Can the President Do That?
The other day, I was up at the Sunnyview Cafe, in the Kalispell Regional Medical Center, totally with a great view, great food, and fun staff, who at times read my blog, and ask me questions, being confused that someone in northwest Montana actually like the President, and will defend him, and not really wanting to do to much to get me pissed off, but giving me good information, questions, and thoughts to try to clarity, not only their own questions, but mine as well, with all the tools, to understand the constitutionality, but lacking the drive, until someone actually gives me a specific question, that I can then focus on and try to give them at least a plausibly good answer, response, and something that might distinguish me from the average citizen, or attorney for that matter, in respect to claiming to be a constitutional law attorney, which, in both my and the President's defense is probably, the number one most complicated area of law to practice in, with one branch of the government, given the specific responsibility to interpret the constitutionality of laws, of actions, and, yes, executive actions. While I do not claim to know all the answers, there are several things that might set my opinion, aside, from that of you neighbors.
I was number one in my constitutional law class, and my professor approached me, about being his research assistant, along with a family law professor, who also was constantly dealing with constitutional law issues, from abortion to same sex marriages, being one of the main attorneys, who was involved in promoting California's Prop 8, banning same sex marriage or the opposite, can't remember 6 years later, but that case laid the foundation for all the cases, Montana, joining the rest of the jurisdictions, banning such prohibitions against same sex marriage, as a violation of the 14th amendment, due process and equal protection clauses, with the United States Supreme Court, of which I am a member of the bar, holding exactly that, and upholding a U.S. Federal District Judge's ruling in the California district, who found the ban unconstitutional.
Constitutional Law Issues Relating to Life & Death
I worked in Chicago, for American United for Life, when the landmark case, Roe v. Wade, at the 20th anniversary of that decision, entertained cert, on Casey v. Planned Parenthood, re-enforcing the previous rights for women, to have control over their reproductive abilities, in the first trimester of their three trimester, or 9 month pregnancy. Some of the constitutional issues, that were at stake, were due process . . . what is the process a state can force a woman, to go through, in order to get an abortion; right to privacy, or a 9th amendment issues, making abortion a decision between a woman and her doctor; and a liberty interest, coming under the 14th amendment.
I also, dealt with physician assisted suicide, Dr. Jack Kavorkian, or better known as Dr. Death . . . actually going to a meeting at 6:30 p.m., tonight at Sykes Diner, here in Kalispell, dealing with that HOT TOPIC issue, public is invited, with the most time and resources at the 2013 Montana Legislative session, going to that fight, on one side or another, with constitutional issues, all over on that one, as well, with many of the same issues, and more, as I see it. I was contacted by a group out of Oregon, to work on that issue, but, could never stay around long enough, by design of my enemies, who fear my good name in constitutional law issues, reputation, and wanting to steal, my name and easy virtue, then using it for their own designs, power, acclaim, and profit . . . using local, state, and national battering systems, to keep the heat on me, so their doubles, could take the credit, steal the contacts, and get their way . . . which is anything but constitutional! CRIMINAL!
A Career Preserving, Protecting & Defending the Constitution
From law school, on, my whole career, has been focused, either on the government's side, or against them, when unconstitutional issues were making it through the legislative process, going unchecked, and unmanned, bringing, shockingly unconstitutional legislation into law . . . dealing with doctors, rights, onto doing both criminal defense work, and being named as number two in the nation for civil rights defense, which I am sure is one of the reasons, my name, identity, cases, blogs, legislative prowess, and other things that come connected with the high rate of demand for constitutional law attorneys, with, me, one of the ranks a file, caring a ton, being blocked in anyway possible from getting in the fray, debating, fighting, and challenging, or helping in this case, if the law, and constitutional provisions, education, and training, fall the President's way, which I think, given the fact, that needs, and the critical mass of the issue, and size of the problems, something has to be done . . . and the President, is doing exactly what I would do as President, giving the people, elected members of Congress, time to come up with a plan on naturalization and immigration, and when they refuse to act or do something, tell them to get the fuck out of the way, and do it myself!
The U.S. Constitution is there to guide and direct the actions in this country, but it never, nor did the founding fathers, ever, intend or anticipate that Congress would fail to take care of their powers and duties, leaving it clear in the Declaration of Independence, that if this form of government doesn't meet the needs of the people, and people are suffering, then it would behoove the people to change the form of government! The President has not other option, than to act, while he can, for fear, that in January, when the do nothing Republicans, take control of the House and the Senate, that, nothing will be done, and 5 million people are left hanging, waiting for some type of action from the government, as to what they can and can't do. No, the founding fathers, never, ever, thought, that people should suffer from inaction, and ineffective government, leaving wiggle room, to end the suffering of the people, regardless of politics, pressure, and persuasion, end the misery, one way or another!
