Check your privilege, President Obama. Specifically, your executive
privilege.
If we time-traveled to the days of our first presidents—George
Washington, John Adams, Thomas Jefferson, James Madison, James Monroe,
John Quincy Adams and Andrew Jackson—we would discover that they all used
executive privilege. Here’s the catch: on average, these presidents
invoked executive privilege less than once per year (0.79 times/year).
Modern-day presidents abuse executive privilege, a license that is not
overtly articulated in the Constitution. In some cases, the Supreme Court
has upheld its use as a way for presidents to perform their existing
executive duties.
Chief Justice Burger describes the privilege thus in the majority opinion
for US v. Nixon: “Whatever the nature of the privilege of confidentiality
of Presidential communications in the exercise of Art. II powers, the
privilege can be said to derive from the supremacy of each branch within
its own assigned area of constitutional duties.”
Checkmate
Today I’ll discuss why Obama is one of the worst modern abusers of
executive privilege and encourage you to hold him and future presidents
in check.
“Bush abused executive privilege too!” someone might protest. Bush is no
longer president. Obama is. And Obama Junior—otherwise known as Hillary
Clinton—has her eye on the White House.
Executive privilege must be held in check. Obama has said so himself. At
least he did back in 2007 when he sought to buy our votes.
CNN’s Larry King to presidential candidate Obama: "Do you favor executive
privilege?"
Obama: "…there's been a tendency on the part of this [the Bush]
administration to, to, try to hide behind executive privilege every time
there's somethin' a little shaky that’s taking place. And I think, you
know, the administration would be best served by coming clean…"
Once he became president, Obama was not shy about tooting his own horn:
“This is the most transparent administration in history,” he said in
2013. Unfortunately, nothing could be further from the truth.
The Record
Flash forward to 2015. President Obama has issued 219 official executive
orders according to the American Presidency Project. On paper, Obama’s
number seems “low” in comparison to Franklin D. Roosevelt (3,721 orders);
or Woodrow Wilson (1,803 orders); and “reasonable” in contrast to George
W. Bush (291 orders).
We can’t go back in time and impeach Roosevelt and Wilson. We can hold
our current and future presidents accountable.
George W. Bush exerted executive privilege to prevent a “precedent”
whereby a president’s staffers (like Karl Rove in Bush’s case) would be,
in Rove’s words: “routinely subpoenaed” to discuss “internal White House
deliberations.”
Rove told Fox News’ Greta Van Susteren that Bush offered Congress a
compromise: the ability to get “the substance of what they wanted” by
making Rove available in a “private hearing” where Rove would be “sworn
in” so that if he didn’t “tell the truth, he could be prosecuted.”
In this way, Bush invoked executive privilege in line with Supreme Court
precedent—to protect internal White House communications—while still
proffering Congress a way to obtain the information.
Obama does the opposite. He claims executive privilege on matters that he
himself has declared the White House to have zero involvement in. For
example:
Fast and Furious: In 2012, Obama exerted executive privilege to shield
his cabinet member Attorney General Eric Holder—despite previously
claiming that the White House had no involvement in Fast and Furious. The
Obama administration again exerted the privilege in 2014 to protect
Holder’s wife and mother.
To protect its shady secrets, the Obama administration has used executive
privilege to classify practically anything and anyone as protected under
internal White House deliberations. This is like saying: “my dog ate my
homework.” C’mon!
Benghazi: In March of this year, Obama told CBS that he heard about
Hillary Clinton’s private email server at “the same time everybody else
learned it—through news reports.”
By October, when the State Department uncovered emails exchanged between
Clinton and Obama, he had changed his story. The New York Times reported
that the administration “will try to block” emails between Obama and the
former Secretary of State. So, Obama threatened to use executive
privilege to protect the same electronic communication that he denied
existing a few months earlier on CBS.
Leaping Through Loopholes
Obama, like Bill Clinton before him, is also inclined to invoke executive
privilege informally to help keep his “official” count down. The Wall
Street Journal describes Clinton’s approach to invoking executive
privilege: “Because he didn’t issue written directives asserting
privilege, he didn’t make it completely clear when he was asserting the
privilege.”
Though Congress may attempt to override an executive order, the President
has veto power, making the Supreme Court the ultimate decision-maker. We
need only look to the Court to see how abusive Obama’s use of executive
power has become. On at least 12 occasions, the Supreme Court has
“unanimously ruled against the Obama administration on the issue of
executive power,” according to The Daily Signal.
One of Obama’s most notorious uses of executive privilege is the Deferred
Action for Childhood Arrivals (DACA) policy. By establishing the DACA
program, Obama effectively re-wrote federal immigration law. The program
gives a two-year deportation deferral to undocumented young people under
the age of 30 who arrived in the U.S. before the age of 16. U.S. District
Judge Arthur Schwab made headlines declaring DACA to be unconstitutional.
Even if someone were to think that DACA is constitutional—they’ll have to
agree that its effects are very unethical. For example, the New York
Times reported earlier this year how DACA has encouraged colleges to give
undocumented citizens priority over American citizens for college aid.
Obama’s DACA order incentivizes colleges to make life even harder for
American college students who already graduate with $33,000 in debt on
average. This is unethical and unjust.
Nearly one in four Millennials still lives at home with their parents.
Rather than enjoying Michelle Obama’s self-described “huge recovery,”
young Americans have faced 15% unemployment. Politicians are out to buy
votes and they don’t care about the humanitarian needs of undocumented
young people. The fact is, before we can truly help others we must help
our own young people survive. It’s not fair to Americans or non-Americans
to pretend otherwise.
Most young people will never hear these facts in their high schools or
colleges. The onus is on those of us who are fortunate enough to be
informed to educate Millennials.
The youth vote determined the past two presidential elections. Young
people in particular will be burned by Obama’s wrongful use of executive
orders and Hillary Clinton will be Barack Obama 2.0. This is why I wrote
“Let Me Be Clear,” as an educational tool for parents and their
Millennials so that we can win in 2016.
You and I have a powerful voice when we speak in unison. Let’s get this
message out: Check your privilege, Obama. And don’t even think about
following in his footsteps, Hillary Clinton.
Source:
http://bit.ly/1OzDSIe
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