Integrity Legal

In previous postings on this blog it was noted that the issue of impeaching of President Barack Obama was brought up in the context of the administration’s current position regarding enforcement of the provisions of the so-called “Defense of Marriage Act” (DOMA). At the time of that posting, the notion seemed a bit more far fetched compared to the tone some lawmakers and advocates on Capital Hill are now taking especially in light of the recent events in Libya and what appeared to be partisan acrimony in the lead up to the 11th hour agreement to keep the United States government funded.

Many legislators seem rather fixated upon the President’s recent actions in Libya and elsewhere in North Africa. To quote Representative Ron Paul directly from his recent speech on the floor of the United States House of Representatives (as found at approximately the 2:00 minute mark of the YouTube video referenced in the aforementioned hyperlink):

“It is against international law and it challenges the war powers resolution…”

Meanwhile, dissenting voices are not only heard on the Republican side of the current political aisle as Democratic members of Congress have voiced concern about Mr. Obama’s recent decisions regarding the situation in Libya. To quote directly from Representative Dennis Kucinich (approximately the 2:40 mark) in a video on YouTube from a broadcast which would appear to have initially aired on Russia Today, the Representative summed up his position on Obama’s decision regarding Libya, when asked if the President’s actions were impeachable and for further elaboration on that subject:

…He did not abide by the Constitution…

Readers of this blog are highly encouraged to click upon the hyperlinks above to view these videos in detail in order to gain real insight on these issues. Concurrently, it would appear as though American advocates for Constitutional adherence are becoming increasingly vocal in their opposition to recent policies of the Obama Administration as writer Ben Smith noted in a concise and interesting article on the website Politico, to quote directly from Mr. Smith:

A prominent libertarian constitutional lawyer and civil libertarian has drafted an article of impeachment against President Obama over his attack on Libya, throwing down a legal gauntlet that could be picked up by some Congressional Republicans

Bruce Fein, a former Reagan administration official in the Department of Justice and chairman of American Freedom Agenda writes in his 15-page argument of Obama’s course that “Barack Hussein Obama has mocked the rule of law, endangered the very existence of the Republic and the liberties of the people, and perpetrated an impeachable high crime and misdemeanor.”

This blogger undertook some research regarding Mr. Bruce Fein as he appears to be a very learned individual especially regarding the subject and intentions underlying the drafting of the United States Constitution. Recently, Mr. Fein was featured in a 2 part interview on YouTube’s Alex Jones Channel and his analysis of the issues at play as well as the Constitutional legal principles underlying those issues was highly insightful, especially for those who may be unaccustomed to a truly thoughtful analysis of Constitutional law and the original intentions behind the adoption of the Checks and Balances system inherent to the Separation of Powers embodied within the provisions of the Constitution itself. Many people are under the mistaken impression that the only issues that come up with regard to the United States Constitution pertain to the so-called “Bill of Rights”, the reference to the original 10 Amendments to the Constitution which most clearly elucidates the rights, privileges, and immunities of States and People of the United States of America. However, the provisions regarding the relationships and interrelationships between the Several States and the Federal Government, the People and the Federal Government, the States’ relationships amongst themselves, and the States’ relationship to the People are more clearly defined within the provisions of the US Constitution itself.

One quote that this blogger felt was of most significance during the interview came when Mr. Fein stated (at approximately the 5:20 minute mark of the interview mentioned above):

“…The fundamental rule of law is at stake here.”

Later in this same interview (at approximately the 8:30 minute mark at part 2 of this interview) Mr. Fein went on to take exception with an apparent policy that Americans can be placed upon “assassination lists” if found to be an imminent threat to the country. Mr. Fein took exception with this policy based upon a belief that the United States government is not permitted to take the life of an American Citizen without the due process of law.  He went on to note that the so-called “Patriot Act” is “being used against us” (use of the word us implying the American People). Those interested in these issues are strongly encouraged to click on the links above and review this interview as it is quite insightful.

That said, a final resolution to the issues being brought to the foreground by Representatives such as Mr. Kucinich and Dr. Paul as well as advocates such as Mr. Fein has yet to manifest itself from the bubbling cauldron that is the American political system. To paraphrase Ted “Theodore” Logan from one of this blogger’s all time favorite movies, Bill & Ted’s Excellent Adventure: Strange Things Are Afoot On Capital Hill. How the issues noted above will play out in a Congress that just barely managed to patch together an 11th hour resolution to keep the government funded remains to be seen.

Strictly speaking, proceedings such as impeachment have a more political character compared to, say, a legal proceeding, but the outcomes of such proceedings can have legal consequences as well as consequences in the policy arena. To be candid, such events can even have geopolitical consequences as evidenced in the waning days of the Presidency of William Jefferson Clinton or, arguably, those of Richard Nixon or even Andrew Johnson. Therefore, in today’s interconnected world American Presidential impeachment can have ramifications for people as geographically distant as China or the Nations comprising the Association of Southeast Asian Nations (ASEAN).

In real terms, all hyperbole aside: is impeachment possible? Certainly, it is always a technical possibility under the provisions of the United States Constitution. The question to be asked by the observant student of political and legal history in the United States is: can Senatorial removal be considered a real possibility? This is a much murkier issue as the Senate of the United States is currently dominated by members of the Democratic Party who would likely prove less-than-willing to vote to remove a President of their own Party. To put it as simply as possible, it is this blogger’s opinion that notwithstanding the possibility that articles of impeachment may be introduced against Mr. Obama, the possibility of seeing those articles of impeachment adopted by the full House of Representatives is simply that: a possibility.