The Three Branches of Government Overlap a Bit
The three branches of government and their primary duties are: (1) United States Constitution, Article I, the legislative branch, with the powers and duties to create all laws, necessary to run the government of the United States, including, Article I, Section 8, Subsection 4, the Congress has the power to establish a uniform rule of naturalization, that is the process of being allowed in this country, being able to stay, and becoming a citizen; (2) Article II, or the executive branch, with the powers and duties to care that the laws be faithfully executed, including naturalization laws, that have become outdated, and need reform, and changes to handle the current swell of emigrants, that have come from our neighbors to the south, Mexico, not, as it used to be, where families would migrate, one family by one family, but with a mass evacuation from Mexico, due to their own country being corrupt, run by the drug cartels, and with violence towards, many, who risk, coming to America, with a shot at the American dream, much as our own ancestors did, centuries ago, tens of years ago, and years ago--we need laws, that meet the needs of suffering people NOW! (3) Article III, deals with the judicial branch, with the powers to interpret to law, Article I, Section 2, the supreme court shall have appellate jurisdiction, both as to law and to facts, with such exceptions, and under such regulation as Congress shall see fit. There are three levels of courts, in the federal system, (a) the federal district court; (2) the circuit courts of appeals; and (3) the United States Supreme Court, with appellate jurisdiction, or power to review the rulings and findings of the lower court, on the granting of certiorari, granting the hearing on a case, usually allowing cases, that have federal questions, constitutional challenges, and when the circuit courts are split on issues, with the supreme court, coming in and settling the controversies, and making a final ruling, trumping all the other courts, as a court with not only original jurisdiction, and all over courts being of inferior jurisdiction, or power.
Note: NSA just stopped my cursor, like they normally do when they don't like my free speech, especially, on constitutional, hot topic issues, with a huge readership, either through my own blog, or my own blog, on their sites, but shutting me down, for three days this week, once after writing about Internet Neutrality, and the three days, after writing about the Keystone Pipeline, at least on my own computer, blocking me at all cites, until they knew, I would just travel to other sites, until I could write! AND CONGRESS, JUST FAILED TO CUT THEIR BUDGETS!
Note: NSA just stopped my cursor, like they normally do when they don't like my free speech, especially, on constitutional, hot topic issues, with a huge readership, either through my own blog, or my own blog, on their sites, but shutting me down, for three days this week, once after writing about Internet Neutrality, and the three days, after writing about the Keystone Pipeline, at least on my own computer, blocking me at all cites, until they knew, I would just travel to other sites, until I could write! AND CONGRESS, JUST FAILED TO CUT THEIR BUDGETS!
My Tea Cup Saucer Award Winning Constitutional Law Outline
While I was in law school, taking the whole thing rather laid back, my constitutional law professor, Wilkins, now dismissed from BYU, due to some of his activities, and opinions, that crossed the Mormon Church, told us, that we were having an open book test, and we were allowed to create our own outlines, and bring them into the test with us. Now the book, was at least three inches or more thick, and quite intimidating and imposing, but undaunted by the challenge, and lazy, I decided, that I would rely simply on my notes, and take my chances, by not writing an outline, deeming it just too much work! I had ditched daily case briefings, after the first week, realizing, that no matter how well prepared you are, kind of like court, the prof is going to trip you up, and make you look like a fool, which all law students, do! I planned on just making a fool of myself, 5 times in any given semester, rather than stressing out for the whole semester, and getting called to defend the ruling, after giving a brief of the facts, and getting called to defend the one case you didn't read, all semester in that class! The law school, mystique was gone, after the first week, we were all complete idiots, and our professors, lived to remind us of that daily! The cost benefit to me, just didn't add up.
The night before my final in constitutional law, I got this great idea, as I was reviewing notes, and cases, black letters of the law, in professionally prepared outlines, which we could not take in class, it dawned on my, that I could make this whole complicated area of law, easier, brilliant, but lazy, if I just took a blank piece of white paper, took small tea cup saucers, and after studying, and realizing that there were some powers that didn't clearly fall into just one branch of government, due to case law examples, where powers, branches and duties, at times, overlapped, were not clear, and the court had to interpret who's responsibility it was to either do that act, or to stop doing the act, that branch was currently involved with, and there were areas, that at times, were just fuzzy, and resided in the no clear branch zone, or multi-branch zone; therefore, it was necessary in this pictorial portrayal of the big picture or the overview of our entire government system at the federal level, to make the circles, with a bit of overlap, showing the gray areas, that are the areas that cause the most problems, and become the fodder of court actions. That is kind of were executive orders fall, in that gray area, between making the laws, and faithfully executing the laws!
