Sunday 21st December 2014

Home » Featured Today » Currently Reading:

Is The President Incompetent Or Lawless?

August 4, 2014 Featured Today No Comments

By ANDREW P. NAPOLITANO

It has been well established under the Constitution and throughout our history that the president’s job as the chief federal law enforcement officer permits him to put his ideological stamp on the nature of the work done by the executive branch. The courts have characterized this stamp as “discretion.”
Thus when exercising their discretion, some presidents veer toward authority, others toward freedom.
John Adams prosecuted a congressman whose criticism brought him into disrepute, an act protected by the First Amendment yet punishable under the Alien and Sedition Acts, and Thomas Jefferson declined to enforce the Acts because they punished speech, and pardoned all those convicted. Jimmy Carter asserted vast federal regulatory authority over the trucking and airline industries, and Ronald Reagan undid nearly all of it.
The president has discretion to adapt law enforcement to the needs of the times and to his reading of the wishes of the American people. Yet that discretion has a serious and mandatory guiding light — namely, that the president will do so faithfully.
The word “faithfully” appears in the oath of office that is administered to every president. The reason for its use is to assure Americans that their wishes for government behavior, as manifested in written law, would be carried out even if the president personally disagrees with the laws he swore to enforce.
This has not always worked as planned. President George W. Bush once famously signed into law a statute prohibiting federal agents without a search warrant from reading mail sent to persons other than themselves — and as he was literally holding his pen, he stated he had no intention of enforcing it. That was a rejection of his presidential duties and a violation of his oath.
But today, President Obama has taken the concept of discretion and so distorted it, and has taken the obligation of faithful enforcement and so rejected it, that his job as chief law enforcer has become one of incompetent madness or chief lawbreaker. Time after time, in areas as disparate as civil liberties, immigration, foreign affairs, and health care, the president has demonstrated a propensity for rejecting his oath and doing damage to our fabric of liberty that cannot easily be undone by a successor.
Item: He has permitted unconstitutional and unbridled spying on all Americans all the time, and he has dispatched his agents to lie and mislead the American people and their elected representatives in Congress about it. This has resulted in a federal culture in which the supposed servants of the people have become our permanent and intimate monitors and squealers on what they observe.
Item: He has permitted illegal immigrants to remain here and continue to break the law, and he has instructed them on how to get away with it. His encouragement has resulted in the flood of tens of thousands of foreign unaccompanied children being pushed across our borders. This has resulted in culture shock to children now used as political pawns, the impairment of their lives, and the imposition of grievous financial burdens upon local and state governments.
Item: His agents fomented a revolution in Libya that resulted in the murder of that country’s leader, the killing of the U.S. ambassador and the evacuation of the U.S. embassy. His agents fomented a revolution in Ukraine that resulted in a Russian invasion, an active insurgency, sham elections, and the killing of hundreds of innocent passengers flying on a commercial airliner.
Item: He has dispatched CIA agents to fight undeclared and secret wars in Yemen and in Pakistan, and he has dispatched unmanned drones to kill innocents there. He has boasted that some secret reading of public positive law permits him to kill whomever he wishes, even Americans and their children.
Item: His State Department has treated Hamas — a gang of ruthless murderers whose stated purpose is the destruction of Israel — as if it were a legitimate state deserving of diplomatic niceties, and this has encouraged Hamas to persist in attacking our only serious ally in the Middle East.
Item: His Department of Veterans Affairs has so neglected patients in government hospitals that many of them died, and it even destroyed records to hide its misdeeds. His Internal Revenue Service has enforced the law more heavily against his political opponents than against his friends, and it has destroyed government computer records in order to hide its misdeeds.
Item: He has relieved his friends of the burdens of timely compliance with Obamacare, and he has burdened his enemies with tortured interpretations of that law — even interpretations that were rejected by the very Congress that enacted the law and interpretations that were invalidated by the Supreme Court.
He has done all these things with a cool indifference, and he has threatened to continue to do so until the pressure builds on his political opponents to see things his way.
The Framers could not have intended a president so devoid of fidelity to the rule of law that it is nearly impossible to distinguish between incompetence and lawlessness — and I am not sure which is worse. Archbishop Fulton Sheen often said he’d prefer to deal with a smart devil than a stupid one.
But the Framers did give us a remedy, and the remedy is not a frivolous lawsuit that the federal courts will no doubt reject as a political stunt. The remedy is removal from office. This is not to be undertaken lightly, as was the case when this remedy was last used. But it is the remaining constitutional means to save the freedoms the Constitution was intended to guarantee.
The choice is between two more years of government by decree or two years of prosecution. It is a choice the president has imposed upon us all.

+    +    +

(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. Creators Syndicate provides his column.)

Share Button

Comment on this Article:

CACG: Faux Catholic Front Group Still An Outsider?

