The Horse Sense Blog compares the nonsense in today's news with good ol' fashioned horse sense


“…I shall speak forth my sentiments freely and without reserve.… It is only in this way that we can hope to arrive at truth, and fulfill the great responsibility which we hold to God and our country. Should I keep back my opinions at such a time, through fear of giving offense, I should consider myself as guilty of treason towards my country, and of an act of disloyalty toward the Majesty of Heaven, which I revere above all earthly kings.” - Patrick Henry, March 23, 1775


"The further a society drifts from truth the more it will hate those who speak it." - George Orwell

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Sunday, December 29, 2013

Democrats Worried About Obama Impeachment… Should They Be?


Here's the Nonsense:  The Democrats are worried that the Republicans may try to impeach the president, but there's no case that can be made against him.

Here's the Horse Sense:  This isn't just about a single issue to be considered. This president has done many things without being held accountable for them, but impeachment could bring other problems for the Republicans.

The Daily Caller is reporting that the Democratic National Committee (DNC) is so concerned about movement towards impeachment of President Obama by House Republicans that they have sent out an email trying to raise support to stop Republican ability to do anything against the president.  Should the Democrats be so concerned?  Better yet, should Americans be concerned that their president may have done things that are worthy of impeachment?  Is this just bickering between political parties, or is there something to this?

Over the course of his 5 years in office there has certainly been no lack of concern raised by many about actions the president has taken.  Often the president has been accused of violating the Constitution, breaking our laws.  But those claims are regularly met with Democrat opposition crying foul and saying that the only reason Republicans are against President Obama is because of his race, which is up to half black.  The term "racism" has become a standard cry of the left against anyone who disagrees with anything this president says or does.  Now we not only have the left screaming racism, but the right are considering impeachment.  My previous post on racism explained the real purpose of the left using that terminology.  This post will examine whether there really have been things that are worthy of impeachment.

I'm not an attorney, let alone a constitutional scholar.  I'll leave the technical legal details to people far better qualified than I am to deal with those things.  However, I, like any other American citizen, can look at the issues that have been raised and draw conclusions.  It doesn't take advanced education to understand when there might be a problem or when there is nothing to a claim, especially when you have so much to deal with as we do with this administration.  My post here will certainly not be exhaustive, but should give us enough to think about to decide if there is reason to support or block Republican impeachment considerations.

One thing that certainly should raise concern is when a well-respected publication like Forbes is addressing this issue.  In fact, what really caught my attention was a December 23rd Forbes article by Ilya Shapiro titled "President Obama's Top Ten Constitutional Violations of 2013."  It would be one thing to have an article titled to reflect a president's 10 violations of our laws, but when an article by a respected publication like Forbes comes out and refers to the "Top 10" it implies there have been more than 10.  Plus, when it restricts the subject to just 2013, that means that they have found more in the 4 years prior to 2013.  

The fact that there is one violation should be of concern. The idea that there have been more than 10 in just the past year alone, plus obviously more in previous years, should make us sit up to take notice.  Here's Shapiro's Top 10 List for 2013:


1. Delay of Obamacare’s out-of-pocket caps. 
2. Delay of Obamacare’s employer mandate. 
3. Delay of Obamacare’s insurance requirements. 
4. Exemption of Congress from Obamacare. 
5. Expansion of the employer mandate penalty through IRS regulation. 
6. Political profiling by the IRS. 
7. Outlandish Supreme Court arguments.
8. Recess appointments. 
9. Assault on free speech and due process on college campuses. 
10. Mini-DREAM Act. 
Mr. Shapiro concludes his article by saying, "It was hard to limit myself to 10 items, of course—Obamacare alone could’ve filled many such lists—but these, in my judgment, represent the chief executive’s biggest dereliction this year of his duty to 'preserve, protect, and defend' the Constitution, and to 'take care that the law be faithfully executed.'”  

Mr. Shapiro isn't the only voice expressing concern over what this president has done.  Professor Jonathan Turley, an Obama supporter and highly respected among the left recently testified before a congressional committee saying, "The problem with what the president is doing is that he's not simply posing a danger to the constitutional system.  He's becoming the very danger the Constitution was designed to avoid.  That is the concentration of power in every single branch."

