Integrity Legal

It recently came to this blogger’s attention that some in the American Capital are urging the United States President to unilaterally raise the American debt ceiling notwithstanding apparent lack of Congressional approval for such action. In order to provide further elucidation on these developments it is necessary to quote directly from the official website of Politico, Politico.com:

Rep. James Clyburn and a group of House Democrats are urging President Barack Obama to invoke the 14th Amendment to raise the debt ceiling if Congress can’t come up with a satisfactory plan before the Tuesday deadline. Clyburn, the third-ranking House Democrat, said Wednesday that if the president is delivered a bill to raise the debt ceiling for only a short period of time, he should instead veto it and turn to the phrase in the Constitution that says the validity of the U.S. government’s debt “shall not be questioned…”

The administration of this blog strongly encourages readers to click upon the relevant hyperlinks noted above to read this fascinating article in detail.

An interesting facet of the quotation cited above is the fact that political obfuscation seems to be in use in order to misdirect the public from the glaring logical disparity between the notion of an American President unilaterally raising the American debt ceiling and the clearly delineated separation of powers in the Constitution (the separation between the powers of the executive, legislative, and judicial branches) which explicitly rejects such a notion. Furthermore, some commentators have noted that Congress has explicitly set a debt ceiling thereby manifesting their political will with regard to the raising of American debt. To provide further insight it is necessary to quote directly from the Financial Times website, FT.com:

If there is no increase in the debt ceiling by August 2, then the Treasury will not have enough money to meet all its commitments without borrowing more money, which it will not be able to do without breaking a wartime law from 1917 that created the debt ceiling.

This blogger asks readers to click upon the relevant hyperlinks above to read this article in detail.  Further relevant insight is found by quoting directly from the aforementioned section of the 14th Amendment which is posted upon the Wikipedia website, Wikipedia.org:

The validity of the public debt of the United States, authorized by law, including debts incurred for payment of pensions and bounties for services in suppressing insurrection or rebellion, shall not be questioned. But neither the United States nor any State shall assume or pay any debt or obligation incurred in aid of insurrection or rebellion against the United States…

This blogger asks readers to click upon the relevant hyperlinks noted above to read about the 14th Amendment and its history in detail.

The important phrase in the above citation is “authorized by law”. To provide illumination regarding the importance of this phrase it is necessary to understand how American law is made. In order for a law to be enacted in the United States it must be passed by the United States House of Representatives and the United States Senate before being placed upon the desk of the American President for either signature (which denotes enactment) or veto (which can result in the overall defeat of a proposed bill). Should the President veto a piece of proposed legislation then that piece of legislation can overcome said veto only if the House and Senate vote by a 2/3 majority to enact said legislation. Nowhere has it ever been noted that the American President may unilaterally impose debt upon the American public without authorization from the peoples’ representatives in the body of the United States Congress. In fact Article 1, Section 8 of the United States Constitution vests exclusive authority to raise debt in the Congress, to quote directly from the enumerated powers of the United States Constitution as noted on the Wikipedia website Wikipedia.org:

The Congress shall have power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States;

To borrow Money on the credit of the United States;

To regulate Commerce with foreign Nations, and among the several States, and with the Indian Tribes;

To establish a uniform Rule of Naturalization, and uniform Laws on the subject of Bankruptcies throughout the United States;

To coin Money, regulate the Value thereof, and of foreign Coin, and fix the Standard of Weights and Measures;

To provide for the Punishment of counterfeiting the Securities and current coin of the United States;

To establish Post Offices and post Roads;

To promote the Progress of Science and useful Arts, by securing for limited Times to Authors and Inventors the exclusive Right to their respective Writings and Discoveries;

To constitute Tribunals inferior to the supreme Court;

To define and punish Piracies and Felonies committed on the high Seas, and Offenses against the Law of Nations;

To declare War, grant Letters of Marque and Reprisal, and make Rules concerning Captures on Land and Water;

To raise and support Armies, but no Appropriation of Money to that Use shall be for a longer Term than two Years;

To provide and maintain a Navy;

To make Rules for the Government and Regulation of the land and naval Forces;

To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;

To provide for organizing, arming, and disciplining, the Militia, and for governing such Part of them as may be employed in the Service of the United States, reserving to the States respectively, the Appointment of the Officers, and the Authority of training the Militia according to the discipline prescribed by Congress;

To exercise exclusive Legislation in all Cases whatsoever, over such District (not exceeding ten Miles square) as may, by Cession of particular States, and the Acceptance of Congress, become the Seat of the Government of the United States, and to exercise like Authority over all Places purchased by the Consent of the Legislature of the State in which the Same shall be, for the Erection of Forts, Magazines, Arsenals, dock-Yards, and other needful Buildings;—And

To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.

