Wednesday, March 11, 2015

Now Children...

Ever heard the expression: "Give someone enough rope and they'll probably hang themselves?"
47 Republican Senators really should have given that some thought.
As it turns out, some of the same people who have been frothing at the mouth to try to catch President Obama in some sort of impropriety or over-reach of his authority, have sort of stumbled into precisely the sort of thing they were really hoping Barak would step in himself.  Check out the Logan Act, which was passed in 1799, yes that's right, a mere 10 years after the Constitution was ratified, when the US of A was just a wee baby nation state.  It essentially states that private individuals should in no way be able to negotiate with nation states on behalf of other nations without specific authorization of the nation they are negotiating with.  It is named the Logan Act because one Dr. George Logan, of Pennsylvania took it upon himself to get all involved with negotiations with France at a sort of touchy moment.  Needless to say, President Adams and some others took exception and thus: a law against meddling in the foreign affairs of your government, no matter how good your intentions.
Fast forward to 1936 and a Supreme Court decision in the case of the United States V. Curtiss-Wright Export Corporation, where a private company was brought up on charges of violating a trade embargo against South American Countries in the Chaco War.  The embargo was imposed by President Franklin Roosevelt under the authority of an actual act of Congress.  C-W Exports said that the Congress couldn't give the President such authority and that such an embargo was a bunch of malarkey and so nanny-nanny-boo-boo, we should be able to make a buck on a foreign war (sounds sort of like Haliburton).
The Supreme Court disagreed, in fact, they went as far as to say that the interests of the nation vis-a-vis foreign policy were of such primary importance that you can basically assume that the President has authority to do such stuff, EVEN WITHOUT CONGRESS.  Here is the quote from Justice Sutherland's majority opinion:
It is important to bear in mind that we are here dealing not alone with an authority vested in the President by an exertion of legislative power, but with such an authority plus the very delicate, plenary and exclusive power of the President as the sole organ of the federal government in the field of international relations–a power which does not require as a basis for its exercise an act of Congress, but which, of course, like every other governmental power, must be exercised in subordination to the applicable provisions of the Constitution.
Okee dokee, if I can find that in about ten minutes on Wikipedia, how is it that 47 US Senators, I'm guess a fair number of whom have law degrees, and all of whom have super well paid legal counsel, think they can just toss it out the window and have no one notice that they may have just committed treason?
The two dudes from Tennessee, who refused to add their signatures, are probably feeling like the smartest guys in the room.
Look folks, I don't care if you like Barack Obama, I don't care if you think he's doing a good job, he is our elected leader, and he is nothing if not careful.  Seriously, the guy could and, and probably should have brought the hammer down on all this obstructionist and frankly seditious behavior a long time ago, but he didn't.  Probably because he has a bit of a sense of history and legacy and doesn't want the first black President to go down as a bully or a thug, and so he has taken the high road for the most part. If you would like a comparison, look at how Vlad Putin deals with people who disagree with him, say what you want, dude gets thing DONE, but I wouldn't vote for him.
In fact, the more of this stuff that happens, the more O looks like a grown up trying to deal with a room full of petulant children.  In it all he has seemed to me, more and more dignified.  He may, in fact, have ceded some of his power and passed on some opportunities to do more by taking advantage of his detractor's impetuous behavior, but he usually comes out in the end looking rather vindicated.
Now that his time as our leader is drawing to a close, I am a bit torn, on the one hand I want him to push a bit more to get things done, but on the other hand I also want him to keep to the high road and not leave in a flurry of flying crap.  Maybe that "turn the other cheek," thing really can work, even in the twisted world of politics,  We will see.

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