Tuesday 31st March 2015

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

Comment on this Article:

Lying About Card. Burke

Both Michael Sean Winters of the Fishwrap and David Gibson of RNS posted intellectually dishonest hit pieces against Card. Burke. They purposely misread what Card. Burke said in order to put him in the worst light they could. At least…Continue Reading

Pope says prayers, not ‘gossip,’ needed for successful synod on family

By Carol Glatz Catholic News Service VATICAN CITY (CNS) — No matter how weary, wounded or sinful a family has become, the church will always do everything to try to help family members heal, convert and reconcile with the Lord,…Continue Reading

Cardinal Burke says confusion spreading among Catholics ‘in an alarming way’

LifeSiteNews: Since the extraordinary synod on the family, we have entered a period of uncertainty and confusion over several “hot-button” issues: communion for divorced and “remarried” couples, a change of attitude towards homosexual unions and an apparent relaxing of attitudes…Continue Reading

Bishop backs Catholic school’s removal of teacher over pro-marriage Facebook comments: cites Pope Francis

SOMERVILLE, NJ, March 23, 2015 (LifeSiteNews.com) – A Catholic school has decided not to rehire a theology teacher who rejected the argument in favor of gay “marriage” on her private Facebook page, her family has announced. The controversy began last…Continue Reading

Creepy Catholicism.

Martin O’Malley is the latest Catholic politician to come out as a duplicitous “Catholic.” Deacon Kandra posts an excerpt here from an interview in which O’Malley displays some amazingly twisted thinking to support homosexual marriage–even though he’s a Catholic. As far…Continue Reading

Polish Bishops’ Conference rejects Holy Communion for divorced and “remarried”

The Polish Bishops’ Conference has issued a communiqué firmly rejecting the proposals that divorced and “remarried” Catholics should be admitted to Holy Communion without amendment of life. The communiqué, published on 12th March, includes the following statement: “In view of the…Continue Reading

Celtic Catholic priest and friends pile on archbishop

On Monday March 16, KALW radio’s City Visions will host a program “Can Bay Area Catholics and Archbishop Cordileone find Common Ground?” Scheduled guests are the Reverend Vincent Pizzuto; Most Holy Redeemer parishioner and teachers’ union representative Ted DeSaulnier; and…Continue Reading

The Traditional Case for Capital Punishment

A group of Catholic publishers recently issued a joint statement urging an end to capital punishment. I have great respect for all of them – I have written for all of them at one point or another. I disagree with…Continue Reading

Cardinal Müller: Pope Is Not Above the Word of God and the Catholic Faith

Edit: Rorate tends to understate things.  They want a sober response.  We’d like to offer this translation of Giuseppe Nardi’s appreciation of their take on Cardinal Müller’s recent letter appearing in the Osservatore Romano and additional commentary from other important Italian…Continue Reading

Is the Synod Secretariat Stacking the Deck Again?

The Vatican today announced that the vice president of the John Paul II Pontifical Institute for the Study of Marriage and the Family will be a consulter to the Secretary General of the Synod of Bishops. Professor José Granados‘ appointment,…Continue Reading

Gay activist: Of course our goal is to ‘indoctrinate children into LGBTQ agenda’

TORONTO, March 13, 2015 (LifeSiteNews.com) — A homosexual activist has candidly admitted that gay-themed materials and policies pushed in grade schools across North America are for the sake of “indoctrinating” children into an unquestioning acceptance of homosexuality. “I am here…Continue Reading

Pope . . . giving holy Communion to remarried divorcees “won’t solve anything”

On the second anniversary of his pontificate, the Holy Father gave a lengthy interview to a Mexican television journalist. – CNA/Bohumil Petrik VATICAN CITY — In a new, wide-ranging interview published Friday on the second anniversary of his election, Pope…Continue Reading

Untitled 5 Untitled 2

Attention Readers:

  Welcome to our new website. Readers who are familiar with The Wanderer know we have been providing Catholic news and orthodox commentary for over 145 years in our weekly print edition. Now we are introducing the online daily version of our print journal.