The administration of this web log asks readers to click upon the relevant hyperlinks noted above to read more about these powers.

Clearly, Congress is the only branch of the American government with the enumerated power to authorize the borrowing of funds in the name of the American People. Therefore, the notion that a President taking such action unilaterally and without the approval of Congress is spurious, fallacious, and downright dangerous as it goes against the plain language of the enumerated powers noted in the provisions of the Constitution itself. Here is an interesting further point to ponder: could the unilateral action of a President which raises the debt level of the United States, notwithstanding Congressional refusal to do so, be construed to be a “debt or obligation incurred in aid of insurrection or rebellion against the United States” since said action would expressly contradict the will of the Congress (as manifested in the form of the debt ceiling itself) which, pursuant to the provisions of Article 1, Section 8 of the United States Constitution, has the exclusive authority “To borrow Money on the credit of the United States”? It is a rather subtle point, but an interesting one nonetheless.

Issues pertaining to the American debt ceiling can, as noted in previous postings on this web log, have an impact upon Consular Processing since every US Embassy, US Consulate, or American Mission abroad could face closure in the face of a US government shutdown that could arise as a result of a failure to reach an agreement regarding the American debt ceiling. There is a theoretical possibility that the United States Citizenship and Immigration Service (USCIS) could remain open despite a Government Shutdown since that agency is self-funded. However, such a development remains to be seen. That stated, in order to overcome this obstacle American legislators need to engage in a good faith negotiation regarding the US debt. Using specious arguments to propose questionably legal activities serves no good purpose since such activity could result adverse circumstances for all concerned.

–Benjamin Walter Hart

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Tags: 14th Amendment, 2/3 majority, American Mission, authorized by law, bounties, Consular Processing, debt ceiling, debts, executive branch, Fourteeth Amendment, Government Shutdown, insurrection, judicial branch, legislative branch, pensions, President Barack Obama, public debt of the United States, rebellion, Representative James Clyburn, Separation of Powers, shall not be questioned, To borrow Money on the credit of the United States, United States Citizenship and Immigration Service, United States Congress, United States House of Representatives, United States Senate, US Consulate, US Embassy, US Treasury, USCIS, veto
Posted in Editorial, Opinion, US Constitution | No Comments »

First they came for the communists,
and I didn’t speak out because I wasn’t a communist.

Then they came for the trade unionists,
and I didn’t speak out because I wasn’t a trade unionist.

Then they came for the Jews,
and I didn’t speak out because I wasn’t a Jew.

Then they came for me
and there was no one left to speak out for me…

[F]amous statement attributed to Pastor Martin Niemöller (1892–1984) about the inactivity of German intellectuals following the Nazi rise to power and the purging of their chosen targets, group after group.”

– quoted directly from the official website of  Wikipedia, Wikipedia.org

It recently came to this blogger’s attention that the former Secretary of Defense of the United States of America has been the subject of a so-called “enhanced patdown” (A.K.A grope down) administered by the TSA.  To quote directly from a very insightful article by Josh Rogin posted in The Cable on the official website of Foreign Policy, ForeignPolicy.com:

Former Defense Secretary Donald Rumsfeld was on the other side of the homeland security policies his administration helped to create today when he was held up and patted down at the airport after setting off the metal detectors on his way to board a flight…Rumsfeld was in Chicago to attend a panel and luncheon hosted by the Heritage Foundation and was on the way to Grand Rapids, MI to attend the funeral of Betty Ford, whom he called “one of America’s most beloved first ladies.”

This blogger asks readers to click on the relevant hyperlinks noted above to read this article in full and thereby gain insight into what apparently happened.

In this blogger’s opinion, the news above elucidates the fundamental absurdity and ridiculousness of the Transportation Security Administration (TSA), as of late, especially in light of the United States Constitution’s 4th Amendment protection against unreasonable searches and seizures.To provide poignant context it is again necessary to quote Wikipedia’s 4th Amendment entry:

“The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no Warrants shall issue, but upon probable cause, supported by Oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.”

