Constitutional Refuseniks

From Reason – “Stewart Rhodes on his controversial group the Oath Keepers and the orders they won’t obey” Stewart will be a featured speaker at Nullify Now! Austin on 04-16-11. Get tickets here – http://www.nullifynow.com/austin/ or by calling 888-71-TICKETS ******* When you run down the list of issues the Oath Keepers are worried about, it…

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Impeachment over Libya?

Well-known constitutional attorney Bruce Fein has drafted an article of impeachment against President Obama over his attack on Libya.

Bruce Fein says that “Barack Hussein Obama has mocked the rule of law, endangered the very existence of the Republic and the liberties of the people, and perpetrated an impeachable high crime and misdemeanor.” And, there appears to be some interest in Congress in pursuing this – He said, “There’s definitely been interest on the Hill. There’s at least two dozen who have been open to the idea that this is a serious constitutional crisis.” (via politico)

ARTICLE OF IMPEACHMENT OF PRESIDENT BARACK HUSSEIN OBAMA

RESOLVED, That Barack Hussein Obama, President of the United States, is impeached for high crimes and misdemeanors, and that the following article of impeachment to be exhibited to the Senate:

ARTICLE OF IMPEACHMENT EXHIBITED BY THE HOUSE OF REPRESENTATIVES OF THE UNITED STATES OF AMERICA IN THE NAME OF ITSELF AND OF ALL OF THE PEOPLE OF THE UNITED STATES OF AMERICA, AGAINST BARACK HUSSEIN OBAMA, PRESIDENT OF THE UNITED STATES OF AMERICA, IN MAINTENANCE AND SUPPORT OF ITS IMPEACHMENT AGAINST HIM FOR HIGH CRIMES AND MISDEMEANORS IN USURPING THE EXCLUSIVE PREROGATIVE OF CONGRESS TO COMENCE WAR UNDER ARTICLE 1, SECTION 8, CLAUSE 11 OF THE CONSTITUTION.

ARTICLE I

In his conduct of the office of President of the United States, Barack Hussein Obama, in violation of his constitutional oath faithfully to execute the office of President of the United States and, to the best of his ability, preserve, protect, and defend the Constitution of the United States, and in violation of his constitutional duty to take care that the laws be faithfully executed, has usurped the exclusive power of Congress to initiate war under Article I, section 8, clause 11 of the United States Constitution by unilaterally commencing war against the Republic of Libya on March 19, 2011, declaring that Congress is powerless to constrain his conduct of the war, and claiming authority in the future to commence war unilaterally to advance whatever he ordains is in the national interest. By so doing and declaring, Barack Hussein Obama has mocked the rule of law, endangered the very existence of the Republic and the liberties of the people, and perpetrated an impeachable high crime and misdemeanor as hereinafter elaborated.

I.
THE IMPEACHMENT POWER

1. Article II, Section IV of the United States Constitution provides: “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.”

2. According to James Madison’s Records of the Convention, 2:550; Madison, 8 Sept., Mr. George Mason objected to an initial proposal to confine impeachable offenses to treason or bribery:

Why is the provision restrained to Treason & bribery only? Treason as defined in the Constitution will not reach many great and dangerous offences. Hastings is not guilty of Treason. Attempts to subvert the Constitution may not be Treason as above defined–As bills of attainder which have saved the British Constitution are forbidden, it is the more necessary to extend: the power of impeachments.

3. Delegates to the Federal Convention voted overwhelmingly to include “high crimes and misdemeanors” in Article II, Section IV of the United States Constitution specifically to ensure that “attempts to subvert the Constitution” would fall within the universe of impeachable offences. Id.

4. Alexander Hamilton, a delegate to the Federal Convention, characterized impeachable offenses in Federalist 65 as, “offenses which proceed from the misconduct of public men, or in other words, from the violation or abuse of some public trust. They are of a nature which with peculiar propriety may be denominated political, as they relate chiefly to injuries done to society itself.”

5. In 1974, the House Judiciary Committee voted three articles of impeachment against then President Richard M. Nixon for actions “subversive of constitutional government.”

6. Father of the Constitution, James Madison, observed that, “Of all the enemies of public liberty, war is, perhaps, the most to be dreaded, because it comprises and develops the germ of every other…. War is the true nurse of executive aggrandizement.”

7. James Madison also instructed that “no nation could preserve its freedom in the midst of continual warfare.”

8. The exclusive congressional power to commence war under Article I, section VIII, clause XI of the Constitution is the pillar of the Republic and the greatest constitutional guarantor of individual liberty, transparency, and government frugality.

II.
THE “DECLARE WAR” CLAUSE

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TN Legislative Update: Week of April 10

There are two great Tenth Amendment bills moving this week in the Tennessee General Assembly.  The Real ID Nullification bill (SB1638/HB1874) sponsored by Sen. Stacey Campfield and Rep. Frank Niceley will go before the General Subcommittee of the House Transportation Committee on Tuesday, April 12 and before the Senate Transportation Committee on Wednesday, April 13.

The bill is straightforward in listing the concerns that the bill raises for Tennesseans and citing the reasons that the Real ID Act is unconstitutional.  It then goes on to simply say that the state of Tennessee will not comply with the Real ID Act passed by Congress in 2005.  Contact members of the House subcommittee and Senate committee to encourage them to move this bill forward.

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