  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 subscribe 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 145 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

A Powerful Weapon: 15 Quotes on the Holy Rosary

We live in evil times. I hardly need elaborate the multitude of crises that fill the globe. Sadly, many are being swept away by this flood of evil and are succumbing to an overwhelming anxiety and discouragement. But no matter how tempting it is, we must not shrink back. We must pray and fast with a living faith and a firm confidence—and there is no better way to…Continue Reading

12 Ways to Become a Committed Catholic Man

There is a Catholic “man-crisis.” Large numbers of men who were baptized Catholic have left the Church and the majority of those who remain are “Casual Catholic Men”, men who do not know the Catholic faith and don’t practice it. This large-scale failure of Catholic men to commit themselves to Jesus Christ and His Church has contributed to the accelerating…Continue Reading

Today . . .

Pope Francis on Palm Sunday: remember persecuted Christians

(Vatican Radio) Pope Francis remembered the persecuted Christians in the world on Sunday – Palm Sunday – during Mass in St. Peter’s Square. Following the proclamation of the Passion according to St. Mark, Pope Francis delivered a homily, in which he reflected on the plight of all those who endure humiliation because of their faithfulness to the Gospel, all those who face discrimination and pay a personal price for their fidelity to Christ. “We think…Continue Reading

Pope Francis: Palm Sunday Homily

pope742

(Vatican Radio) Pope Francis delivered the homily at Mass in St. Peter’s Square on Sunday – Palm Sunday – the beginning of Holy Week, 2015. Please find, below, the official English translation of the Holy Father’s prepared remarks. ***************************** At the heart of this celebration, which seems so festive, are the words we heard in the hymn of the Letter to the Philippians: “He humbled himself” (2:8).  Jesus’ humiliation. These words show us God’s way…Continue Reading

Pope: Life Of St Teresa Of Avila Can Help Renew Consecrated Life

st thera avila

(Vatican Radio) Pope Francis said the life of St Teresa of Avila, characterized by “total self-giving to God,” is a “great treasure” that can help to renew consecrated life today. The pope spoke of the witness of St Teresa in a letter, issued Saturday, to the Superior General of the Order of Discalced Carmelites, Fr Xavier Cannistrà, to mark the occasion of the 500th anniversary of the saint’s birth. Listen to the report by Laura…Continue Reading

Mass at Santa Marta- Ode to joy

2015-03-26 L’Osservatore Romano Joy and hope are Christian traits. It is sad to find a believer who knows no joy, fearful in his attachment to cold doctrine. This was the very reason for Francis’ ode to joy during Mass at Santa Marta on Thursday, 26 March. At the beginning of Mass, the Pope acknowledged the Carmelite “Hour of Prayer for Peace”. “Dear brothers and sisters”, he said, “the day after tomorrow, 28 March, will be…Continue Reading

“What Is Historical Church Teaching On Contraception?”

By BRIAN CLOWES (Editor’s Note: Brian Clowes has been director of research and training at Human Life International since 1995. For an electronic copy of chapter 21 of The Facts of Life, “Contraception,” e-mail him at bclowes@hli.org.) + + + Part 1 “Contraception cannot be an expression of total self-giving, because in contraception, something is…Continue Reading

Transforming The St. Patrick’s Day Parades

By LAWRENCE P. GRAYSON St. Patrick’s Day, which is a holy day of obligation for Catholics in Ireland, has been corrupted in America by homosexual activists who flaunt their opposition to Catholic doctrine. Celebratory parades have been co-opted for dissident political purposes. Since the seventh century, St. Patrick has been revered as the patron saint…Continue Reading

How Far Can One Sink?

