Wednesday 24th May 2017

Home » Featured Today » Currently Reading:

An Unconscionable Silence

February 24, 2014 Featured Today No Comments

By ANDREW P. NAPOLITANO

The political philosopher Edmund Burke once remarked that all that is necessary for the triumph of evil is for good folks to do nothing. A glaring example of the impending triumph of a constitutional evil that could be stopped by folks who have been largely silent is the tyranny coming from the White House.
And the folks who can stop this and are doing nothing about it are our elected representatives in Congress.
The Constitution is the supreme law of the land. It established the three branches of government, and it delegated “all legislative powers” to Congress. American law rarely uses the word “all.” Yet the Framers chose that word precisely to confine law writing to Congress and to prevent a president from altering federal law by the selective manner of his enforcement of it and thereby effectively rewriting it.
The same Framers sought to guard against the same evils by compelling the president to swear at the commencement of his terms in office that he will “faithfully” enforce the laws. The use of the word “faithfully,” like the use of the word “all,” is intended to assure voters that they can count on a president who will do the job they hired him to do by enforcing federal laws, not evading them, and by enforcing them as Congress has written them, not as the president might wish them to be.
To be fair, many presidents, from the sainted Thomas Jefferson to the tyrannical FDR, put their own spin on federal law. Jefferson pardoned all those convicted under the Alien and Sedition Acts because he hated a statute that punished free speech and he boasted that he would not enforce that part of the acts (they expired under his watch). And FDR when barely two weeks in office issued an executive order criminalizing the possession of gold because he foolishly thought it would stabilize the banks, until an adviser reminded him that only Congress can write criminal laws (which he then persuaded Congress to do).
Yet in President Obama we have a president whose personal interferences in the enforcement of federal laws reveal his view that he can rewrite them and even nullify them.
Presidential law writing violates the presidential oath of office, steals power from Congress, disrespects an equal branch of the government and, when unchecked, accumulates such power in the executive branch that it effectively transforms the president into a menacing tyrant who rejects his constitutional obligations and limitations.
Obama bombed Libya without a declaration of war from Congress. This arguably brought down the Qadhafi government, which led to the current state of lawlessness there, which produced the environment in which our ambassador was murdered in Benghazi in 2012 and established a dangerous precedent because Congress remained officially silent.
He has told the 11 million illegal immigrants who are here and subject to deportation that if they comply with a new set of rules they will not be deported. The constitutional problem is that the president wrote those rules. Only Congress can craft such rules, and by the president’s doing so, he has schooled immigrants in how to avoid compliance with federal law.
The president has used drones to kill Americans, but claims he has done so lawfully because he complied with secret rules that he crafted. Under the Constitution, if the president wants someone dead, he must afford the person due process or ask Congress to declare war on the country housing the person. No worries, he says — he has followed the secret rules that he wrote to govern himself when deciding whom to kill.
The president’s agents now acknowledge that they spy on all of us all the time, including members of the judiciary and Congress. This, too, was done pursuant to a secret presidential directive, secretly approved by judges acting as clerks and not under the Constitution, and by a dozen members of Congress sworn to secrecy. No law authorized this, and the president won’t discuss it meaningfully, except to condemn its revelation.
And in a series of salvos that hit home, the president has modified the Affordable Care Act (Obamacare) 29 times, by changing its various dates of effectiveness for some but not for others, by changing the meanings of terms for some but not for others, and even by diluting the signature obligation we all have to obtain the platinum insurance policies it commands for some and not for others. He has done all of this on his own, with no input from Congress. He has even threatened to veto any congressional effort to enact into law the very changes he alone has made.
His latest assault on the Constitution consists of a plan by the Department of Homeland Security, revealed this past week, effectively to follow us as we drive on public roads by photographing the license plate of all motor vehicles. This, too, was formulated without congressional approval or constitutional authority.
And while all of this is going on, Congress largely sits as a potted plant. In the Senate, Senators Rand Paul, Ted Cruz, and Mike Lee have complained long and loud, but Senate Majority Leader Harry Reid will not permit legislation to address presidential lawlessness to reach the Senate floor. A few dozen Republicans in the House have complained, but Speaker John Boehner will not permit the House to address corrective legislation. Institutionally and officially, Congress is sleeping.
Can you imagine how a Democratic Congress would have reacted if Ronald Reagan had instructed the IRS to cease collecting capital gains taxes so as to spur economic activity; or how a Republican Congress would have reacted if Bill Clinton had instructed the IRS to add a 1-percent rate increase to the tax bills of billionaires so as to close a budget gap?
These are dangerous times because this is a lawless presidency and a pliant Congress. The president’s willingness to violate the Constitution publicly calls into question his fitness for office. And that deafening silence from Capitol Hill manifests a spineless refusal to preserve constitutional government.
The whole purpose of dividing and separating governmental powers is the preservation of personal liberty by preventing the accumulation of too much power in one branch or, heaven forbid, in one person. Whoever permits this to take place lacks fidelity to the Constitution, is unworthy of holding governmental power in a free society, and should be removed from office.

