Canada Free Press
Would a straightforward, unbiased analysis of the presidential actions of Barack Obama through March 2010, lead to a demand for his immediate impeachment and removal from office? Yes, for a most transparent reason: Obama is purposely undermining the US Constitution. In doing so, his actions make unstable every institution and office below the presidency, since the Constitution is the foundation of every government power and official decision. In fomenting institutional unrest across the US, he threatens the safety of every American man, woman and child, and all our citizens abroad.
The malign deeds of Barack include issues with: Honesty: Obama’s campaign was based upon a mass tissue of lies, undermining his legitimacy by deriving election results based on sheer falsehoods; Loyalty: When Obama flies around the world and criticizes America, or bows down to kings and despots, who is he actually representing? Fiscal Integrity: Deficit spending appears Barack’s only theory of government economic growth, eventually necessitating US insolvency. Knowledge & Competence: Obama repeatedly appears disinterested or ill-informed about important issues; Constitutional Fealty: Obama reveals contempt for the US Constitution; World-view: Barack often seems to identify more with socialists, or other radicals, than typical Americans; America’s Future: What possible strong tomorrow can America hope for if Obama’s ideas become default public policy?
I. A Natural Law Constitution
The preeminent American political document is the Constitution. Its chief drafter was James Madison, the most gifted political theoretician of his day. 1 He and other Founders would claim the Constitution could not be changed without debasing the natural law theory behind it. 2 It offers the classic model of virtuous self-rule government, proposing an enlightened concept of law and the public good. It propounds wholesome truths regarding human nature and revealed religion. Because the Constitution rests upon a natural law foundation 3, being an appeal to immutable principles, it must not be quickly re-molded for a mere superficial switch in public opinion. Yet, Obama’s inane tinkering with our written foundation reveals a shocking lack of acceptance or understanding of the concepts that underlie our system.
The architectonic thinker of the Enlightenment and Classical Liberalism, John Locke, was the source of many concepts used in the Declaration of Independence and Constitution. Ideas on natural law, the need for consent of the governed, the sanctity of contracts and property rights, and a perpetual privilege to rebel against tyranny were some of his many contributions. Locke had absorbed the Puritanism of his upbringing and helped secularize many biblical concepts, like turning the covenant notion into a secular constitution. 4 Yet, just like today, many non-Believers also strongly supported the Founder’s cause.
Referred to as the Father of the Revolution, Founder Thomas Paine’s “Common Sense,” proclaimed the greatest American Revolutionary tract, sold almost 150,000 copies and was even read aloud by Washington to inspire his troops. Ironically, Paine was nearly as famed for his atheism as patriotism, merely proving the Founder’s principles did not appeal just to Believers, but were relished by the greatest minds of the age. Paine wrote in Common Sense, “In America, law is king.” 5 He believed a country must have a written constitution hedged by the rules of law before anyone could claim they were a free people. He dedicated the 4th chapter of his Rights of Man, Book II to the topic, titling it “Of Constitutions.” He wrote here;
All power exercised over a nation, must have some beginning. It must either be delegated or assumed. There are no other sources. All delegated power is trust, and all assumed power is usurpation. Time does not alter the nature and quality of either. 6
Paine also stated that constitutions are “to liberty, what a grammar is to language.” Elsewhere he claimed, “A constitution is not the act of a government, but of a people constituting a government, and a government without a constitution is power without right.” He added, “A constitution is a thing antecedent to a government; and a government is only the creature of a constitution.”
Paine eloquently summed up in Rights of Man, Book II, what a constitution really is:
Here we see a regular process- a government issuing out of a constitution, formed by the people in their original character; and that constitution serving, not only as an authority, but as a law of control to the government. It was the political bible of the state. Scarcely a family was without it. Every member of the government had a copy; and nothing was more common, when any debate arose on the principle of a bill, or on the extent of any species of authority, than for the members to take the printed constitution out of their pocket, and read the chapter with which such matter in debate was connected.
What is Obama’s attitude towards our Constitution? Even before Obama went to law school he had a serious disagreement with America’s secular bible. In his undergraduate college thesis, according to Liberal columnist Joe Klein, Barack complained:
The Constitution allows for many things, but what it does not allow is the most revealing. The so-called Founders did not allow for economic freedom. While political freedom is supposedly a cornerstone of the document, the distribution of wealth is not even mentioned. While many believed that the new Constitution gave them liberty, it instead fitted them with the shackles of hypocrisy. 7
Obama is not a fan of the Constitution. But why not? As good a guess as any, based upon a background soaked in socialism and communist influence, and his many comments to this effect, is that the main flaw of the document is it does not focus upon Barack’s chief aim—“justice” via redistribution of wealth.
After he became a lawyer, Barack did admit in a 2001 radio interview that the courts could not supply the abortion, expanded health care, and wealth “redistributive” changes he fought for as a community organizer, which explains why he originally ran for office. Obama said,
Typically, the court can be more or less generous in interpreting actions and initiatives taken, but in terms of funding of abortions and Medicare and Medicaid, the court it not initiating those funding streams. Essentially, what the court is saying is at some point this is a legitimate prohibition or this is not, and I think those are very important battles that need to be fought and I think they have a redistributive aspect to them. 8
II. What is Impeachment?
“Impeachment” describes the trial and conviction of elected officials for acts deemed deleteriously injurious to the state, sometimes followed by removal. The Middle English word empechen originally comes from Old French, meaning “to accuse, bring charges against.” The first English example occurred when Peter de la Mare, first Speaker of the English House of Commons, initiated impeachment and removal proceedings against Lord William Latimer in 1376 for raiding the public treasury for personal enrichment.
The Founders adapted impeachment from the British model. Alexander Hamilton, in Federalist 65, claimed it is a “method of national inquest into the conduct of public men.” 9 In the American version, the House assembles articles of impeachment and then votes on whether the charges are credible. If the House passes these by simple majority, the Senate then acts as court of impeachment, voting on removal by 2/3rds super-majority.
Two separate Constitutional amendments were passed by the First Congress for impeachment. Article I states “the House of Representatives…shall have the sole Power of Impeachment,” and “the Senate shall have the sole Power to try all Impeachments.” Article I addresses punishment and proceedings for impeaching the President of the United States. Article II, Section 4 of the Constitution states, “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, treason, Bribery, or other High Crimes and Misdemeanors.” 10
Treason, High Crimes & Misdemeanors
“Treason” is defined as “the offense of acting to overthrow one’s government or to harm or kill its sovereign; a violation of allegiance to one’s sovereign or to one’s state; or the betrayal of a trust or confidence; breach of faith; treachery.” 11 The Constitution defines “Treason” in Article III, section 3 as: “Treason against the United States shall consist only in levying war against them, or in adhering to their enemies, giving them aid and comfort.” But many acts that are profoundly disloyal and dangerous to America would not fit into that simple definition—which is why the Framers allowed some latitude in defining the subject. William Blackstone, the legal writer widely read in the colonies, develops in his Commentaries on the Laws of England a definition of High Treason that includes these words,
TREASON, proditio, in its very name (which is borrowed from the French) imports a betraying, treachery, or breach of faith… As this is the highest civil crime, which (considered as a member of the community) any man can possibly commit… 12
Generally speaking, the House frames the Articles of Impeachment, and then the Senate votes upon them. The House acts like a prosecutor, while the Senate sits as a judge. But is there enough latitude in the impeachment definitions and rules to allow Congress to act? Specifically, if the two bodies believed a president were making socialist or communist machinations, based simply on this, could they remove him or her from office? Absolutely.