Standing against big government and for the people!
By Dianna C. Cotter
Today there is no American news outlet factually covering the illegal actions of the sitting President of the United States in context. Nor is there one consistently exposing the laws his administration has flagrantly broken, though this corruption now demonstrably permeates every level of the federal system.
Attorneys General Tom Horne, Arizona; Pam Bondi, Florida; Sam Olens, Georgia; Bill Schuette, Michigan; Scott Pruitt, Oklahoma; Marty Jackley, South Dakota; Alan Wilson, South Carolina; Greg Abbott, Texas; and Ken Cuccinelli of Virginia produced a joint memo on March 5th, 2012 detailing 21 blatant violations of law committed by the Obama administration.
By now it is unsurprising the media has by and large ignored this announcement though AG Cuccinelli did appear in an extended segment with CSPAN (the relevant segment can be found here) on March 18th.
Fortunately, The Tea Party Tribune published the Attorney’s General memo, “A Report on Obama Administration Violations of Law” in full the same day it was released. It is nothing short of a flashing legal headline story, yet cannot be found at the Washington Post or the New York Times.
“Whether it is through the EPA, NLRB, Office of Surface Mining, FCC or other entities, the Obama Administration has aggressively used administrative agencies to implement policy objectives that cannot gain congressional approval and are outside of the law.” - A Report on Obama Administration Violations of Law
An abbreviated list of broken laws includes:
14 more violations of law are listed in the AG’s memo. At one time or another, many of these violations have made the news, yet the full list is never presented to the public. When complied, it is apparent even at a glance, that the federal government as led by Barack Obama has no respect for law. Clearly the Obama government is acting as it deems fit. Much as a monarchy would. As if the States did not exist. As if the Constitution of the United States did not apply.
Indeed, when it comes to Obama and his government, the constitution is a barrier to be removed. As Obama stated in a 2001 interview with NPR, “generally the constitution is a charter of negative liberties,”. Undeniably, the Constitution limits government negatively, it states what it cannot do. From the point of view of someone attempting expand government powers beyond that which the constitution limits it to, it is extraordinarily negatively limiting. It was designed that way. It is the keystone, the cornerstone, the foundation of a free people; one freed and protected from government tyranny.
The M-1/A-2 tank in the room
If more evidence were needed to delineate the obvious disrespect coming from the Oval Office for the Law, on Monday, April 2nd 2012 President Barack Obama attempted to erase 200 years of legal history, stating in a press conference with world leaders, that the law codified in the Supreme Court Case Marbury v. Madison (5 U.S. 137) 1803 is not valid:
“Ultimately, I’m confident that the Supreme Court will not take what would be an unprecedented extraordinary step of overturning a law that was passed by a strong majority of a democratically elected congress.” – Barack Obama 4-5-2012
Hundreds of bills have passed out of congress and been found unconstitutional, overturned by the Supreme Court, since Marbury V. Madison established in 1803 the Supreme Court’s right of judicial review.
The Supreme Court has been the final arbiter of law, determining the constitutionality of laws passed by congress for over two hundred years. There is no Article or Section in the constitution which specifically bestows this power within the court. Instead, Marbury was the court’s interpretation of the constitution; furthermore the legal precedent it set in that decision still stands as good law today.
This is not the first time Mr. Obama has attempted to re-write history to his liking. The difference here lay in the fact that the media is in a feeding frenzy over this one.
The day following this massive falsehood April 2nd, Obama’s Director of the Department of Justice Eric Holder, was ordered to address Obama’s statements by the 5th Circuit Court of Appeals; forcing the administration to publicly acknowledge the law established in Marbury.
Attorney General Eric Holder stated in the department’s court ordered response: “The Department has not in this litigation, nor in any other litigation of which I am aware, ever asked this or any other Court to reconsider or limit long-established precedent concerning judicial review of the constitutionality of federal legislation.” Even the Attorney General of the United States is hanging Obama out to dry on this issue.
Marbury V. Madison is not just an elephant in the room; it’s more like M-1/A-2 tank running flat out, but not for the reasons most immediately apparent. What is missing from this conversation, so ravenously devoured by the press is this: Marbury was decided in 1803, it’s has been cited to hundreds of times. It has never been overturned. The Attorney General of the United States affirms that it is good law. There is absolutely no question it is binding law, so commonplace it wasn’t even a discussion piece outside first year law school until the president tried to undo it in a press conference.
So far so good, but what’s missing here?
If Marbury has never been overturned and is binding law with decades of citable history behind it, what makes it different from a case decided in 1875 which has also never been overturned and has been cited to for decades?
Nothing. They are both still law.