+    +    +

(Andrew P. Napolitano, a former judge of the Superior Court of New Jersey, is the senior judicial analyst at Fox News Channel. Judge Napolitano has written seven books on the U.S. Constitution. The most recent is Theodore and Woodrow: How Two American Presidents Destroyed Constitutional Freedom.)

Share Button

2017 The Wanderer Printing Co.

Planned Parenthood Closing Multiple Abortion Clinics in Iowa After State Defunds It

The abortion chain Planned Parenthood announced plans Thursday to close four Iowa clinics as a result of a new state law that defunds it. At the end of June, Planned Parenthood facilities in Burlington, Keokuk and Sioux City, Iowa will…Continue Reading

Graduates walk out on Pence at Notre Dame commencement

SOUTH BEND, Ind. (AP) — Dozens of graduates and family members silently stood and walked out Sunday as Vice President Mike Pence began his address at Notre Dame’s commencement ceremony. Pence, the former governor of Indiana, was invited to speak…Continue Reading

Trump nominates Callista Gingrich for ambassador to the Vatican

President Trump has nominated Callista Gingrich, the wife of former Speaker Newt Gingrich (R-Ga.), as ambassador to the Holy See, the White House announced Friday. The nomination comes just five days before Trump is set to meet with Pope Francis…Continue Reading

The murder case of Blessed Oscar Romero has been reopened

San Salvador, El Salvador, May 19, 2017 / 01:14 pm (CNA/EWTN News).- A nearly 40 year-old murder case was reopened this week to properly prosecute the suspected killer behind the Salvadorian archbishop’s martyrdom. Because of an amnesty law that prohibited…Continue Reading

Notre Dame Protest of Pence Twists Catholic Social Teaching

This Sunday, vice president Mike Pence will return to his home state of Indiana to deliver the commencement address at the University of Notre Dame. For the third time in several years, the school’s graduation ceremony will be plagued by…Continue Reading

Planned Parenthood is Ditching the Failed “Pro-Choice” Label. Here’s Why

The “pro-choice” label has not been working out so well for the abortion chain Planned Parenthood. The labels pro-choice and pro-life have been used for decades to help identify people’s positions on abortion, but young adults seem to be moving…Continue Reading

Bishop Conley: The Pro-Choice Political Dictatorship of Relativism

In 2005, Cardinal Joseph Ratzinger, who would soon be elected Pope Benedict XVI, preached that “we are building a dictatorship of relativism that does not recognize anything as definitive and whose ultimate goal consists solely of one’s own ego and…Continue Reading

These Republicans Voted Against the Bill to Defund the Planned Parenthood Abortion Biz

Republicans in the House of Representatives yesterday voted for a Reconciliation bill that would defund the Planned Parenthood abortion business. This was the second attempt to get enough votes on the reconciliation bill that would not only defund the nation’s…Continue Reading

Cecile Richards Comes Unglued After House Defunds Planned Parenthood: Republicans Hate Women

Planned Parenthood abortion business president Cecile Richards it’s not happy that the House of Representatives voted yesterday to defund Planned Parenthood. The main response of the CEO of the nation’s biggest abortion conglomerate can be summed up in three words:…Continue Reading

Despite pro-life provisions, healthcare bill raises serious concerns

Vatican City, May 4, 2017 / 05:27 pm (CNA/EWTN News).- The House passed a repeal of the Affordable Care Act and a replacement health care bill on Thursday, but one bishop warned that the new bill poses serious problems for…Continue Reading

Nine Catholic Colleges to Honor Opponents of Catholic Teaching at Commencement Ceremonies

This spring’s commencement honorees at nine Catholic colleges include pro-abortion politicians, a dissenting priest, and advocates for same-sex marriage, according to The Cardinal Newman Society’s annual review of commencement speakers and honorary degree recipients at more than 200 Catholic colleges…Continue Reading

Matt Walsh: Dear Christians, there’s nothing ‘compassionate’ about helping people get to Hell

I received this email yesterday. The subject line, as you could guess, was “Compassion”: Matt, you call yourself a Christian but you have no compassion. The Jesus I believe in just wants people to be compassionate towards each other. We…Continue Reading

Untitled 5 Untitled 2

Attention Readers:

  Welcome to our website. Readers who are familiar with The Wanderer know we have been providing Catholic news and orthodox commentary for 150 years in our weekly print edition.