IF MEMORY SERVES, I THINK I GOT AN 83 SCORE OUT OF AN 85 POSSIBLE!
While the other 179 law students, were struggling with their, up to 600 page outlines, I didn't have to turn a page, and having written very small, almost microscopic, rocked my con law grade and professor, who was in deed, impressed! Somehow, the year after, when I was a second year law student, and the small sections, tort, legal writing assistant, also a legal assistant for three law professors, two of whom acted me to be their assistant, the news of my score, made it through the grapevine, and somehow, got to the ears of several of my small sections torts students, who approached me in a group of four, and asked me if I still had my one page outline . . . sure, can we use it? Sure. All four of these students, got the top scores in their constitutional law class, and three of the four, went on to either be top 10 or law review students, the smart of the smarts, like President Obama, who was law review at Harvard Law School!
I like to ride the bus a full circle around the city, to watch the city wake up, to listen to the morning news and music, with several funny locals, who are up to speed on current news topics, and are funny as hell, with the whole bus laughing at stuff they do and say, but bright and political, as is a great majority of the state of Montana, and for one undisclosed reason, that gives me a buzz each day, not to mention seeing and hearing fuel for the fun, giving me ideas, and thoughts for my blog each day, and then picking a location of my choice to park my ass, and start writing, generally off the top of my head, with little more than a pocket size copy of the U.S. Constitution and Fascinating Facts About it . . . you can get a free copy, at ConstitutionalFacts. com or calling 1-800-887-6661, ignore the fact that the phone under has the number of the Devil or Satan, and secret combinations, 666! I am not sure how that happened, but I am, hopefully, sure, that it was not on purpose!
HOW CAN THE PRESIDENT, EARLY ON, SAY HE DIDN'T HAVE POWER TO CIRCUMVENT CONGRESS THROUGH EXECUTIVE ORDER, THEN TURN AROUND A TAKE AN EXECUTIVE ORDER OVER SOMETHING SO BIG, LIKE IMMIGRATION REFORM?
That was not only the question my buddy up at the Sunnyview Cafe asked, but it was reiterated on the radio, by the three commentators, and announcers, as they disgusted the issues of the day, with a huge on being, the President's announcement of his immigration policy and his visit to Las Vegas, the place of the largest population of alleged, illegal aliens, or migrant workers, being hotel housekeepers, waitresses and waiters, bell boys, landscape crews, and golf course workers, and often, withstanding the heat and temperatures, of well over 100 degrees for a great part of the year! My mother was a health teacher, and she taught us, her children, as we all got fried, with our lily white skin, that people south of the equator, had more melanin in their skin, and they could withstand more heat, due to that content, that we didn't have, as we came back from skiing, so burnt that we couldn't open our eyes, and had to crawl around on all fours, finding our was from our beds, to the kitchen to eat! I don't know, or care if that is true, but these illegal aliens, while awaiting attorneys, the INS, and trying to get work permits, take many jobs that whites refuse to take, think they are too good for, and do work, that whitey, can't stand out in the heat. To not do something with immigration, would cripple the resort and tourist industries, in many communities, towns and states, if not the nation, they work hard, and dig having a chance to be part of it all in America!
And as the President has said, on many occasions, threatening Congress, especially on this issue, stating that he is not afraid, to take up pen in hand, and do what it takes to get it done! RIGHT ON PREZ.! Like any good leader, he stirs, with what he has, what Congress he is dealing with, what the trends of the people he is dealing with, the critical issues, the urgency, the timing, and the fucking time has come! I don't know, but, President Obama, gets about 64,000 letters, or something like that a day, not to mention emails, to the White House, he has a staff, that simply reads the mail, and they pick out 10 letters or emails a day, for the President, to address each day . . . at least he did the first term, and answer, a handwritten note to the people! He is well aware of what deportation does to families, he is listening to border control issues, and he is also dealing with an economy, that could be broken, or large parts of the economy, that would be crippled with poor immigration laws, and he has to act. I would not trust Congress either, and the new one is even worse! When the people elect unrighteous leaders, focused on the 1% who make campaign contributions, they will suffere . . . THANK GOD, SOMEONE IS SERVING THE PEOPLE! You ungrateful lot!
