A List of Obama’s Constitutional Violations

“I was a constitutional law professor, which means unlike the current president I actually respect the Constitution.” Barrack Hussein Obama.

Obama took the Presidential Oath, swearing to preserve, protect and defend the Constitution of the United States” but has:

  • Used Executive Privilege in regards to Fast & Furious gun running scandal. When Government misconduct is the concern Executive privilege is negated.
  • 23 Executive Orders on gun control – infringement of the 2nd Amendment
  • Executive Order bypassing Congress on immigration – Article 1 Section 1, ALL Legislative power held by Congress
  • NDAA – Section 1021. Due process Rights negated.  Violation of 3rd, 4th, 5th, 6th, and 7th Amendments.
  • Executive Order 13603 NDRP – Government can seize anything
  • Executive Order 13524 – Gives INTERPOL jurisdiction on American soil beyond law enforcement agencies, including the FBI.
  • Executive Order 13636 Infrastructure Cybersecurity – Bypassing Congress Article 1 Section 1, ALL Legislative power held by Congress
  • Signed into law the establishment of  NO Free Speech zones – noncompliance is a felony. Violation of 1st Amendment.
  • Attempt to tax political contributions – 1st Amendment
  • DOMA Law – Obama directed DOJ to ignore the Constitution and separation of powers and not enforce the law.
  • Dodd-Frank – Due process and separation of powers. Consumer Financial Protection Bureau writing and interpreting law. Article. I. Section. 1
  • Drone strikes on American Citizens – 5th Amendment Due process Rights negated
  • Bypassed Congress and gave EPA power to advance Cap-n-Trade
  • Attempt for Graphic tobacco warnings (under appeal) – 1st Amendment
  • Four Exec. appointments – Senate was NOT in recess (Court has ruled unconstitutional yet the appointees still remain)
  • Appointing agency czars without the “advice and consent of the Senate.”  Violation of Article II, Section 2
  • Obama took Chairmanship of UN Security Council – Violation of Section 9.
  • Obamacare (ACA) mandate – SCOTUS had to make it a tax because there is no Constitutional authority for Congress to force Americans to engage in commerce.
  • Contraceptive, abortifacients mandate violation of First Ammendment
  • Healthcare waivers – No president has dispensing powers
  • Refuses to acknowledge state’s 10th Amendment rights to nullify Obamacare
  • Going after states (AZ lawsuit) for upholding Federal law (immigration) -10th Amendment.
  • Chrysler Bailout -TARP – violated creditors rights and bankruptcy law, as well as Takings and Due Process Clauses – 5th Amendment (G.W. Bush also illegally used TARP funds for bailouts)
  • The Independent Payment Advisory Board (appointees by the president). Any decisions by IPAB will instantly become law starting in 2014 – Separation of Powers, Article 1 Section 1.
  • Congress did not approve Obama’s war in Libya. Article I, Section 8, First illegal war U.S. has engaged in. Impeachable under Article II, Section 4.
  • Obama falsely claims UN can usurp Congressional war powers.
  • Obama has acted outside the constitutional power given him – this in itself is unconstitutional.
  • With the approval of Obama, the NSA and the FBI are tapping directly into the servers of 9 internet companies to gain access to emails, video/audio, photos, documents, etc. This program is code named PRISM. NSA also collecting data on all phone calls in U.S. – Violation of 4th Amendment.
  • Plans to sign U.N. Firearms treaty – 2nd Amendment.
  • The Senate/Obama immigration bill (approved by both) raises revenue – Section 7. All Bills for raising Revenue shall originate in the House of Representatives;
  • Obama refuses to uphold the Business Mandate Law (ACA) for a year.  President does not have that authority – Article. I. Section. 1. All legislative Powers herein granted shall be vested in a Congress of the United States. The president ”shall take care that the laws be faithfully executed” -Article II, Section 3.

A Constitutional law professor (even their students) should know better.  The TRUTH is Obama was a speaker not a law professor, and clearly he has not respected or protected the Constitution. Obama has broken his oath to preserve, protect, and defend the Constitution of the United States. Article II, Section 1.

