Beyond the Rhetoric: Obama Flunks as Constitutional Law Professor

Harry Alford

By Harry C. Alford
NNPA Columnist

It has been told by many in the press that President Obama is a former professor who taught constitutional law at the University of Chicago.  I find that hard to believe.  His actions, thoughts and governing model have no semblance of respect for our U.S. Constitution.  His defiance against both houses of the legislature and his criticism of the U.S. Supreme Court from time to time make me wonder.  How could someone teach constitutional law to a group of law students and have little regard for its principles as he performs or non-performs his duties as president of the United States.  The examples of my claim are big and numerous. Let me cite a few.

At the beginning of his first administration, Obama attempted to rush through the cap and trade legislation.  The law was laden with thousands of pages demanding states to perform nearly impossible tasks.  It did not take into consideration a basic and strong principle of our constitution:  Our states have precious rights which are controlled by those respective, and not the federal government.

What the White House was trying to do was pass onerous mandates that would heavily cost these state governments without recourse.  Wealth was to be redistributed to other nations and at the cost of American citizens.  The cost of energy would be overbearing to the common middle class family affecting the economy of each and every state.

In the end, the states and the Republican opposition had the courts stand down this runaround attempt against our precious constitution.  The cap and trade legislation went south with a “bullet” and embarrassed the Democratic caucus on Capitol Hill.

Lately, the Obama administration is trying to resurrect the above effort through rule making by the Environmental Protection Agency.  Laws are written and from time to time rules on how to implement a law will come out to update the legislation as the law may need updating to remain relevant.

Under this administration such rule making has become an art at creating new laws without going through Congress. Remember, only Congress can write legislation. The president’s administration enforces that law as Congress intended. The judicial system ensures that all laws remain within the guidelines of the constitution.  Currently, EPA rule change 111-D is being forced down the “throats” of our state governments.  States are given mandates that will cost them excessively and destroy jobs by the thousands and raise energy pricing for businesses and citizens.  We and many associations and activists are pleading with each state to not abide by the mandate. Simply refuse to do it  The federal government has no mechanism to fine or sanction a state who ignores the mandate. That’s because it is actually illegal.  You can’t enforce a law that isn’t legal.  If the administration tries to punish a resisting state a court will side with the state.

Right now, such a scenario is happening with the biggest assault ever made on the constitution, the Affordable Care Act aka Obamacare.  This law was won by a margin of one vote in the legislature.  It has been unilaterally and illegally amended by the president to the point it is not the same law that was voted on.  Most of its proponents haven’t even read the law.  According to one of the “architects” of this law, Jon Gruber, transparency had to be replaced with secrecy because the American people would not agree with the law as they were secretly changing it.  Mr. Gruber publically laughs about how they pulled one over on the American voters because of their “stupidity”.  That’s right they claim the “voter stupidity” is what made the law pass.

However, they have a problem. Thirty-six of our 50 states are refusing to abide one of the mandates.  They are supposed to set up subsidies to provide cost relief to those who can’t afford their needed insurance.  If they don’t, then the only recourse is for the federal government to provide a subsidy exchange in each of those 36 states. This won’t happen as the federal government does not have the funding for such a gigantic cost.  The Supreme Court will examine this between now and June 2015.  At that time it will all hit the fan.  The courts have been siding against the Administration in various lawsuits across the nation.  Ultimately, the Supreme Court will settle the issue once and for all.  Obamacare will be declared unconstitutional.  The nation will go through a fiscal uproar due to this gigantic blunder that was nursed along with deception and outright lies by the 44th president of the United States.

A basic understanding of our constitution would have prevented this fiasco.  That is why I conclude the title “Professor of Constitutional Law” should not apply to President Barack Obama.

Harry C. Alford is the co-founder, President/CEO of the National Black Chamber of Commerce®. Website: www.nationalbcc.org  Email:  halford@nationalbcc.org.

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