Yes… Let’s Have That Conversation…
I got asked a question last night on Facebook that I want to address:
The short and simple answer is, Yes, I would be happy to do so. But not for the reasons that you think.
Whether Mr. Turley is right or I am right, this is a simple demonstrating of what I have said since January 2010 and THE VERY FIRST EPISODE OF CONSTITUTION THURSDAY – there is no such thing as a “Constitutional Scholar,” and it is OUR JOB TO TALK ABOUT IT WITH ANYBODY at ANYTIME and ANYWHERE. If We the People are going to defer to “Scholars” as to what it means and says and how it has been interpreted, then it is no longer ours. It is possible that Mr. Turley, a man who has spent his life as a self-proclaimed “liberal” and interpreting the Constitution fro that angle, is correct about the Obama Executive Order. But he has yet to present – as far s I can find – his reasoning for being so. Saying that it “tears at the fabric of the Constitution” is not a legal or even logical argument.
I have presented my opinion as to why the upcoming Executive Order will be held as Constitutional. I did not say that I agree with the order, or that I support the order. I believe that it is “playing the rules” and a very bad idea. But that doesn’t make it “unconstitutional.” By the Jeffersonian logic he presents (sans justification), The Louisiana Purchase was “unconstitutional.
Lastly, are there no GOP “Constitutional Lawyers?” Why is Boehner hiring a devout (by his own admission) liberal to represent YOU and the GOP in his threatened lawsuit? While I disagree with the notion of the lawsuit being successful (see: nuclear option, DC Court of Appeals), would not the Pacific Justice Foundation or a Gary Kreep do as good a job from a Conservative viewpoint? Boehner is hoping against hope that the publicity of a so-called “liberal” opposing the President will look good in the media without regard to the quality of or even basis of his argument.
Ultimately – and both Boehner and Turley know this – the Courts have already ruled and even, as I showed, established a “test” for Executive Orders. The only argument I see today is whether or not Obama’s order fails that test. You’ve read it for yourself, I have given you the links to the ruling and the arguments, so We the People must decide, not some highly paid, glib and politically correct “Constitutional Lawyer.” If we can’t make the argument from a document written FOR us and ratified BY us, we will get the government we deserve. I accept that there may be a better argument against the executive Order, but I am unconvinced, based on what he has said so far, that Turley (or his Boehner) has that argument.
The GOP already knows that ONLY means of stopping this order is to defund it. And they have already admitted that they will not do so.
So how does bringing in a liberal “Constitutional Lawyer,” you know, like the one in the White House, solve that?
So yes, not only would I, but I believe that somebody should pretty darn quickly, before we end up with an embarrassing loss in the Courts for the new Congress. By the by, what will the GOP do then?
As it turned out, CHIEF JUSTICE JOHN ROBERTS WAS CORRECT, the Obamacare (he loves that name!) Individual Mandate IS a tax. what I remain unsure about was whether or not it was his job to “correct” the Governments argument to change it from a “penalty” – as the Administration argued – into a tax, as it actually is? But what if… Roberts was paying more attention than everybody else and knew exactly who and what Gruber was? What if he knew that the weakness of the bill would be revealed downstream? I do have a great deal of regard for Justice Roberts, who as been soundly – and justifiably(?) – criticized for his ruling, but what if he knew what he was doing?
After she claimed that the Stockton Police “racially profiled” her and her boyfriend, and claimed that the Police got the wrong intersection on the report, and after she got nothing for blowing through three stop signs, incoming City Councilwoman Christina Fugazi IS GETTING CRITICIZED BY THE POLICE OFFICERS ASSOCIATION. She’s not even in office yet and already off to a whale of a start, eh?
Stop me if you’ve heard this one before… OAKDALE IRRIGATION DISTRICT IS GOING TO SELL ITS WATER to “outsiders.”
some cool news, and something that I believe is a very useful tool, A DONOR WILL PAY FOR STOCKTON PD BODY CAMERAS.
Posted on November 19, 2014, in News & Notes and tagged Boehner, Chief Justice John Roberts, Christina Fugazi, Constitution, Executive Orders, GOP, Jonathon Turley, Oakdale Irrigation District, Obama, Obamacare, Stockton Police. Bookmark the permalink. Leave a comment.