At Catholic World Report Anne Hendershott revisits the notorious democrat front group, Catholics in Alliance for the Common Good, and gives us an idea of their set of 2016 tricks. Promising yet again to “move beyond partisan and ideological divisions,”…Continue Reading

The Catholic Weakness

A large proportion of traditional, Mass-going Catholics don’t believe basic Church doctrine. Why not? By Maggie Gallagher   Last week I wrote about one piece of data that jumped out from the Austin Institute’s fascinating new study, Relationships in America:…Continue Reading

Cardinal Burke . . . “The Church depends on sound Catholic family life, and it depends on sound Catholic families.”

An Interview with Cardinal Burke  On Vatican II Q. Your Eminence, you grew up before the Second Vatican Council. How do you remember those times? A. I grew up in a very beautiful time in the Church, in which we…Continue Reading

Did Pope Francis really say all dogs go to heaven? UPDATED

That nice man, Pope Francis, says you get to see your pets again in Heaven. But Pope Benedict is a mean old Grinch who wants to remove the animals from your Nativity scene Christmas decorations. Oh, really? Please don’t believe…Continue Reading

Catholic Church in Australia links celibacy to child abuse

By Jonathan Pearlman, Sydney, and Nick Squires in Rome 8:04PM GMT 12 Dec 2014 Priests’ vows of celibacy may have led to paedophilia, the Roman Catholic Church in Australia has said, in what is believed to be the first such…Continue Reading

Pope Calls For More ‘Integration’ Of Divorced Catholics, Gays

By Francis X. Rocca Catholic News Service VATICAN CITY (CNS) — Pope Francis said that the Catholic Church must consider various ways to integrate the divorced and civilly remarried in the life of the church — not merely allowing them…Continue Reading

‘I’m not worried’ about resistance, Pope Francis says in new interview

Vatican City, Dec 7, 2014 / 11:04 am (CNA/EWTN News).- In an interview with the Argentine daily “La Nacion” published Sunday, Pope Francis spoke on a variety of topics, giving specific attention to the ongoing reform of the Roman Curia,…Continue Reading

Catholic Church Severs Ties with Agency over Gay Adoption Ruling

The Catholic Church in Northern Ireland is pulling the plug on a long-standing relationship with the Family Care Society, a Catholic adoption agency, after a judge ruled that all adoption services must be willing to place children with same-sex couples…Continue Reading

Reaction to Chicago archbishop’s remarks on pro-abort pols receiving Communion

n a radical departure from the position of Pope Benedict XVI, Archbishop Blase Cupich – said to have been handpicked by Pope Francis for Chicago – has presented giving Holy Communion to pro-abortion politicians as a positive move. Asked Sunday…Continue Reading

Pope Francis dodges reporter’s question on treatment of homosexuality in Synod’s controversial mid-term report

Since the conclusion of the Extraordinary Synod of Bishops on the Family, reporters around the world have been wondering where Pope Francis stands on the controversial language about homosexuality in the mid-term Synod report.  The opportunity to ask the pope…Continue Reading

Archbishop Cupich Says Yes to Communion for Pro-Abortion Politicians

In October of last year veteran Italian journalist Sandro Magister wrote of the new path that many believed the Church was embarking upon. Magister observed: “In Italy, but not only there, it was the cardinal and Jesuit Carlo Maria Martini…Continue Reading

Francis calls for a change mentality in the Church, easier homilies and flexible times

Francis addresses participants of the International Pastoral Congress on the World’s Big Cities: “Go out and facilitate”, don’t be afraid of multicultural contexts or of proclaiming Jesus DOMENICO AGASSO JR ROME Francis was honest from the start: “I don’t want…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

'From our friends at The Foundry'


Today . . .

Pope: At Christmas Jesus Knocks At The Doors Of Your Heart

POPE701

(Vatican Radio) Pope Francis on Sunday invited the faithful to listen carefully when God knocks at their door. “Too often – he said – Jesus passes by in our lives, he sends an angel and we are so caught up in our thoughts and concerns we do not even notice”. Speaking to the pilgrims gathered in St. Peter’s Square for…Continue Reading

Pope Francis receives John XXIII Community

(Vatican Radio) Pope Francis received nearly 8 thousand members and associates of the Pope St. John XXIII Community on Saturday. Now recognized as an Association of Lay Faithful, the  Pope John XXIII Community was founded by Fr. Oreste Benzi of the clergy of the Diocese of Rimini in 1968, on the basis of his decade of experience with young people…Continue Reading

Pope Francis: The Church Is Not An Entrepreneur But A Mother

(Vatican Radio)  Pope Francis said on Friday that there is much sterility within the Church and the people of God, a sterility that comes from power and egoism.  The Church, he stressed, is a mother and not an entrepreneur. His remarks came during his homily at morning Mass celebrated at the Santa Marta residence. The Pope’s reflections on the themes…Continue Reading