Minor V. Happersett in 1875 decided Ms. Virginia Minor did not have the right to vote. While originally a Women’s Suffrage (voting) case, the Court in Minor interpreted the constitution determining that citizenship itself did not give right to vote, unequivocally stating in the final paragraph of the decision: “Being unanimously of the opinion that the Constitution of the United States does not confer the right of suffrage upon any one” - Minor V. Happersett (88 U.S. 162).
Constitutional Amendments against discrimination preventing a person from voting based on race (15th), sex (19th) and age (26th)., are taken for granted as being a constitutional rights to vote, yet in reality, there is no constitutionally protected “right” to vote, there are amendments against discrimination.
To restate this immeasurably important distinction, there is nothing in the constitution which gives Americans the right to vote; instead the constitution eliminates circumstances such as gender and race from preventing voting. This is a legal distinction perhaps only a lawyer can properly love, yet the fact remains, the difference between the two is as great as the difference between lead and gold.
This is why the Minor Case has never been overturned; its conclusion is a statement of fact. Because it has never been overturned, the basic definitions of citizenship made in Minor still apply today because they are the independent grounds upon which the court made its decision.
To use a metaphor, ‘The light bulb turned on because there is electricity. Electricity is the flow of electrons in a current which heats a wire making a light bulb glow,’ the definition of electricity is the independent ground upon which we can say the light bulb turned on.
This is not an issue of dictionary semantics, or the meaning of words changing over time. The Minor court defined natural born citizenship as part of its independent ground for deciding the case, making it a part of the ‘holding’ - for deciding the case as it did. ‘Citizenship does not give the right to vote. Citizens are…’. These definitions were codified in law which, like those made in Marbury V. Madison, makes them inviolate.
The court in 1875 chose to define through its specific wording what natural born citizens were and still are today, just as in 1803 it decided the right of judicial review lay with the Supreme Court and nowhere else.
Illegal governments do illegal things
Why is the Minor case relevant in 2012 as it applies to the federal government breaking laws left and right?
The answer is not only insidiously dangerous, but terribly simple. The man at the head of that government is there illegally. How can this be? Because Minor V. Happersett is still law, it has not been overturned any more than Marbury V. Madison has.
“At common-law, with the nomenclature of which the framers of the Constitution were familiar, it was never doubted that all children born in a country of parents who were its citizens became themselves, upon their birth, citizens also. These were natives, or natural-born citizens, as distinguished from aliens or foreigners. Some authorities go further and include as citizens children born within the jurisdiction without reference to the citizenship of their [p168] parents. As to this class there have been doubts, but never as to the first. For the purposes of this case it is not necessary to solve these doubts. It is sufficient for everything we have now to consider that all children born of citizen parents within the jurisdiction are themselves citizens.” Minor V. Happersett (88 U.S. 162)
The Court did not need to decide if Virginia Minor was a citizen because she was obviously a natural born citizen, born in the United States to two parents who were its citizens. The Minor case instructs clearly and concisely, those not born to two citizen parents have doubts about their citizenship status which in some circumstances, such as qualification under Article 2 Section 1 of the United States Constitution, will demand answers.
Simple logic tells us where there is doubt about something proofs must be offered to confirm the status of it. The proof offered by Barack Obama of his Natural Born Citizenship and placed by him on the White House website has been found to be a “probable forgery” by Sheriff Joe Arpaio of Maricopa County Arizona in a legitimate law enforcement action undertaken at the written insistence of the Citizens of Maricopa County and presented to them in person on March 31, 2012. The Sheriff is a five time, popularly elected law enforcement official who has served 20 years in that office.
This is the M-1/A-2 tank roaring through the room. If Marbury V. Madison is still law, so too is Minor V. Happersett.
If Barack Obama was completely wrong to state: “…the Supreme Court will not take what would be an unprecedented extraordinary step of overturning a law that was passed by a strong majority of a democratically elected congress…”, then he is equally incorrect to claim Natural Born Citizenship because he was not “born in a country of parents who were its citizens”. He has offered no legitimate proof that he could be, his father was a British Subject of Kenya and never a citizen of the United States. What proof Obama has offered has been proven a forgery by law enforcement officials.
The simplest of conclusions is unavoidable: Illegal governments do illegal things, expect nothing less.
Mrs. Cotter is a senior at American Military University, recipient of the Outstanding Student Essay of 2009, a member of Delta Epsilon Tau and Epsilon Pi Phi Academic Fraternities and on the Dean's and President's Lists for academic achievement. She has published at American Thinker, Examiner.com, Accuracy in Media, Family Security Matters, Post and Email, and English Pravda.