John Carey over at Sentry Journal has written a thought-provoking article which touched upon the possibility for the need of an Article V Constitutional Convention which would focus on the clarification of the commerce clause, or the need to repeal one out of a few choice amendments, or the possibility of adding an amendment which would grant States the right to repeal any law or regulation of the United States so States can take back their rights which are guaranteed by the constitution. I am not quite sure whether a Constitutional Convention would work since there are so many liberal activist judges who ignore the Constitution. I think it is an option worthy of thought and discussion which may work if the details are worked out. There is no doubt the Federal government needs to be reined in some capacity. The Federal government has metamorphosed into a leviathan which has squeezed and sucked the life out of States’ rights. The Ordinance Power grants the president the authority to issue regulations, proclamations, and executive orders. I believe that the Ordinance Power needs to be clarified so progressive presidents like Obama (I hope not another one like him is ever elected again but we had Carter and look who we got later on) cannot have any wiggle room to act like kings, usurp power, and institute new policies instead of enforcing existing ones. In article 2 Section 3 the Constitution states that the president “shall take Care that the Laws be faithfully executed” but this does not mean that presidents have been given the authority to add anything extra which wasn’t already passed by congress. The End of Life Counseling or “Death Panels” in Obamacare were taken out after their was outcry by the public and now Obama is going to be adding the End of Life Counseling via regulations. This is not merely enforcing the rule of law or making sure that laws are faithfully executed but rather is making an addition which was not in the final version of the health care bill which was passed by Congress and signed into law by the president.
As much as I agree with John that the Federal government needs to be reined in I am not sure I agree with his assessment that the commerce clause is one the biggest threats to the American people. It is a big threat but I believe that the powers of the president -Ordinance Power- are the powers which have the most capacity to endanger and encroach on our liberty and freedom. I believe these powers need to be clarified and limited. I think that Congress should be a check on the president by giving their authorization to any regulations and executive orders that either the President or those in government agencies such as the EPA want to implement. IMO, recess appointments need to stop also. If it is impossible for Congress to give a certain appointee their approval then they must not be fit to represent the American people in whatever position they have been nominated for. Although, there is the problem of the opposite Party blocking appointees approval regardless of how qualified the appointee is.
President Obama most recently has added (or plans to) end of life counseling under the guise of Medicare and Medicaid regulations, three Democrats on the FCC voted to enact the equivalent of the fairness doctrine but for the internet instead of radio, instituted green gas regulations through the EPA since he couldn’t get Congress to pass Cap & Trade, named recess appointments such as U.S. ambassadors and the head of Medicare and Medicaid, Donald Berwick. And, these are just the power grabs committed by the president since July of 2010. In addition you have progressives like John Podesta advising the president to ignore the will of the American people and institute policies via federal agencies.
Congress needs to do its job and use the Congressional Review Act to engage in oversight to reign in and stop the president’s power grabs. The Republicans in Congress intend to give Obama a fight over the new EPA regulations.
The Federal government, federal agencies and most importantly the president needs to be reined in with both congressional Oversight and either an amendment clarifying and limiting the powers of the president and federal agencies or through a Constitutional Convention such as John suggests.