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  • A Constitutional National Security Crisis of Obama's Own Creation

    We touched on this issue this morning, but former Assistant United States Attorney for the Southern District of New York and current National Review Institute senior fellow Andrew McCarthy has in depth article at National Review Online on the Constitutional crisis President Barack Obama is creating by failing to press comprehensive war on terror detainee legislation through Congress. McCarthy writes:

    The Constitution gives the political branches plenary responsibility for the conduct of war. The conduct of war includes the detention, trial, or release of enemy combatants. The federal courts have no role except the one they have usurped. This brazen power grab flouts the bedrock constitutional separation of powers, and the political branches do not have to abide it. Indeed, as national defense is their chief responsibility, it is their duty not to abide it.

    This experiment in allowing judges to preside over a central aspect of warfare has been a failure. The Constitution gives the political branches the power to put a stop to it, and they should act. It’s plainly in the Obama administration’s interest to rein the judges in, or to ignore them. If the president abdicates, Congress must assert itself. Regardless of what is in the administration’s interest, the national interest demands nothing less.

    Read the whole thing.

    For more facts, also see Heritage’s Detention of the Enemy During Wartime

    Other posts:

    The Judiciary is No Place to Make National Security Decisions

    Gitmo 2.0: Obama Skips a Step

    Punting National Security To The Judiciary

    No Courage from White House on Detainees

    Posted in Security [slideshow_deploy]

    24 Responses to A Constitutional National Security Crisis of Obama's Own Creation

    1. Bobbie Jay says:

      obama has no right to his course of action. obama has no personal constitution to which we must abide. obama has no sense but to destroy the strength this country and her people have gained. He is burdening and threatening this country at a magnitude. ARRESTS NEED TO BE MADE FOR THE SAFETY, SECURITY AND PROTECTION OF THE FREEDOM OF AMERICAN LIVES AND HUMAN DECENCY.

    2. Bob, Portland, OR says:

      It is pretty simple.

      To socialize The United States of America you have to attack it from all sides.

      Moral, Financial, Security, Morale and you must "overload the system", which in part means to "confuse the people" with actions and decisions made by government. When you overload the system, citizens become stressed and unfocused on the important issues.

      Look what we have so far, an economy with some of the highest unemployement of all time, an administration with felons, admitted communists, a child sex advocate and people who believe that if words don't work on the citzens, force will do.

      We also have a president and his fellow democrat senate and house attempting to jam health care and cap and trade down our throats for only one reason…to significantly increase our taxes.

      It is right out of Cloward & Piven.

      Americans have to make it though these next three years.

      The most important thing is our national security.

      When their "system" breaks down, we need to ask why and who allowed it to break down.

      We must continue to push our government to be accountable for any mistakes they make here.

      I have faith that Americans will prevail in the end.

    3. Lloyd Scallan - New says:

      Does Andrew McCarthy or the author, Conn Carroll, actually think Obama cares one wit about this country's securty? Everything he has done, and is attempting to do, is designed to "transform" this country into a socialist nightmare. To understand this fact, just remember Rahm Emanuel's words,

      "never let a crisis go to waste". That says it all. Obama and the Democrats want this country in constant "crisis".

    4. MaryAnn, USA says:

      Obama seemingly has no interest in national security, and congress appears to agree with him. Neither Obama or congress has any interest in what the American people clearly are demanding. What are the people to do? Hmmm…

    5. Barb, Wisconsin says:

      Obama continues to snub his nose at Americans and continues to wipe his backside daily with our Constitution. He is dangerous to us and our beloved country. It is time that impeachment proceedings begin and soon. Who will be the brave legislator to propose this? Do we even have one patriot in the house or senate anymore?

    6. Tim Az says:

      I think we should begin impeachment hearings against all judges who have engaged in unconstitutional conduct against America and the Congress of the United States. That is if the Congress of the 2012 election chooses to be relevant once again and exercise their duties under the constitution. Of course this would send the liberals running scared and blind. This would be five star entertainment.

    7. Donna, NJ says:

      Well said,Bob from Portland,OR. Or as Alinsky puts it,"The issue is not the issue,the issue is the revolution."

    8. Dennis A. Social Cir says:

      The dems do not care about us or the constitution. They all need to be thrown out in the streets with the trash. WE MUST VOTE IN 2010.

    9. Drew Page, IL says:

      To Bob in Portland,OR — I agree with your assessment completely. Well said.

    10. Ron Miller, Murfrees says:

      YES,YES,YES. It is really time to support impeachment proceedings against Obama and all the demos possible.All the activuse judges should also be forced out and the only litmus test for judges should be their knowledge of our CONSTITUTION.There should be numerous constitution ammendments going thru the system instead of allowing liberal judges to make laws never intended or considered by our founding fathers.How can we make it happen?

    11. HR Waltner, Duluth, says:

      In asserting that every person who refuses to purchase health insurance will be fined or even perhaps jailed, Obama has created a constitutional nightmare that will probably have to be adjudicated in the U. S. Supreme Court. No where in the Constituion does it grant The power of the President to make such a demand upon us citizens.

    12. Bob, Portland, OR says:

      Thank you all.

      We must unite and prevail to vote them out of office.

      No matter what, me must have elections.