Speaker of the House, Boehner, I think, or Mitch McConnell, one of them said, or referred to the President as Imperial Obama! The Congress, is forcing the President, who is a born leader, to ACT! He is not taking action, for lack of giving Congress time to act, like they are suppose to do, but due to Congress abdicating their powers and duties, to nobody, leaving the President little option, but to act! He sees, hears, and has to deal with the suffering of the people under his care and watch . . . I think, when all is said and done, he will go down as one of the greatest presidents we have had in modern history! THANKS FOR ACTING, THAT IS A TRUE LEADER! I was disgusted to hear one of the radio announcers, say that they were sick of Russia and China pushing us around . . . do ya think? REALLY? In what way, President Obama is not a dumb leader, with the mantra, don't do stupid stuff, that is brilliant in its simplicity! He is a thinker, he waits, he learns, he listens, he is patient, he is cautious, and after taking in all the facts, the Intelligence reports, military recommendations, he thinks it over again, and sometimes, waiting will take care of the problems overseas, or maybe Americans just don't need to be there, and local nationalists, need to step up and protect their own fucking countries, with our training, like Secretary of Defense Hagel is doing, stepping up the training of Iraqi troops, so they can fight their own battles!
Stupid is, as stupid does . . . getting us involved in Syria or Iraq, is a huge commitment! Being cautious, is smart, not timid, not to be looked at as weak . . . Christ said, be wise as a serpent, gentle as a dove! For all you warmongers and hawks! We don't want to create wars, like Bush and Cheney, we don't need a president who takes of his shirt and rides a horse, to prove he is a man, with one of his citizens, I met on campus, at UNLV in Las Vegas, who when I asked her about Putin, she said, we can't get rid of him, he is an embarrassment to Russia . . . that is their take on the shirtless horseman! President Obama, wisely doesn't want to get into a star wars, Reaganesque fraud, who by the way gave amnesty to 300,000 plus Hispanics--just a numbers game, but, it is okay, because he is a Republican and white, with Russia, he is a straight shooter, and tells in like it is! I met a woman in Spokane, a German, and she, in her broken English, showed me through her fear, of the respect that America has abroad . . . making it very clear, that Germans, didn't want to piss America off! The American spirit is undeniable, freedom is envied, liberty is coveted, and we are the leader of the free world, that brings with it huge responsibility to act true to our natures, our calling, our duty, and the principles that make this country GREAT!
Congress Has Long Abdicated Its Powers & Duties to the Other Two Branches of Government, with a 16% Approval Rating!
Fluster, bull shit, and filibusters, does not make good leadership, laws, or acts, with WE THE PEOPLE, wanting something good, not only for ourselves, but our children, and our fellow Americans, the question is, how long are we going to have to wait? When the President took office, he had a situation, similar to what is going on now, the people didn't necessarily want Republicans, but they do want something done. Many people, are so busy just putting food on their tables, they are not up on the issues, other than a cursory glance, being led astray by Fox Opinion, and other less than fair and balanced news agencies and newspapers, like the Rupert Murdoch owned, Wall Street Journal, who was so far off, during the 2012 elections, predicting outcomes of debates, margin spreads in key states, and whatever, that the people are getting misinformed, rather than informed! Shame on YOU! We need the truth!
Congress, you have nobody to blame but yourself, if the President runs over all your 504 or something sorry inactive asses . . . when the Dems controlled both the House and the Senate, things got done, and good acts, laws, and things that would help Main Street, not prop up Wall Street! I, am scared shit less, with what is coming in January, the make up of the Congress, the mentality, the lack of action, the money, the dark money, . . . thank God, Senator Tester of Montana, is proposing legislation, to make donors report their political contributions, just like candidates to . . . damn right you fucking Koch brother, funding 40 or more goof balls, without any means of control, or oversight, just funding any dumb ass with an R connected to it, or that label!
We are Better Than This America, And We DESERVE BETTER!
P.S., just a reminder, there are three stages to citizenship, (1) obtaining a work permit . . . the only thing, as I understand it, that the President is giving, status wise, which many illegals already have; (2) is residency; and (3) is citizenship, which President Obama is not touching, so don't get your undies in a wad!
Git'R Done Prez.!
Bad ass con law chick, signing out, from the fast & fresh, Montana Coffee Traders! Fun, good food, and Christmasy! Gotta love it!
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