by Michael Connelly
Mr. Connelly teaches law, including constitutional law, through Education to Go, an online company that provides courses to numerous universities. The author of three books and publisher of a website, he resides in Carrollton, Texas, and can be reached by email.
I have recently been asked by a number of different people if I think that the President of the United States, Barack Obama, has committed any offenses that subject him to being impeached by the Congress of the United States. The answer is without a doubt yes because he is repeatedly breached his oath of office. The oath of office of the President of the United States the simple and concise. It reads:
"I do solemnly swear that I will faithfully execute the office of President of the United States, and will to the best of my ability, preserve, protect, and defend the Constitution of the United States."
Instead of living up to that oath, President Obama has actively attempted to subvert, ignore, and completely destroy large parts of the Constitution. I believe the President of the United States is well aware of what he is doing, and it is completely intentional. Listed below are what I believe are impeachable offenses and the list continues to grow.
1. President Obama has appointed numerous people to cabinet level positions without the advice and consent of the U.S. Senate, as is required by the Constitution. These individuals are given extraordinary power and independent funding, and are not under the scrutiny of Congress. The fact that Obama calls them Czars does not make them legal.
2. The push by Pres. Obama to pass health care legislation in the Congress of the United States that he was fully aware was unconstitutional. He has continued to use his powers and executive branch of government to implement this legislation despite the fact that a federal judge has declared the entire law unconstitutional, and ordered that it not be implemented.
3. Despite the fact that the United States Senate refused to pass the Cap and Trade bill, the President has ordered the Environmental Protection Agency to use regulations to implement key portions of the bill, including those regulating so-called greenhouse gases. Obama himself has acknowledged that this will force energy prices in this country to skyrocket. He is taking these actions in direct defiance of the will of the people of the United States, the will of Congress, and the Constitution.
4. Through the Department of the Interior Obama has placed a moratorium on offshore oil drilling or exploration off both the Atlantic and Pacific coasts of the United States and in parts of the Gulf of Mexico. He is also prohibited new drilling exploration in any states in the United States. These actions by the Department of Interior have continued in direct defiance of several court orders issued by a federal judge in New Orleans, Louisiana the declared that the department had no authority to issue such a moratorium. In fact the Secretary of the Department of the Interior has been held in contempt by the same judge.
5. Instead of allowing American companies to drill for oil domestically, Obama has betrayed the American people and authorized loans of billions of dollars to countries like Brazil and Mexico so that they can drill for oil, and then sell that oil to the United States. This will dramatically increase our dependence on foreign nations such as Venezuela, Brazil, Saudi Arabia, and even Libya that do not serve the interest of America or the American people.
6. President Obama has abdicated his responsibility to enforce the laws of the United States against illegal immigration. He has virtually declared our southern border an open border by declaring certain areas of federal land in states like Arizona as off-limits to federal, state, and local authorities. This is despite the fact that these areas are being used to bring in thousands of illegal immigrants, massive amounts of drugs, and also being used by foreign terrorists to infiltrate the United States. He has also ordered the border patrol not to arrest most illegal immigrants entering the country, and has stopped deportation proceedings against thousands of people in this country illegally. He is bypassing the Congress of the United States which has sole authority over immigration matters.
7. The President and his Atty. Gen. Eric Holder have clearly violated their oath of office by joining with foreign countries in a lawsuit against the sovereign state of Arizona to stop it from enforcing the federal immigration laws.
8. President Obama has ordered the Federal Communications Commission to adopt regulations giving the federal government control of the Internet and its contents, including providing Obama with a kill switch that gives him authority to shut down the Internet if he sees fit. This is in direct violation of a decision by the United States Supreme Court that the FCC has no Constitutional authority to control the Internet.
9. One of the paramount responsibilities of the President of the United States and his executive branch of government is to enforce and defend laws adopted by Congress unless they are declared unconstitutional by the United States Supreme Court. Obama has decided that he should ignore this Constitutional mandate, and that as President he is more powerful than either the Congress of the United States or the Supreme Court. He has unilaterally declared that the Defense of Marriage Act passed by the Congress is unconstitutional, and further declared that he will not have the Justice Department defend it against lawsuits. He has essentially said that he is the supreme ruler of the United States, and that the Congress and the Federal Judiciary are irrelevant.
10. It has recently been learned that acting through the Bureau of Alcohol, Tobacco, and Firearms the Obama administration has been involved for the past several months in getting legitimate and law-abiding gun store owners along our southern border to supply weapons to straw buyers that the government knew would deliver them to the drug cartels in Mexico. This was billed as a sting operation against the cartels when in fact it was designed to produce fraudulent data showing that large numbers of weapons were going from the United States to the Mexican drug dealers. This data was then to be used, and is being used, to try to justify new gun control regulations to limit the rights of American citizens to keep and bear arms. It has nothing to do with arresting members of the drug operations. The administration has, in effect, armed our enemies, and one border patrol agent has already been killed by one of these weapons. Now, he intends to impose gun control laws by Executive order so he will not have to deal with Congress.
11. The President of the United States is not authorized by the Constitution to take our nation to war without the consent of the Congress of the United States. The only exception to this is the authority granted to the President by Congress under the War Powers Act. This law allows the President to take immediate action without the consent of Congress if there is an imminent threat to the security of the United States, or its citizens. Although there was clearly no such imminent threat caused by the Civil War in Libya, the President committed members of the United States military to combat missions in a foreign country without the consent of Congress. He based his authority on a United Nations resolution, and a resolution by the Arab League.
12. Last but not the least, of my dirty dozen of impeachable offenses, is the fact that since taking office the President has used executive orders, laws pushed through Congress in the dark of night, and administrative actions by his departments to nationalize and control automobile manufacturers, banks, insurance companies, and portions of the healthcare industry. This is designed to take our country from a free enterprise economy to a socialist economy. There is absolutely no authority in the Constitution of te United States that allows the President to do this.
Article II, Section 4 of the Constitution provides as follows:
“The President, Vice President and all civil Officers of the United States shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors."
I contend that among those high crimes and misdemeanors is the intentional violation of the oath of office administered to the President and all other federal officials. In fact, federal law at 5 U.S.C. 7311 specifically provides that violation of the oath of office includes advocating the overthrowing of our constitutional form of government. This is specifically declared a criminal offense in 18 U.S.C. 1918 and is punishable by both a fine and imprisonment.
In the 12 areas I mentioned in the paragraphs above I firmly believe that Obama, Eric Holder, and numerous other members of his administration have gone beyond just advocating the overthrow of our constitutional form of government. They are actually engaged in making it happen, and as a result should be impeached and convicted.
Will there be an impeachment and conviction in the current Congress? Probably not, since it takes a two thirds vote in the House of Representatives to impeach, and a two thirds vote in the Senate to convict. With Harry Reid and the progressives still in control of the Senate, and many of them guilty of some of the same impeachable offenses, they will resist it.
However, we are the American people and we still have a right to control our government, and the people elected to represent us. Therefore, I am personally calling on the conservative members the House of Representatives to bring this action based on the grounds I have enumerated so that the American people can understand what is really at stake here. Then “we the people,” can make our voices heard.