That should be enough to give us concern.  But let's not be so simplistic.  Here's a list of concerns that I came across on the 90 Miles From Tyranny blog that other people have raised:
    • USED EXECUTIVE PRIVILEGE IN REGARDS TO FAST & FURIOUS GUN RUNNING SCANDAL. WHEN GOVERNMENT MISCONDUCT IS THE CONCERN EXECUTIVE PRIVILEGE IS NEGATED.
    • 23 EXECUTIVE ORDERS ON GUN CONTROL - INFRINGEMENT OF THE 2ND AMENDMENT
    • EXECUTIVE ORDER BYPASSING CONGRESS ON IMMIGRATION – ARTICLE 1 SECTION 1, ALL LEGISLATIVE POWER HELD BY CONGRESS
    • NDAA – SECTION 1021. DUE PROCESS RIGHTS NEGATED.  VIOLATION OF 3RD, 4TH, 5TH, 6TH, AND 7TH AMENDMENTS.
    • EXECUTIVE ORDER 13603 NDRP – GOVERNMENT CAN SEIZE ANYTHING
    • EXECUTIVE ORDER 13524 – GIVES INTERPOL JURISDICTION ON AMERICAN SOIL BEYOND LAW ENFORCEMENT AGENCIES, INCLUDING THE FBI.
    • EXECUTIVE ORDER 13636 INFRASTRUCTURE CYBERSECURITY – BYPASSING CONGRESS ARTICLE 1 SECTION 1, ALL LEGISLATIVE POWER HELD BY CONGRESS
    • SIGNED INTO LAW THE ESTABLISHMENT OF  NO FREE SPEECH ZONES – NONCOMPLIANCE IS A FELONY. VIOLATION OF 1ST AMENDMENT.
    • ATTEMPT TO TAX POLITICAL CONTRIBUTIONS – 1ST AMENDMENT
    • DOMA LAW – OBAMA DIRECTED DOJ TO IGNORE THE CONSTITUTION AND SEPARATION OF POWERS AND NOT ENFORCE THE LAW.
    • DODD-FRANK – DUE PROCESS AND SEPARATION OF POWERS. CONSUMER FINANCIAL PROTECTION BUREAU WRITING AND INTERPRETING LAW. ARTICLE. I. SECTION. 1
    • DRONE STRIKES ON AMERICAN CITIZENS – 5TH AMENDMENT DUE PROCESS RIGHTS NEGATED
    • BYPASSED CONGRESS AND GAVE EPA POWER TO ADVANCE CAP-N-TRADE
    • ATTEMPT FOR GRAPHIC TOBACCO WARNINGS (UNDER APPEAL) – 1ST AMENDMENT
    • FOUR EXEC. APPOINTMENTS – SENATE WAS NOT IN RECESS (COURT HAS RULED UNCONSTITUTIONAL YET THE APPOINTEES STILL REMAIN)
    • APPOINTING AGENCY CZARS WITHOUT THE “ADVICE AND CONSENT OF THE SENATE.”  VIOLATION OF ARTICLE II, SECTION 2
    • OBAMA TOOK CHAIRMANSHIP OF UN SECURITY COUNCIL – VIOLATION OF SECTION 9.
    • OBAMACARE (ACA) MANDATE – SCOTUS HAD TO MAKE IT A TAX BECAUSE THERE IS NO CONSTITUTIONAL AUTHORITY FOR CONGRESS TO FORCE AMERICANS TO ENGAGE IN COMMERCE.
    • CONTRACEPTIVE, ABORTIFACIENTS MANDATE VIOLATION OF FIRST AMMENDMENT
    • HEALTHCARE WAIVERS – NO PRESIDENT HAS DISPENSING POWERS
    • REFUSES TO ACKNOWLEDGE STATE’S 10TH AMENDMENT RIGHTS TO NULLIFY OBAMACARE
    • GOING AFTER STATES (AZ LAWSUIT) FOR UPHOLDING FEDERAL LAW (IMMIGRATION) -10TH AMENDMENT.
    • CHRYSLER BAILOUT -TARP - VIOLATED CREDITORS RIGHTS AND BANKRUPTCY LAW, AS WELL AS TAKINGS AND DUE PROCESS CLAUSES – 5TH AMENDMENT (G.W. BUSH ALSO ILLEGALLY USED TARP FUNDS FOR BAILOUTS)
    • THE INDEPENDENT PAYMENT ADVISORY BOARD (APPOINTEES BY THE PRESIDENT). ANY DECISIONS BY IPAB WILL INSTANTLY BECOME LAW STARTING IN 2014 – SEPARATION OF POWERS, ARTICLE 1 SECTION 1.
    • CONGRESS DID NOT APPROVE OBAMA’S WAR IN LIBYA. ARTICLE I, SECTION 8, FIRST ILLEGAL WAR U.S. HAS ENGAGED IN. IMPEACHABLE UNDER ARTICLE II, SECTION 4.
    • OBAMA FALSELY CLAIMS UN CAN USURP CONGRESSIONAL WAR POWERS.
    • OBAMA HAS ACTED OUTSIDE THE CONSTITUTIONAL POWER GIVEN HIM – THIS IN ITSELF IS UNCONSTITUTIONAL.
    • WITH THE APPROVAL OF OBAMA, THE NSA AND THE FBI ARE TAPPING DIRECTLY INTO THE SERVERS OF 9 INTERNET COMPANIES TO GAIN ACCESS TO EMAILS, VIDEO/AUDIO, PHOTOS, DOCUMENTS, ETC. THIS PROGRAM IS CODE NAMED PRISM. NSA ALSO COLLECTING DATA ON ALL PHONE CALLS IN U.S. – VIOLATION OF 4TH AMENDMENT.
    • PLANS TO SIGN U.N. FIREARMS TREATY – 2ND AMENDMENT.
    • THE SENATE/OBAMA IMMIGRATION BILL (APPROVED BY BOTH) RAISES REVENUE – SECTION 7. ALL BILLS FOR RAISING REVENUE SHALL ORIGINATE IN THE HOUSE OF REPRESENTATIVES;
    • OBAMA REFUSES TO UPHOLD THE BUSINESS MANDATE LAW (ACA) FOR A YEAR.  PRESIDENT DOES NOT HAVE THAT AUTHORITY – ARTICLE. I. SECTION. 1. ALL LEGISLATIVE POWERS HEREIN GRANTED SHALL BE VESTED IN A CONGRESS OF THE UNITED STATES. THE PRESIDENT ”SHALL TAKE CARE THAT THE LAWS BE FAITHFULLY EXECUTED” -ARTICLE II, SECTION 3.
With this many concerns having been raised, it seems that not only might there be basis for the Republican actions being considered, but that failing to take action and even having waited so long to do so might make us consider how derelict in their duty so many Republicans have been for not holding this administration accountable, as the legislative branch of our government is supposed to do.  