  Our daily version offers only some of what we publish weekly in print. To take advantage of everything The Wanderer publishes, we encourage you to su
bscribe to our flagship weekly print edition, which is mailed every Friday or, if you want to view it in its entirety online, you can subscribe to the E-edition, which is a replica of the print edition.
 
  Our daily edition includes: a selection of material from recent issues of our print edition, news stories updated daily from renowned news sources, access to archives from The Wanderer from the past 10 years, available at a minimum charge (this will be expanded as time goes on). Also: regularly updated features where we go back in time and highlight various columns and news items covered in The Wanderer over the past 150 years. And: a comments section in which your remarks are encouraged, both good and bad, including suggestions.
 
  We encourage you to become a daily visitor to our site. If you appreciate our site, tell your friends. As Catholics we must band together to rediscover our faith and share it with the world if we are to effectively counter a society whose moral culture seems to have no boundaries and a government whose rapidly extending reach threatens to extinguish the rights of people of faith to practice their religion (witness the HHS mandate). Now more than ever, vehicles like The Wanderer are needed for clarification and guidance on the issues of the day.

Catholic, conservative, orthodox, and loyal to the Magisterium have been this journal’s hallmarks for five generations. God willing, our message will continue well into this century and beyond.

Joseph Matt
President, The Wanderer Printing Co.

Untitled 1

Enter Comments Below

This Weeks Comments And Letters . . .

Culture Of Life 101 . . . “An Introduction To The Problem Of Euthanasia”

By BRIAN CLOWES Part 2 (Editor’s Note: Brian Clowes has been director of research and training at Human Life International since 1995. For an electronic copy of chapter 23 of The Facts of Life, a 150-page treatise on all of the aspects of euthanasia, e-mail him at bclowes@hli.org.) + + + We have covered the definitions of the varieties of…Continue Reading

Today . . .

Pope Francis Receives US President Donald J. Trump

Pope Francis received President of the United States of America, Donald Trump, today, May 24, 2017, at about 8:30 a.m. in the Apostolic Palace, before Francis’ weekly General Audience in St. Peter’s Square. The meeting was broadcasted by Vatican Television and can be watched via this link: https://www.youtube.com/watch?v=YVCm1-toVFg According to a statement released by the Holy See Press Office, the discussions, which lasted about 30 minutes, were cordial.

Trump budget completely defunds abortion providers, and Planned Parenthood is furious

May 23, 2017 (LifeSiteNews) — Pro-abortion feminists are bemoaning and pro-lifers are celebrating President Trump’s 2018 budget proposal that would withhold all federal funds from abortion-provider Planned Parenthood. Breitbart reported yesterday that Office of Management and Budget (OMB) Director Mick Mulvaney told the media on Monday that the new budget would defund the abortion business, but only if the new Republican healthcare legislation passed recently by the House is also passed by the Senate and…Continue Reading

Catholic Church Sues St. Louis to Stop It From Becoming a “Sanctuary City” for Abortion

Several Missouri Catholic groups filed a lawsuit Monday challenging a St. Louis ordinance that could force them to hire abortion activists and rent to pro-abortion groups. The Catholic Archdiocese of St. Louis, the pro-life maternity home Our Lady’s Inn and a local Catholic businessman said the city ordinance violates their constitutional freedoms. In their lawsuit, they ask the court to block the city from enforcing the measure. In February, the St. Louis Board of Alderman…Continue Reading

Canon lawyer tells diocese to follow guidelines allowing Communion for remarried

May 19, 2017 (LifeSiteNews) – A canon lawyer told priests at a workshop run by a U.S. diocese that Pope Francis’ Amoris Laetitia has allowed them to break with the Church’s tradition practice of refusing Communion to “remarried” Catholics. Since the diocesan bishop has not issued his own guidelines on the Pope’s exhortation, the canonist said, the priests can follow the controversial interpretations from the bishops of Malta and Buenos Aires. The workshop was recorded…Continue Reading

Pope Francis announces new June 28 consistory

Vatican City, May 21, 2017 / 04:56 am (CNA/EWTN News).- During his Regina Coeli address Sunday, Pope Francis announced to pilgrims that he will be holding a June 28 consistory to create 5 new cardinals he said represent the “catholicity” of the Church. “Brothers and sisters, I wish to announce to you that Wednesday, June 28, I will hold a consistory for the nomination of 5 new cardinals,” the Pope said May 21, adding that…Continue Reading

A Movie Review… “Outcasts” And True Social Justice

By REY FLORES “A bold example of social justice in action” — Follow the cameras of Grassroots Films, the Award-Winning producers of The Human Experience and Child 31, on an unexpected journey across the globe. Travel to the prisons of Central America, walk the dark city streets of London, New York, and Ireland’s most treacherous…Continue Reading