The growing nebulous of Obama’s scandals are sure to add to his Constitutional violations. <click here> for Obama’s scandals

http://ninetymilesfromtyranny.blogspot.com/2013/08/a-list-of-obamas-constitutional.html

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4 thoughts on “A List of Obama’s Constitutional Violations

  1. SPEAKING OF cONSTITUTIONAL VIOLAtIONS…..

    Something the U.S. Supreme Court will not intervene in, or fight over.

    State court violation Separation of Powers DISABLED VETERANS

    State court violations of veterans’ VA disability compensation in disregard of State law, as well the Constitution of the United States have been forwarded (6/23/14), to all nine Justices of the United States Supreme Court, who in 2012 denied a petition on this issue by disabled Air Force veteran Peter Barclay. Justices now have stored in their court clerk’s file, my questions of law. Public Law 95-30 “..there is no statutory prohibition against garnishment of military retired pay. ..a veteran’s disability compensation can be garnished in order to pay… ” However, there is prohibition that I find concerning these violations. Namely, “Separation of powers, Due Process, The Commerce Clause, Supremacy Clause,” as well, various veterans’ laws, the property protections of veterans benefits. The point of this mailing? This is now not something the Justices, and as well, the United States Senate and House Committee on Veterans’ Affairs now have not been made aware of. What they do with this information, if anything, will tell you a great deal. The parties have been advised of the following.

    In State court cases involving divorce, our disabled veteran’s concerns are over rulings violating both state and federal law. Decades of continuing costly litigation, incurred in pursuing 14th Amendment property rights of veterans VA disability compensation being awarded to third parties in violation of federal law 38 USC 5301, 10 U.S.C. § 1408. This unlawful activity continues in all but a few state courts that do recognize it‘s federal exempt status. Disabled veterans need to know if it’s true that the “… essential purpose of the due process clause is to prevent the government from acting arbitrarily.”

    Divorce is, and can be complicated process. However, keeping in mind, that in each case during the court’s initial property distribution rulings of alimony/support, before any conceivable consideration, in determining VA disability compensation as an award of alimony/support, first and foremost, the court’s duty to the veteran, enforcement of the protections secured by the Constitution. “State sovereignty is not a proper basis on which to rest jurisdiction. Instead the focus is on whether the defendant’s due process rights are infringed by the court’s assertion of jurisdiction.” Civil Procedure 4th Ed. West group.

    “It is well established that disability benefits are a protected property interest and may not be discontinued without due process of law.” See Atkins v. Parker, 472 U.S. 115, 128 (1985); Mathews v. Eldridge, 424 U.S. 319, 332 (1976)”

    Oregon resident, Peter James Barclay, a disabled Air Force veteran, May 2 2012, filed with the United States Supreme Court a Petition for a writ of certiorari.

    ARGUMENT
    I. “The Court Should Grant Review to Determine Whether State Courts Are Erring as a Matter of Law By Preempting Federal Law with State Law Federal Law, by Considering VA Disability Pay Divisible Under State Community or Equitable Distribution Laws.”

    II. “This Court Should Grant Review to Resolve the States’ Various Interpretations and Applications of Federal Law Governing Veterans’ Disability Benefits and State Communal and Equitable Property Laws in Favor of One Binding Precedent.”

    On Oct 1 2012 Petition was DENIED.

    This decision fell on all disabled veterans when Peter Barclay was denied his Constitutional rights by Oregon’s State and Supreme court and refusal of the United States Supreme Court to consider his petition. All the while interestingly, permanent alimony reform continues, and has been proposed in Oregon and, as well, legislated in several states, all without one thought of the disabled veteran.

    I take that back. Yes, one State did think about the disabled veteran. In 1983, “..the Texas Supreme Court held that …Veterans Administration disability benefits …with the clear intent of Congress that these benefits be solely for the use of the disabled veteran.” And as so, legislated and made part of Texas law. Although alimony reform had been on the legislative agenda, they turned their thoughts once again to the disabled veteran. The Texas legislature in 2013 amended the law. Section 154.062(b), Family Code. Sec. 8.055. AMOUNT OF MAINTENANCE. “(a-1) For purposes of this chapter, gross income:
    (5) all other income actually being received, including… United States Department of Veterans Affairs disability benefits ….”