What we do know is that even if the Republicans were to bring impeachment in the House of Representatives, the Senate would never follow through.  Just like with Bill Clinton, the Senate would circle the wagons and protect the president because if the president is held accountable, then other elected officials might, too, be held just as accountable.  And with the corruption and elite ruling mentality that pervades most of Washington, we can be sure they would never endanger themselves by holding someone else accountable.

If the Republicans do bring impeachment charges against the president, they will be in for an attack by the left that dwarfs any such efforts the left has made in the past.  Racism will become the number one term used in every headline by the mainstream media and the Republicans will be severely damaged in their 2014 congressional races.  And with the majority of the voting public being not only uninformed, but dangerously foolish in the way they vote, chances are pretty good that they'd buy what the media tells them and see the Republicans as evil racists trying to tear down our country.

The question comes down to whether the Republicans are willing to be leaders.  A true leader is one who does what is right regardless of the cost to themselves.  Taking this stand could create a situation for the Democrats to regain control of the House and retain control of the Senate, giving them absolute power to do whatever they chose during the next two years of Obama's presidency.  And we already know that this president punishes people for standing against him, so it wouldn't be a pretty sight for America if impeachment were to fail in both houses of Congress.

So, should the Republicans pursue impeachment, or are there better ways to deal with these things?  I will leave the answer for you, the reader, to decide.