By DONALD DeMARCO “With [Premier] Wynne’s sex education curriculum, we have at last splashed down in a miasmal sewer in which it’s hard to sink any further.” So writes Harley Price, who has taught philosophy at a number of prestigious universities. Many, including outraged parents and indignant members of the medical establishment, agree with him.…Continue Reading

A Book Review . . . A Spiritually Sound Approach To Depression

By DONAL ANTHONY FOLEY The Catholic Guide to Depression, by Aaron Kheriaty, MD, with Fr. John Cihak (Sophia Institute Press, 228 pages). Visit www.sophiainstitute.com or call 1-800-888-9344 for more information or for ordering. + + + This book has a lengthy introduction, and is then divided into two parts. The first is entitled “Understanding Depression,”…Continue Reading

What If Hillary Doesn’t Care?

By ANDREW P. NAPOLITANO What if Hillary Clinton’s emails were hacked by foreign agents when she was the secretary of state? What if persons claiming to have done so are boasting about their alleged feats on Internet websites and in chat rooms traditionally associated with illegal or undercover activities? What if this is the sore…Continue Reading

The Wanderer Interviews His Eminence Raymond Cardinal Burke . . .

burk10

By DON FIER Part 1 (Editor’s Note: Raymond Leo Cardinal Burke, Patron of the Sovereign Military Order of Malta, who previously served as Prefect of the Supreme Tribunal of the Apostolic Signatura in Rome from June 2008 until November 2014, recently visited the Shrine of Our Lady of Guadalupe in La Crosse, Wis. Prior to that he served as Archbishop…Continue Reading

Advertisement

Message From Cardinal Burke

Our Catholic Faith (Section B of print edition)

A Leaven In The World . . . The Lessons Of Holy Week On Faithful Love

By FR. KEVIN M. CUSICK As Holy Week is upon us once again, and we join in with the condemnation of the crowd, crying “Crucify Him, Crucify Him,” we relive the betrayal of sin which marks every human life. We accompany the Lord Jesus Christ on His way of the cross and journey with Him all the way to Calvary.…Continue Reading

Is Mary The Mother Of God… Or Only The Mother Of Jesus?

By RAYMOND DE SOUZA, KM Part 3 Responding to a common misconception among separated brethren and ill-informed Catholics: What did the Early Christians believe about the Catholic doctrine on the divine Motherhood? Those men, women, and children who sacrificed everything for the true faith in Jesus — even their very own lives? They were imprisoned, tortured, murdered. Some were burned…Continue Reading

Divine Revelation: Gradual And Progressive

By DON FIER We left off last week reflecting on God’s motive for revealing Himself to us in a supernatural manner. In a word, His sole motive was that of boundless love for mankind. God gratuitously and unconditionally chose to “communicate His own divine life to the men He freely created, in order to adopt them as His sons in…Continue Reading

Catholic Replies

Editor’s Note: As readers of this column know, we like to quote Fr. George Rutler from time to time because his weekly bulletin columns at the Church of St. Michael in New York City are sources of both information and inspiration. After starting his March 22 column by noting that history is “replete with the failures of famous figures,” such…Continue Reading

We Have Been Raised With Christ

By FR. ROBERT ALTIER Easter Sunday (YR B) Readings: Acts 10:34a, 37-43 Col. 3:1-4 John 20:1-9 In the Gospel reading today, we hear about Peter and John entering the Lord’s grave after they had been informed by St. Mary Magdalen that Jesus had been taken away. We are told that when the Beloved Disciple saw the burial cloths there and…Continue Reading

Catholic Heroes . . . St. Faustina And Divine Mercy

By CAROLE BRESLIN The Divine Mercy Chaplet had never been one of my favorite devotions until my aunt died. As she lay in the hospital during her final hours, I sat in the room, visiting with the endless stream of visitors who stopped in to see their fellow volunteer. By six o’clock, the room was quiet. I decided to read…Continue Reading

Catholic Heroes . . . St. John Of God

By CAROLE BRESLIN In our time, it is common to hear parents bemoan the fact that their child is impulsive, or strong-willed, or irresponsible. Even the Holy Family suffered when our Lord, at the age of twelve, stayed behind in the Temple. How Mary and Joseph must have agonized over the missing Child Jesus. How do you tell God you…Continue Reading