Senate has not giving its advice and consent to Obama’s pick of Czars are hypocrites and creating an irrelevant argument which has nothing to do with the real threat of legislative powers now being exercised by those who are insulated from the wrath of the American voter. This is the real threat of those who are appointed to an office of public trust and are allowed to exercise powers which are intentionally assigned to our elected representatives and senators. In fact, the leadership of both political parties are complicit in this assault upon our constitutionally limited system of government and those who point to Article 2, Section 2 as a remedy for relief are exposing their ultimate goal is to preserve un-elected appointees to impose their will upon the people which meets the definition of tyranny!

JWK



America, we have a problem, we have been attacked from within! We are being destroyed from within by a group of domestic enemies who have managed to seize political power and whose mission is in fact to bring “change” to America ___ the dismantling of our military defensive power; the allowance of our borders to be overrun by foreign invaders, the destruction of our manufacturing capabilities; the strangulation of our agricultural industry and ability to produce food under the guise of environmental necessity; the looting of our federal treasury; the brainwashing of our nation’s children in government operated schools; the creation of an iron fisted control unauthorized by our written Constitution over free enterprise; the devaluation of our nation’s currency, and, the future enslavement of our children and grand children via unbridled debt and inflation, not to mention an iron fisted government which intends to rule their lives!

johnwk
09-19-2009, 08:19 PM
.

Let me give the latest example (http://www.foxnews.com/story/0,2933,552021,00.html) of an appointee, a Czar, not elected by the people, dictating a new public policy which directly affects ordinary people’s day to day living.


Recently, Inez Tenenbaum, who President Obama appointed as the new chairman of the Consumer Product Safety Commission, (CPSC), has decided to make it a punishable crime for a person having a garage sale to sell a product no longer needed which may contain lead that exceeds limits set by the federal government, or, sells an article which has been placed on a recall list. Under Tenenbaum’s new public policy dubbed the “Resale Round-up" , violators caught selling prohibited items face a fine of up to $100,000 per sale and $15 million for a series of infractions.


Now, there are a number of problems with this new public policy dreamed up by Tenenbaum.


1.

The original legislation dealing with the subject matter was intended to apply to new products only. So, where does Tenenbaum, Obama’s Czar, get the authority to set new public policy and apply it to Mrs. Joe Sixpack selling a baby crib no longer needed?


It is a violation of our constitutional system for the Congress of the united States to delegate its powers to “enact, suspend, or repeal laws. Nor may it delegate such essential elements of its lawmaking power as its power to declare principles and standards, or general public policy.” (See Am Jur Constitutional Law, Legislative Power, Rule Barring Delegation)


I don’t recall the people’s elected members of Congress adopting this new public policy, and thus, Tenenbaum has taken it upon herself to act as the people’s Legislature, which is a gross violation of our constitutionally limited Republican Form of Government in which the people’s elected representatives, and only the people’s elected legislature, may adopt new public policy.


2.


The fact is, Congress has not been granted power to regulate the manufacture, sale and consumption of consumer products within the united States. And so, the CPSC is without authority to impose any fines or penalties as Congress is itself without such power and may not delegate a power which is not within its constitutionally authorized and enumerated powers.


Keep in mind our federalist system and its separations of powers is summed up as follows in Federalist No. 45:


“The powers delegated by the proposed Constitution to the federal government are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected.


The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.


And, the above separation of powers is unequivocally restated in our Constitution’s Tenth Amendment as follows:

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.


Bottom line is, we have a federal government acting in rebellion to our written Constitution and ignoring the documented intentions and beliefs under which it was adopted by We the People!


JWK


Those who reject abiding by the intentions and beliefs under which our Constitution was agree to, as those intentions and beliefs may be documented from historical records, wish to remove the anchor and rudder of our constitutional system so they may then be free to “interpret” the Constitution to mean whatever they wish it to mean.