    13. Louis L Cesar F Levy says:

      The multidimentional character of this War is what most fail to see, especially the higher level or Suggestion'( mind control)Dimension.

      Of course from there springs most of the reasons or causes of our Leaders peculiar behavior. Constitution, Fundamental Law, Military and War situation;some of subsumable Consequences of their non-intelligences like abilities of having the right judgement of an objective situation on the Ground of Combat which is therefore larger than what we only see, all need to be seen as IT IS. Let's go.

    14. Louis L Cesar F Levy says:

      The knowledge of all Dimensions involved in this war, that of the Enemy and its basic modes of being, acting and fighting, is of tremendous necessity.

    15. John, West Texas says:

      Not only in this forum but also in other public venues, informed citizens are verbalizing their astonishment at the possibly illegal actions occuring within our current federal legislative and executive bodies. Unfortunately, I have yet to read about any remedies apart from next November's election process. I fear that by then, the damage done will be irrepairable.

      Are there no other methods of protecting our Constitution?

    16. Lynn B. DeSpain says:

      Obama isn't the first President to go beyond the bounds granted to the President in the Constitution, nor is this Congress. However, these two combined are even more blatent in their abuse and misuse than even FDR.

      It matters not how humane nor for what purpose of equallity the tow Houses and the President break the Laws of our Constituion, the fact is they break it, and in doing so endanger our very Republic and our American way of Life, Liberty and Pursuit of Happiness, and this is wrong.

    17. judy, Richland, WA says:

      We must seek out and support candidates who have a chance to unseat a libDem. Here's my list: Colonel Allen West,FL; Jesse Kelly,AR; Jim Gibbons,IA; Rick Torres,CT; Ryan Frazier,CO; Allen Quist,MN; Louis Huddleston,NC; Michael Williams,TX. Also don't forget Joe Wilson (YOU LIE) & Gov Tim Pawlenty who put tort reform in his state, & Doug Hoffman who probably really won.

    18. Ron Derry NH says:

      The Heritages only fault here in these pages is it takes the gentleman's game of intellectual debate and tries to apply it to serpents.

      When a successful nation is turned on its heals by economics, constitutional threats and policies that defy the very workings of its constitutions order of policies and principles, it is under ATTACK!

      At some point the dance with the serpent must be recognized for what it is and the tools of defense and resistance have got to be aimed at the destroyers with the same vicious intent in which they are being applied, because the poison may have already gotten under the skin.

      This is not by accident that these well educated , well placed usurpers of the American Constitutional Republic obedience are dancing around its implications to form a new method of governing.

      Coercion, corruption and chaos are the tools of fascism and the road to suppression of the people under financial and legal upheaval!!

      Yes it can happen in America.

    19. judy, Richland, WA says:

      Also Danny Tarkanian,NV is running to oust Harry Reid & Pat Toomey,PA is running to oust Arlan Specter & Scott Brown in MA is running against Ted Kennedy's widow, Martha, who has no qualifications to be a Senator. Do your homework on all these candidates.

    20. judy, Richland, WA says:

      Frank Gaffney said it best:


      Undermine Our Allies,

      Embolden Our Enemies,

      Diminish Our Country.

    21. randa perry says:

      We must volunteer at polling places to guard the integrity of the 2010 vote to dump these "progressives",, ie. communists.. they have hijacked their last election.. It just is too much to bear watching them plunder Sweet America.

    22. Lebo, florida says:

      West Texas is correct.

      In 3 years this country will no longer exist as we used to know it.

      I personally stopped worrying about the Health Care (Fascism) bill. You know they will pass it as they simply couldn't care less about what Americans want. My plan is to just say no….I will not participate period. They can pound sand for all I care. Not gonna play. They simply cannot throw all of us into jail. Aside from the vote and/or the rifle, this is the only weapon I have per the Constitution.

      Now, if States would get off the dime, enforce their 10th Amendment rights to actually protect their citizens fom the overreaching Federal Government and begin collecting all State, Local and Federal Taxes at the local level and pass on to Uncle Sam only what the folks in that state think is right and reasonable we could choke the Federal Government down to size by simply limiting their funds available. This way the Federal Government does in fact still get to collect their taxes per Article One Section eight, they just don't get to collect any more than what the states are willing to give which is as it should be anyway.

      The Power is with the People and the States. It's past time to exercise that power. Recall the States exist and are seperate entities ie they exist independantly from the Union. Given the Federal Government Executive Branch and both Houses of Congress obviously do not follow and/or believe in our great Constitution, it is up to the People and the States to remind them they exist only to support us, not the other way around.

      Any and all Federal Court/Supreme Court issues raised to this new independent action by the states should just be ignored as these are State issues and do not come under Federal Jurisdiction. As before, just tell them to "Pound Sand".

      Time to get serious folks before we loose all that is good of our Union.


    23. Jeanne Stotler, wood says:

      14 or mor state Atty. Gen.'s have filed suit in fed court, now we need someone in Congress to start impeachment, and again someone o charge the whole bunch with treason. Our most power ful weapon is OUR VOTE, they, liberals, are starting to run scared, already, Dodd and a couple others are announcing that they will retire this year, Rats are leaving the sinking ship.

    24. ann kitay fulton,tx says:

      Just a footnote: the translation of the word crises in Chinese is…dangerous opportunity. Life!

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