In what way is it reasonable to assume that groping a former Defense Secretary is reasonable while he is traveling to the funeral of a former First Lady? Where is the probable cause for this activity? Where is the warrant for such an invasion of Mr. Rumsfeld’s personal space? These events seem rather ironic since it was Mr. Bush’s administration that began these Constitutionally-suspect practices. However, that should not divert the reader’s attention from the severity of this state of affairs. At what point did it become reasonable to deny everyone their Constitutional right to be free from unwanted touching? Or, perhaps more specifically unwanted searches of persons without a warrant supported by probable cause? To provide further insight, it is necessary to quote from another section of Wikipedia discussing fundamental legal issues associated with the American Constitution:

The U.S. Declaration of Independence states that it has become necessary for the United States to assume “the separate and equal station to which the Laws of Nature and of Nature’s God entitle them”. Some early American lawyers and judges perceived natural law as too tenuous, amorphous and evanescent a legal basis for grounding concrete rights and governmental limitations.^[3] Natural law did, however, serve as authority for legal claims and rights in some judicial decisions, legislative acts, and legal pronouncements.^[66] Robert Lowry Clinton argues that the U.S. Constitution rests on a common law foundation and the common law, in turn, rests on a classical natural law foundation.^[67]

This quotation above is important because it demonstrates the reason for the very existence of the 4th Amendment itself. Namely: to codify extremely important, yet utterly subtle natural rights. The founders were well aware of the fact some natural rights are so inherent to the very fiber of We The People‘s being that they are (under the weight of occasionally specious yet tempting legal reasoning) sometimes subject to being taken for granted by dint of their almost ethereal nature.

Readers are asked to bear the above in mind as this blogger feels compelled to quote directly from the website of My Fox New York, MyFoxNY.com:

[A] Colorado woman is accused of putting her hands on a TSA agent at Sky Harbor International Airport in Phoenix. Court records show 61-year-old Yukari Mihamae grabbed the left breast of the female agent Thursday at the Terminal 4 checkpoint…Mihamae now faces a felony count of sexual abuse. According to court records, she lives in Longmont, Colorado and is self-employed…

Readers are asked to click upon the hyperlinks above to read this article in detail. It is also necessary to point out that the woman in question noted above is innocent until proven guilty of any charge under American law and the American justice system’s adherence to Blackstone’s Formulation. That said, it will, no doubt, be interesting to ascertain the facts surrounding this incident since the lead-up to this incident may, at the least, provide context. Travel is stressful to begin with and, in this blogger’s opinion, such stress is only compounded by the duress which arises with the prospect of an invasive pat-down and the insistence, with little legal foundation, that such a pat-down be imposed.

In a somewhat startling turn of similar events it would appear that a woman in the sovereign State of Tennessee has been subjected to arrest as a result of an incident involving the TSA. In order to provide further insight on these developments it is necessary to quote directly from the Mail Online website at DailyMail.co.uk:

A mother has been arrested after refusing to let her child be searched by a TSA agent. Andrea Fornella Abbott, 41, was arrested at Nashville International Airport on Saturday after telling agents she did not want her daughter to be ‘touched inappropriately’ or have her ‘crotch grabbed,’ according to a police report. Mrs Abbott acted ‘belligerent and verbally abusive to staff’, yelling and swearing at them, according to the report. Police said after the woman refused to calm down she was arrested and charged with disorderly conduct…

Tags: 14th Amendment, aircraft, airport, airport screeners, American judges, American Lawyers, American Traveller Dignity Act, ballot box, Bill of Rights, body imaging machines, business travelers, cabinet secretary, classical natural law foundation, Clerk of the United States House of Representatives, Common Law, common law foundation, Constitutional Law, crotch grabbed, Declaration of Independence, disorderly conduct, due process of law, Erie Doctrine, families, Federal employee, Federal funds, federal regulations, felony count of sexual abuse, Former Defense Secretary Donald Rumsfeld, Full Faith and Credit, Full Faith and Credit Clause, funeral of Betty Ford, German intellectuals, Grand Rapids, H.R. 6416, Heritage Foundation, homeland security policies, immunity, judicial decisions, Laws of Nature, legal pronouncements, legislative acts, legitimate operation of a supreme government, Member of Congress, Michigan, millimeter wave machines, Nashville International Airport, Nazi, Oath or affirmation, Obama Administration, our rights are inalienable, Pastor Martin Niemöller, physical contact, political elites, probable cause, Right to travel, Robert Lowry Clinton, Secretary of Defense of the United States of America, senior citizens, Several States, Sky Harbor International Airport in Phoenix, Soviet citizens, Soviet Constitutions, Texas, touched inappropriately, Transportation Security Administration, TSA, TSA agent, U.S. Declaration of Independence, United States Constitution's 4th Amendment, unreasonable searches and seizures, warrant, warrant supported by probable cause, x-rays
Posted in Transportation Security Administration (TSA) | No Comments »