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U.S. Constitution
See other U.S. Constitution Articles

Title: Obama's Constitutional Role Model?
Source: soso
URL Source: http://scholarship.law.berkeley.edu/facpubs/1655/
Published: May 4, 2015
Author: John Yoo
Post Date: 2015-05-04 13:51:19 by SOSO
Keywords: None
Views: 1670
Comments: 17

The following is an excerpt for John Yoos Jefferson and Executive Power:

"CONCLUSION

Contrary to popular belief, Jefferson believed in an independent Presidency with inherent powers. He used them vigorously to the great benefit of the nation. Jefferson did not hesitate to exert direct control over the entire executive branch, challenge the courts over the right to interpret the Constitution, and use the military to advance foreign policy goals. He kept a firm control over foreign policy. Most importantly, Jefferson believed the President could act extra-constitutionally when the demands of necessity required. His belief in the Lockean prerogative allowed him to seize the great achievement of his Presidency, and that of the early Republic: the Louisiana Purchase. Domestically, Jefferson produced the innovation of the President as legislative leader. He introduced a close coordination of the executive and legislative branches, even going so far as to select the leaders of the Republican caucuses. His use of the political party to overcome the separation between the President and Congress allowed him to push through legislative policies with stunning speed.

Drawing the two branches closer together, however, would not prove an unadulterated blessing. With a conduit open between the two branches, power could flow in either direction. Once its founder left the Presidency, the Republican party shifted its weight of gravity toward the legislature, and away from the executive. The congressional caucus assumed the right to select the party's presidential nominee, justifying the nickname "King Caucus." Indeed, it was unclear whether congressional Democrats would select Madison or Monroe for the 1808 elections until Jefferson made his wishes known. This broke the Framers' effort to forge a direct relationship between the Presidency and the people, and to give the chief executive independence from Congress."


Poster Comment: Though a bit lenghty the entire treatise is well worth the read and may explain Obama's view on consitutional limits on the Presidency.

Post Comment   Private Reply   Ignore Thread  


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#1. To: SOSO (#0)

may explain Obama's view on consitutional limits on the Presidency.

His view on the Constitutional limits of the presidency is, in all likelihood, the same as his predecessors: 4-8 years. That's it.

Pinguinite  posted on  2015-05-04   18:49:29 ET  Reply   Trace   Private Reply  


#2. To: SOSO (#0)

...May explain Obama's view on consitutional limits on the Presidency.

Let's cut to the chase; Anyone can see that 0bola believes he HAS no limitation to his abuse of un-constitutional power.

Liberator  posted on  2015-05-04   19:18:14 ET  Reply   Trace   Private Reply  


#3. To: Pinguinite (#1)

His view on the Constitutional limits of the presidency is, in all likelihood, the same as his predecessors: 4-8 years. That's it.

You've watched the last 6 1/2 years with your own eyes....Reeealy??

Liberator  posted on  2015-05-04   19:19:20 ET  Reply   Trace   Private Reply  


#4. To: Liberator (#2)

Whasamatter, don't like having history put in front of your nose?

потому что Бог хочет это тот путь

SOSO  posted on  2015-05-04   20:52:51 ET  Reply   Trace   Private Reply  


#5. To: SOSO (#0)

Obamam's Constitutional Role Model?

The answe is no. Obama and Thomas Jefferson are polar opposites.

A K A Stone  posted on  2015-05-04   21:13:33 ET  Reply   Trace   Private Reply  


#6. To: A K A Stone (#5)

Obama and Thomas Jefferson are polar opposites.

Are you kidding?

потому что Бог хочет это тот путь

SOSO  posted on  2015-05-04   21:15:48 ET  Reply   Trace   Private Reply  


#7. To: SOSO (#6)

No I am serious. But you're kidding right.

Obama is the opposite of the declaration of Independence.

A K A Stone  posted on  2015-05-04   21:18:00 ET  Reply   Trace   Private Reply  


#8. To: SOSO (#6)

Did Thomas Jefferson lower or raise government spending?

What about Obama?

They both raised it irresponsibly right?

A K A Stone  posted on  2015-05-04   21:21:40 ET  Reply   Trace   Private Reply  


#9. To: A K A Stone (#7)

Obama is the opposite of the declaration of Independence.

The Consitution is the law of the land, not the DI. Jefferson had no hand in drafting the Consitution, he wasn't even in the country when it was. Jefferson was a master at not walking his own talk. As much as you may wish, you cannot change what has been abuntantly documented by countless historians. Jefferson knowingly shattered the Consitution and justified it with the ends justify the means rationalization. Obama has done and continues to do the same thing.

