executive authority Archives - Page 3 of 7

Democrats and Lawlessness

By ACRU Staff|2023-03-10T08:04:41-05:00August 28th, 2013|

This column by ACRU General Counsel and Senior Fellow for the Carleson Center for Welfare Reform (CCWR) Peter Ferrara was published August 21, 2013 on The American Spectator website.

In the third of the six films of the Star Wars saga, the Sith Lord who has infiltrated to become the ruling Chancellor of the democratic republic confederation of peaceful worlds announces to the elected Assembly of representatives of those worlds that to deal with an exaggerated, fabricated crisis, “The Old Republic will be reorganized into the first Intergalactic Empire.” The distracted Assembly responds with polite applause. One of the few characters who understands what is happening […]

The Lawless President

By ACRU Staff|2013-07-10T23:46:36-04:00July 10th, 2013|

This column by ACRU General Counsel and Senior Fellow for the Carleson Center for Welfare Reform (CCWR) Peter Ferrara was published July 10, 2013 on The American Spectator website.

The duties of the President of the United States are spelled out in Article II, Section 3 of the Constitution, which states, inter alia, that the President “shall take Care that the laws be faithfully executed.” As Stanford Law Professor and former federal judge Michael McConnell explained in yesterday’s Wall Street Journal, “This is a duty, not a discretionary power. While the president does have substantial discretion about how to enforce a law, he has no discretion […]

Obama's Agenda Depends on Packing the DC Circuit Court

By ACRU Staff|2013-05-29T15:54:55-04:00May 29th, 2013|

This column by ACRU Senior Legal Analyst Ken Klukowski was published May 29, 2013 on Breitbart.com.

President Barack Obama is finalizing an aggressive strategy to pack a court. It’s not the Supreme Court; it’s the U.S. Court of Appeals for the District of Columbia Circuit. Whether Obama’s agenda succeeds or fails turns on whether he remakes that court in his image, and Republicans are preparing for battle.

Last week, Breitbart News reported that Sri Srinivasan had been unanimously confirmed as a judge on the D.C. Circuit, and that half the justices on the U.S. Supreme Court came from that court. There […]

Fact Check–CNN's Blitzer: Sheriffs Can't Defy Executive Orders

By ACRU Staff|2023-03-10T08:04:43-05:00February 4th, 2013|

This column by ACRU Senior Legal Analyst Ken Klukowski was published February 1, 2013 on Breitbart.com.

Discussing gun control, CNN’s Wolf Blitzer on Friday told a Utah sheriff that if Barack Obama issues an executive order, that order is the law and the sheriff must obey. However, jurisprudence on this topic reveals exactly the opposite.

As the head of the executive branch of the federal government, a president can issue executive orders only to employees of the federal government–and only regarding implementing federal laws or programs. A governor can likewise issue executive orders to employees of his state government regarding the […]

Major Court Defeat for Obama: "Recess" Appointments Unconstitutional

By ACRU Staff|2013-01-25T13:50:25-05:00January 25th, 2013|

This column by ACRU Senior Legal Analyst Ken Klukowski was published on January 25, 2013 on Breitbart.com.

President Barack Obama just suffered a humiliating defeat in federal court. A top federal appeals court has removed three presidential appointees from power, and invalidated all actions they’ve taken over the past twelve months.

One year ago, Obama filled three seats on the National Labor Relations Board (NLRB)–an essential power center for Obama’s labor-union allies–with recess appointments, claiming that the U.S. Senate was in recess even though the Senate was still in session.

No president in history had ever done such a thing, […]

Obama Opens a New Term with a Loud 'Bang'

By ACRU Staff|2020-04-23T21:53:59-04:00January 21st, 2013|

This column by ACRU Senior Fellow Robert Knight was published January 21, 2013 on The Washington Times website.

Leave it to Barack Obama to come into his inaugural weekend with a bang, and not just on guns. He’s made it clear that he intends more spending, more regulation, more radical appointees and less national defense in his second term. The word “overreach” is going to be one of the most overused words in the English language.

Since he just fired a load of executive orders on gun control like shotgun pellets at a duck hunt, it’s time to ask a few […]

Who May Tax and Spend?

By ACRU Staff|2012-09-18T06:45:49-04:00September 18th, 2012|

This column by ACRU Policy Board Member and Professor of Economics Dr. Walter E. Williams was published September 12, 2012 on Townhall.com.

Within the past decade, I’ve written columns titled “Deception 101,” “Stubborn Ignorance” and “Exploiting Public Ignorance,” all explaining which branch of the federal government has taxing and spending authority. So here it is again: The first clause of Article 1, Section 7 of the U.S. Constitution, generally known as the “origination clause,” reads: “All Bills for raising Revenue shall originate in the House of Representatives; but the Senate may propose or concur with Amendments as on other Bills.” Constitutionally and […]

Supreme Court Might Not Enforce Constitution's Limits in Second Obama Term

By ACRU Staff|2020-04-23T21:53:45-04:00July 17th, 2012|

This column by ACRU Senior Fellow Ken Blackwell and ACRU Senior Legal Analyst Ken Klukowski was published on July 13, 2012 on Breitbart.com.

Public officials and pundits are still digesting the Supreme Court’s Obamacare decision in NFIB v. Sebelius. Yet to be discussed are the extraordinary implications for the size and role of government in a second Obama term in light of President Obama’s new stump speech. It is clear there is not a reliable majority on the Court to restrain government power by enforcing the limits imposed by the Constitution.

Most provisions in the Constitution fall into two categories. The […]

Constitution's Limits Threaten in an Obama Second Term

By ACRU Staff|2020-04-23T21:53:45-04:00July 13th, 2012|

This column by ACRU Senior Fellow Ken Blackwell and ACRU Senior Legal Analyst Ken Klukowski was published on July 12, 2012 on The Huffington Post website.

Public officials and pundits are still digesting the Supreme Court’s Obamacare decision in NFIB v. Sebelius. Not yet discussed are the extraordinary implications for the size and role of government in a second Obama term in light of President Obama’s new stump speech, as it is clear there is not a reliable majority on the Court to restrain government power by enforcing the limits imposed by the Constitution.

Most provisions in the Constitution fall into […]

Only Voters Can Hold Obama Accountable for Illegal Amnesty Policy

By ACRU Staff|2012-06-18T10:21:15-04:00June 18th, 2012|

This column by ACRU Senior Legal Analyst Ken Klukowski was published June 17, 2012 on Breitbart.com.

President Obama’s new amnesty policy regarding illegal aliens violates the law. But there’s probably no route to trump it either in Congress or in court, so the only recourse is for the American people to trump it by electing a new president.

Obama’s actions on granting backdoor amnesty fall into two different stages. Each is illegal for different reasons. However, occasionally situations can arise in our constitutional system where there is a “right without a remedy,” where people’s rights are being violated but there’s nothing […]

Title