Friday, February 25, 2011

Impeaching President Obama?

According to an article published today:
...former House Speaker Newt Gingrich said President Barack Obama’s decision not to fully enforce the Defense of Marriage law eventually could lead to a constitutional crisis, as he has directly violated his constitutional duties by arbitrarily suspending a law. 
Gingrich even suggested that, if a “President Sarah Palin” had taken a similar action, there would have been immediate calls for her impeachment. Asked directly whether President Obama could be subject to articles of impeachment, Gingrich said, “Clearly it is a dereliction of duty and a violation of his constitutional oath and is something that cannot be allowed to stand.” 
The President of the United States sometimes has to follow counsel from his lawyers about the constitutionality of actions on which the courts have not ruled. Limited resources may also force the President to prioritize his enforcement of some laws over others.

But when the Congress passes a law, and the courts uphold the constitutionality of that law--how can the President just unilaterally decide that said law is unconstitutional and act on that opinion? The President does not have the constitutional authority to declare a law to be unconstitutional. That power belongs to the courts alone--and they have upheld the constitutionality of DOMA.

Imagine the possible consequences if this was allowed to stand. What if a President declared that that elections were unconstitutional and that he would order his Justice Department to prohibit them?

For the President to just unilaterally decide that the law is unconstitutional and that he will no longer enforce it (or defend it in court) is, in my opinion, a violation of his oath of office. I think Congress should demand that he uphold the law and if he refuses to do so, he should be impeached.

1 comment:

Seeker said...

Newt is a goofy power hungry egomaniac, but he has a point.

The president CAN be impeached for "high crimes and misdemeanors".

If you an convince most of Congress that Obama's decision to enforce, but not to argue in court, this DOMA, is a high crime or misdemeanor, then Obama could be impeached.

But why stop there? Impeach him because he was elected. Yeah, he claimed he was for the working man, and clearly, he is for the banks and fat cats.

Impeach him for that.

Let's get impeachments of every presidents for doing things we don'tlike. Just call Newt, have him bring his tummy and his mistresses over, and declare that whatever Obama does is a high crime, and lets get the party started.

Great idea.