To sum up, whatever one’s opinions are regarding Mr. Obama’s administration there is one thing that is certain: he will be running for a second Presidential term. Mr. Obama recently announced that he would be seeking the office of the Presidency for a second time. To quote directly from The Link Paper at thelinkpaper.ca:

US President Barack Obama announced his decision to run for a second term as he called upon his supporters to mobilise for the 2012 election campaign. “This campaign is just kicking off,” Obama said on his official website. In a message to his supporters through email, text and video, titled ‘It Begins with Us’, Obama said he would be filing his papers to launch his campaign for a second term.

As of yet, it would appear as though Mr. Obama’s main Presidential challengers have yet to officially reveal themselves. Although the reconvening Congress may be more interesting even than that which very nearly shutdown only mere hours ago.

Tags: Alex Jones, Articles of Impeachment, Barack Obama, Ben Smith, Bruce Fein, Checks and Balances, Defense of Marriage Act, DOMA, Obama Impeachment, Obama To Run For Reelection, Patriot Act, Politico, President Obama, Representative Dennis Kucinich, Representative Ron Paul, Russia Today, Separation of Powers, The Link Paper
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In a recent episode of Bill Maher’s popular television program Mr. Maher noted the fact that the debate on same sex marriage is being stubbornly maintained despite the continued damage it does to honest American Citizens and their families. He also noted the somewhat hypocritical stature of the current position held by the administration and the Congress regarding the issue of same sex marriage. After watching this program this blogger felt as though Maher had failed to take into consideration the endeavors of some steadfast legislators on behalf of the LGBT community and those same sex bi-national couples who continue to hope for legal change either in the form of judicial or legislative action.

A fascinating article on this issue was posted on an interesting website known as the Business Insider.  To quote directly from the Business Insider website BusinessInsider.com:

In his New Rules segment last night, Bill Maher took Obama and the Democratic party to task for not being able to pass gay marriage in America, even though more than a majority of people support it for the first time.

The administration of this web log highly encourages readers to click on the hyperlinks above to read the Business Insider’s take on these issues as the piece written by the author Steven Loeb is quite enlightening and insightful.The issue of same sex marriage is increasingly in the news as developments on the issue seem to be occurring quite quickly at the time of this writing. One of the reasons for this may stem from a sincere hope that the notion of Equal Protection under the Federal law will be extended to all American Citizens regardless of their sexual orientation and/or preference. Concurrently, there are those who also hope that Federal authorities recognize the Several States’ Right to regulate the marriage of those within their jurisdiction. Furthermore, there are others who hope that some of these issues could be resolved by the United States Supreme Court as there are likely legal implications pursuant to the Full Faith and Credit Clause of the United States Constitution. Putting these issues aside, Mr. Maher went on to note, humorously if somewhat crudely, quoting further from the Business Insider:

…that only 53% of people support it, which means that “47% of Americans are assholes.”

“But still, this is remarkable progress considering that it wasn’t that long ago that just saying the words gay marriage made most Americans throw up in their Cornflakes. So, tonight, I’d like to congratulate the leadership of the Democratic party who really stood up for what was right. I’d like to, but I can’t. Because other than Gavin Newsom, Dennis Kucinich and that Governor of New Jersey… no Democrat would touch this issue with a ten inch pole.”

Although this blogger has often noted the exploits of Representative Dennis Kucinich this monologue by Maher should be noted first for the fact that for all of the hyperbole and some might say profanity: the man is right. Same sex marriage is apparently becoming increasingly popular to a broader sector of the population, even though the cause has seen relatively little support at times from so-called “main stream” sections of either political party. Meanwhile, there are strong legal arguments which can be made against the Federal government’s enforcement of the so-called “Defense of Marriage Act” (DOMA) as it applies in sovereign US States which recognize, legalize, and/or solemnize same sex marriages. That stated, the Constitutionality of DOMA is questionable in terms understandable by broad sectors of the population as DOMA’s continued withholding of Federal recognition of unions  solemnized and legalized by 6 States and the District of Columbia infringes upon sovereign rights long reserved to the States, most notable among these rights is the right to solemnize and/or legalize marriages within the State’s jurisdiction (as well as annulment and/or divorce) as noted in a recent Massachusetts Federal Court decision.

Putting all of this aside, why no mention of Representative Jerrold Nadler? Why no mention of the other legislators who have championed this cause such as Representative Zoe Lofgren or Senator Kirsten Gillibrand? In the case of Representative Nadler, whom this blogger has followed with keen interest as he appears, at least to this blogger, to be the Federal legislator most active on this issue: here is a Democrat from New York who has continued to be an advocate for same sex bi-national couples as well as the entire LGBT community by actively supporting legislation such as the Respect for Marriage Act, the Uniting American Families Act, and; perhaps, Comprehensive Immigration Reform legislation which would include relevant language allowing same sex bi-national couples to receive United States immigration benefits to the same degree as their different-sex counterparts. This blogger is not disagreeing with Mr. Maher’s opinion on the issue of some Democrats apparently refusing to support legislation which would modify or repeal DOMA, but in an attempt to see that some credit is given where due it has been repeatedly noted on this blog that Representative Nadler has remained a champion of legislation which would reform what many feel is a flagrant violation of the civil rights of many Americans as well as the States’ right to make policies regarding the legalization and solemnization of marriages.

It should be noted that this blogger is in no way affiliated with Representative Nadler having never personally dealt with his office nor his staff and this mention is in no way an endorsement of anything other than his position on respecting the civil liberties of all Americans to marry whomever they choose and the State institution of marriage.

Tags: Bill Maher, LGBT Equal Rights, LGBT Immigration rights, lgbt visa, New Rules, Representative Dennis Kucinich, Representative Jerrold Nadler, Representative Zoe Lofgren, Respect for Marriage Act, same sex marriage visa, samse sex marriage, Senator Kirsten Gillibrand, Uniting American Families Act
Posted in same sex visa | No Comments »