General Audience: Jesus Chose To Come To The World As Part Of A family

POPE700

Vatican City, 17 December 2014 (VIS) – The family is the “great gift that the Lord has given to the world ever since the beginning, when he entrusted to Adam and Eve the mission of multiplying and filling the earth; the gift that Jesus confirmed and sealed in His Gospel”, said the Holy Father during this Wednesday’s general audience, in…Continue Reading

Anna’s Wish

By DEREK BECHER Anna lay still on her hospital bed, which was tilted slightly upward, while she slept. Her parents sat beside her, with their hands clenched together, sharing a prayer as they watched their only child laboring with each breath. She had only just turned nine, but the brave little girl had fought the…Continue Reading

Cardinal Piacenza To Confessors.. Remember The Priceless Ministry Of Confession At Christmas

VATICAN CITY (ZENIT) — Here is a letter to confessors from Mauro Cardinal Piacenza, major penitentiary, released Gaudete Sunday, December 14. In the letter, the cardinal emphasized that “the time of Advent, and especially the days of the beautiful novena of Christmas, are characterized by a particularly attentive waiting, not only by men for God…but…Continue Reading

Archbishop Of Karachi . . . Says “The Taliban Will Stop At Nothing Now”

By JOHN PONTIFEX LONDON (ACN News) — Innocent people in Pakistan — young and old alike — are now at increased risk of terrorist attack, according to the leader of the country’s Catholics, who has called on the government to step up security in the wake of the Peshawar school massacre. Archbishop Joseph Coutts of…Continue Reading

Ten Complacent Maxims

By DONALD DeMARCO Mark Strand, Pulitzer Prize winner and former U.S. poet laureate, passed away recently (November 29, 2014). He was a staunch atheist, declaring that he had never met God and had never been to Heaven. He said: “Although there are a lot of people claiming that God is telling them what to do,…Continue Reading

Culture Of Life 101 . . . “Abortifacient Brief: Depo-Provera”

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 2 of The Facts of Life, “Abortifacients,” e-mail him at bclowes@hli.org.) + + + Depo-Provera is an injectable contraceptive drug that sometimes has an abortifacient effect. It also possesses…Continue Reading

Advertisement

Our Catholic Faith (Section B of print edition)

Mary’s Perpetual Virginity… Didn’t Jesus Have Brothers And Sisters?

By RAYMOND DE SOUZA, KM Part 1 “Where did this man get this wisdom and these deeds of power? Is not this the carpenter’s son? Is not His Mother called Mary? And are not His brothers James and Joseph and Simon and Judas? And are not all His sisters with us?” (Matt. 13:54-57; also Mark 6:2-3). “And His Mother and…Continue Reading

The Canon Of Scripture

By DON FIER Part 2 We ended last week’s installment by showing that the apostles and early Christians accepted the 46-book Septuagint as the authentic Old Testament right from the Church’s beginning. As the Catechism of the Catholic Church (CCC) teaches, these 46 divinely inspired books constitute “an indispensable part of Sacred Scripture” (CCC, n. 121) and “bear witness to…Continue Reading

Catholic Replies

Questions And Answers About Christmas Q. Do we know the exact year in which Jesus was born? A. No, we do not. In the sixth century, a monk named Dionysius Exiguus drew up a calendar that fixed the birth of Christ in the Roman year 753, but scholars today agree that Dionysius miscalculated by a few years. So it is…Continue Reading

The Law Of The Lord

By FR. ROBERT ALTIER Feast Of The Holy Family (YR B) Readings: Sirach 3:2-6, 12-14 Col. 3:12-21 Luke 2: 22-40 Today we celebrate the Feast of the Holy Family. In a particular way this refers to Jesus, Mary, and Joseph. However, it also refers to all families that are striving to live according to the ways of holiness and truth.…Continue Reading

Pope’s Message For World Day of Peace . . . “No Longer Slaves, But Brothers”

VATICAN CITY (ZENIT) — Here is the text of Pope Francis’ message for the 48th World Day of Peace, which is celebrated on January 1, 2015. For a text with footnotes, go to www.zenit.org. + + + At the beginning of this New Year, which we welcome as God’s gracious gift to all humanity, I offer heartfelt wishes of peace…Continue Reading

Cast A Gauntlet – Sola Scriptura: Part 1

Catholic Heroes . . . Blessed Urban V

By CAROLE BRESLIN The year 1309 marked the beginning of the Avignon papacy, under Pope Clement V, who was French. The Popes of Avignon built a papal palace, increasing it in size over the next 70 years. The first crack in the control of the papacy by the French began when Pope Urban V left Avignon to reside in Rome…Continue Reading

Catholic Heroes . . . St. Sabbas

By CAROLE BRESLIN Silence. Quiet. The search for peace, serenity, and calm has led many in today’s world to take up Yoga, Eastern mysticism, or life in remote areas to escape the noise of our modern world. This is not a modern quest. The quest for quiet has been with man for millennia. Although St. Anthony the Great (died 356)…Continue Reading

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