Kentucky Printer Can Refuse LGBT Message

LEXINGTON, Ky. — A Kentucky Court of Appeals ruling on May 14 affirmed a printer who objected to promoting a message for Lexington’s Gay and Lesbian Services Organization (GLSO) which conflicted with his sincerely held religious beliefs. Hands On Originals’ managing owner, Blaine Adamson, represented by Alliance Defending Freedom, refused to print T-shirts for the…Continue Reading

No Help For Minor Children… Gender Confusion Prevails In The Courts

By DEACON MIKE MANNO (Editor’s Note: Deacon Mike Manno, an attorney, is director of deacons for the Diocese of Des Moines and host of Iowa Catholic Radio’s Faith On Trial program [www.iowacatholicradio.com]. He can be reached at deaconmike@iowacatholicradio.com.) + + + This month the U.S. Supreme Court declined to hear an appeal of a Ninth…Continue Reading

Neither Left Nor Right, But Catholic… Conservatism, Economics, Social Welfare, And Catholic Social Teaching

By STEPHEN M. KRASON (Editor’s Note: Stephen M. Krason’s Neither Left nor Right, but Catholic column appears monthly, sometimes bimonthly. He is professor of political science and legal studies and associate director of the Veritas Center for Ethics in Public Life at Franciscan University of Steubenville. He is also co-founder and president of the Society…Continue Reading

A Book Review . . . Pragmatism Revisited

By JUDE DOUGHERTY Putnam, Hilary, and Ruth Anna Putnam. Pragmatism as a Way of Life: The Lasting Legacy of William James and John Dewey. Edited by David Macarthur. Cambridge, MA: Harvard University Press, 2017. xi + 475 pp. Cloth, $49.95. This book consists of twenty-seven essays, thirteen by Ruth Anna Putnam, eleven by Hilary Putman,…Continue Reading

Advertisement

Our Catholic Faith (Section B of print edition)

The Canonization Mass For Jacinta And Francisco . . . Pope Francis Says: “Dear Pilgrims, We Have A Mother”

(Editor’s Note: Pope Francis on May 13 canonized Jacinta and Francesco Marto, as the highlight of his May 12-13 Apostolic Pilgrimage to Fatima. Below is the Vatican translation of the Pope’s homily during the Mass, as provided by ZENIT News Agency. (It is followed by the text of Pietro Cardinal Parolin’s homily at the vigil. Earlier at the vigil, the…Continue Reading

A Leaven In The World… 25th Ordination Jubilee Solemn High Mass And Celebration

By FR. KEVIN M. CUSICK (Editor’s Note: The staff of The Wanderer congratulates Fr. Cusick on his upcoming 25th anniversary of Ordination.) + + + Thank you for reading my column so faithfully over the years and for all that you have done to support the apostolate of The Wanderer. As we mark the 25th anniversary of my June 6,…Continue Reading

Our Savior And Redeemer… More On The Gabirah, The Queen Mother

By RAYMOND DE SOUZA, KM Part 8 St. Louis-Marie Grignion de Montfort, in his celebrated book True Devotion to Mary, explains that our Lady is not only the Mother of Christ, the Mother of God Incarnate, but she is also the spiritual Mother of All Christians, of all those who are baptized into the Church founded by her Son. He…Continue Reading

The Sacraments Of Healing

By DON FIER When we began our examination of the teaching of the Catechism of the Catholic Church (CCC) on the seven sacraments several months ago, it was noted that they are often grouped into various categories: sacraments of the living and of the dead; sacraments of initiation, healing, and vocation or service; sacraments that can be received only once…Continue Reading

Catholic Replies

Q. I find the following passages in the Gospels puzzling. When the soldiers came to arrest Jesus in the Garden of Gethsemane and they asked Him if He was Jesus the Nazorean, He replied, “I told you that I AM. So if you are looking for me, let these men go.” John says that “this was to fulfill what he…Continue Reading

Catholic Heroes… St. Peter Sanz And Companions

By CAROLE BRESLIN In 1748, the Viceroy of Peking with great frustration asked, “What are we to do with these men? Their lives are certainly irreproachable. . . . Their jailers and their families become their disciples and embrace their religion. To prolong this state is only to give them the opportunity of increasing the number of Christians.” Thus Peter…Continue Reading

Catholic Heroes… Pope St. Celestine V

By CAROLE BRESLIN After the death of Pope St. John Paul II, faithful Catholics rejoiced at the election of Joseph Cardinal Ratzinger as the next Vicar of Christ. The German prelate took the name of Benedict XVI for two reasons: in memory of Pope Benedict XV who led the Church during the turbulent times of World War I, seeking peace…Continue Reading