потому что Бог хочет это тот путь

SOSO  posted on  2015-05-04   21:23:02 ET  Reply   Trace   Private Reply  


#10. To: SOSO (#9)

The Consitution is the law of the land, not the DI.

The Declaration of Independence is superior to the constitution. A similar document could dissolve the constitution. Just like it dissolved our being part of Britain.

Anything in the constitution contrary to the declaration is without standing.

A K A Stone  posted on  2015-05-04   21:25:28 ET  Reply   Trace   Private Reply  


#11. To: A K A Stone (#10)

Anything in the constitution contrary to the declaration is without standing.

Oh, I thought that the original unassailable was the Ten Commandments. Sorry, my bad, I'm not good at making things up or changing the rules of the game to avoid facts.

потому что Бог хочет это тот путь

SOSO  posted on  2015-05-04   21:32:54 ET  Reply   Trace   Private Reply  


#12. To: SOSO (#11)

Oh, I thought that the original unassailable was the Ten Commandments. Sorry, my bad, I'm not good at making things up or changing the rules of the game to avoid facts.

I take it that you don't take those founding truths to be self evident. I do.

The Declaration is superior to the constitution.

A K A Stone  posted on  2015-05-04   21:35:25 ET  Reply   Trace   Private Reply  


#13. To: A K A Stone (#12)

I take it that you don't take those founding truths to be self evident. I do.

How do you come to that conclusion? Because I disagree with you on some other points? Nice.

потому что Бог хочет это тот путь

SOSO  posted on  2015-05-04   21:36:51 ET  Reply   Trace   Private Reply  


#14. To: SOSO (#13)

How do you come to that conclusion? Because I disagree with you on some other points? Nice

I come to that conclusion because you put the constitution above the declaration.

Those "self evident truths" gave is the foundation if you will to break away from Britain.

The same would be valid to throw off the current corrupt system.

The constitution unfortunately has been corrupted. Those checks and balances now keep the chains on us.

A K A Stone  posted on  2015-05-04   21:43:53 ET  Reply   Trace   Private Reply  


#15. To: A K A Stone (#12)

The Declaration is superior to the constitution.

Not as a governing law of a country or society. The DI is in essence an expression of beliefs, some of which many of the Founding Fathers were in violation before, during and after the drafting and signing of the DI. So de facto many of the signatories didn't even believe what they signed. ALL MEN created equal and endowed with life, liberty and the pursuit of happiness by their creator? Really? I guess Jefferson didn't get that memo and that is why he kept his slaves until his death some 50 years after he inked the DI.

потому что Бог хочет это тот путь

SOSO  posted on  2015-05-04   21:43:58 ET  Reply   Trace   Private Reply  


#16. To: SOSO (#15)

Not as a governing law of a country or society. The DI is in essence an expression of beliefs, some of which many of the Founding Fathers were in violation before, during and after the drafting and signing of the DI. So de facto many of the signatories didn't even believe what they signed. ALL MEN created equal and endowed with life, liberty and the pursuit of happiness by their creator? Really? I guess Jefferson didn't get that memo and that is why he kept his slaves until his death some 50 years after he inked the DI.

That is the thing about men. We are hypocrites at times. We have ideals that we believe in. But we break them sometimes. Men write a fantastic document like the constitution. But it is flawed. Men cannot come up with the perfect words for a just constitution. We are flawed people. There will always be things that aren't adequately explained. That people of good intention can disagree on the meaning.

And I'm not talking about the frauds that we have to deal with also.

A K A Stone  posted on  2015-05-04   21:47:23 ET  Reply   Trace   Private Reply  


#17. To: A K A Stone (#14)

come to that conclusion because you put the constitution above the declaration.

As the law of the land it most certainly is. If that isn't self evident to you nothing is.

Those "self evident truths" gave is the foundation if you will to break away from Britain."

The DI is basicly an expression of beliefs/principles that justifed the Revolution. As I stated earlier, many of the FF didn't walk the walk of the DI in their personal life.

"The same would be valid to throw off the current corrupt system."

One may rationalize one's actions in an amazing number of ways. Just ask Jefferson.

I am done on this subject for now. Have a good night.

потому что Бог хочет это тот путь

SOSO  posted on  2015-05-04   21:48:30 ET  Reply   Trace   Private Reply  


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