Besides the fact that there is a wide-spread feeling that both the foreign and domestic policies of the Obama administration are ineffective, there are also a lot of rumors that these policies are unconstitutional. In order to test the constitutionality of these policies, it is necessary to investigate why the Constitution was written the way it was written and to take a closer look at the Constitution itself.
When the Americans declared independence on July 4, 1776, they had to create a Constitution. With European collectivism in mind, the Framers of the Constitution saw an opportunity to become the first nation with a Constitution that protected individual freedom against almighty governmental power instead of providing the government with certain powers. Though there are more, two of the most clear examples of the fact that the US Constitution guarantees its citizens more freedom than the European Constitutions do, are the First and the Second Amendment. The First Amendment of the Constitution gives people the right to say what they want to say and to believe in whatever they want to believe in. It is hard to imagine that Dutch parliamentarian Wilders, though acquitted of all charges, would ever have to face trial in the US for just stating his opinion about Islam, no matter how insulting that opinion might be. The Second Amendment gives people the right to defend themselves by bearing arms. We all know that European history has shown the horrible effects of the power imbalance between armed government and disarmed people.
It may be clear that the core of the US Constitution is individual freedom, limited government and the protection of the people against the almighty government. Land of the free, home of the brave, right? Let’s move on then and investigate the constitutionality of a few of Obama’s most well-known policies. We’ll start with the multi-billion dollar stimulus spending, followed by the collectivization of health insurance and the war in Libya. The wars in Afghanistan and Iraq, Gitmo and the Patriot Act will not be addressed because, though extended by the Obama administration, these policies were being started prior to Obama’s entry into the White House.
First, we’ll have a look at the stimulus spending that only stimulated the debt instead of economic recovery. The Tenth Amendment states that ‘’The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved for the States respectively, or to the people’’. So one of the core features of the US Constitution is the principle of limited government. The federal government has no right to put every American, and generations to come, into huge debt. The Constitution was written in order to protect the freedom of people against almighty government, yet almighty government gave them debt instead of liberty. The Constitution enumerates only the powers that the federal government does have, thus anything that is not being named in the Constitution is unconstitutional. Besides, the Constitution allows the federal government to raise taxes to pay off debts and not to increase debts.
Second, the collectivization of health insurance, a.k.a. ObamaCare. With millions of Americans uninsured for health care, Obama was determined to change this situation and make it the magnus opus of his Presidency. However, the only individual rights being given by the Constitution are the rights to life, liberty, property, and the pursuit of happiness. These are rights to action, not to impose obligations to other people. But, says Obama, Americans are entitled to health care simply because they need it. But, says the Constitution, health care costs money and therefore a right to health care means a right to impose obligations to other people. The government has nothing, it has to tax hard-working Americans in order to spend. Therefore, calling for a right to health care means calling for the right to let your fellow country men work for you. Not exactly what you would call individual freedom as named in the Constitution, right? Fortunately, Judge Roger Vinson (Pensacola, Florida) agreed and declared Obamacare unconstitutional.
Third, Obama’s response to the civil war in Libya. Besides the fact that troops were being sent to invade a country that never harmed our homeland, Obama has also failed to seek Congressional approval. The Constitution states that this approval is required for declarations of war. As stated in the War Powers Resolution of 1973, except in cases of an attack on the U.S. or its armed forces, the President must seek prior approval from Congress. Obama did not and therefore it may be obvious that we’ve yet got President Obama’s third unconstitutionality.
These are just three examples. The Obama administration has turned its back on the Constitution far more often. Now you may think, why bother? It’s just an old piece of paper written more than 200 years ago, right? Wrong. The Constitution made the US the greatest and most prosperous nation on earth. All your freedom and prosperity are based on that piece of paper. It is unique and morally superior to all other Constitutions in the world, because it guarantees individuals the right to action instead of the right to impose obligations to other people. It places the people above the government instead of the government above the people. But, supported by the last three administrations, the federal government has grown into a fat octopus with its tentacles spread all over the country – and even the world. Now it’s time for the people to fight back and reclaim their freedom before it’s too late.