    The issue is VA medical disability compensation, the property rights of the disabled veteran, in what VA medical doctors, medical professionals have determined a disabled veterans injuries should be compensated for. If, and when the question is a disabled veteran’s VA disability compensation property rights, it’s time that disabled veterans voices be heard in a matter that has long concerned them. State court judges continue to ignore the disabled veteran, and the law, i.e., 38 USC 5301, 10 USC 1408. “Separation of powers” doctrine is mandated to end this attempt by the state court to manipulate, overlook, and circumvent the law, and manage to stick it to the disabled veteran.

    It is said that no person can be deprived of life, liberty, or property, without due process of law. Forgotten long ago are the property rights of the disabled veterans. Why? It is clear the court’s have no legal right to, exercise, determine, or consider in any equitable calculation thereof, to divide federal VA disability benefits, in order to further enforce judgment arbitrarily in disregard of property rights. The “separation of powers” doctrine imposes the assumption that the state court, in attacking the disabled veterans legal right to claim as exempt, his or her VA disability compensation, further requires subject matter jurisdiction, which address the court’s constitutional or statutory power to entertain a particular controversy. State court’s have the sworn duty and responsibility to enforce federal law. The court’s continued attempt to override VA administered rehabilitative medical services determinations, of disability compensation is not within the courts purview, legal right or jurisdiction to invade.

    Disabled veteran’s, and the “separation of powers” doctrine, both overlooked, ignored, for years, by most state court judges. Policy making outside their jurisdiction of constitutional boundaries in re-evaluating and considering long held established VA protocols, of a disabled veteran‘s VA disability compensation for purposes other than rehabilitation and health of the veteran. Substituting their judgment for the judgment of VA doctors and medical professionals. Violating the property rights of a disabled veteran’s earned VA disability compensation “..once they are delivered to the veteran..,” the blatant disregard of 38 USC 5301, “and shall not be liable to ..…or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.“ and the 14th Amendment, to further degrade property rights of the disabled veteran, runs afoul of the “separation of powers” doctrine. Injurious, and an abuse of power to allow what is happening, was this the intent of Congress?

    A disabled veteran’s plea to the judge, “I have a very severe serious back injury, I do need all of my VA disability compensation.” The judge will, of course reply, “Are you a doctor?” The practice of medicine is a privilege and a calling, and that it combines both art and science. And yet, in these non-life threatening health issues, acting as a provider of health care, state court judges independently take on the serious role of playing doctor, prescribe without medical license or knowledge VA medical compensation issues. A practice forbidden, providing penalties by law, and border on medical negligence in maintaining it’s own state health practice standards.

    Despite a ruling by the United State court of appeals, in VETERANS FOR COMMON SENSE, VETERANS UNITED FOR TRUTH, INC., v. ERIC K. SHINSEKI, December 13, 2011, in refusing to exceed their jurisdiction over service-related disability compensation, state courts judges, yes… purposely overlook and violate this canon of law.

    A State’s navigable streams are regulated as commerce throughout it’s travel, to protect against pollution, and it’s effect to protect it’s health all along it’s travels. This is no different from a veterans VA disability compensation benefit, navigating it’s way across many states, and just as well recognized as commerce, regulated. State courts failing the constitutional standards for establishing a state priority over the Commerce Clause, Article 1, Section 8, have shown no State interest to protect the health and well being, or the property interests of a disabled veteran.

    Realizing laws protecting VA disability compensation as exempt, state courts, therefore are unable, in any legal standing, to secure garnishment of veteran’s VA disability compensation. The court not satisfied, in a final move, will now consider, from any source, an equitable calculation of veteran’s resources, to include…. the very same disability compensation the court has acknowledged as exempt in determining court awarded support. Suggesting the use of a veteran’s disability compensation, or go to jail! As has happened. The mere mention, innuendo, or thought of VA disability compensation to satisfy indemnity obligations as a equitable consideration in any form, thought or calculation of VA disability compensation, suggests interference, in matters identified as exempt, are beyond the State courts jurisdiction, under “separation of powers” doctrine. The court has the responsibility to recognize “property” as a “due process’ right and the states obligation to uphold the State Constitution’s “separation of powers” doctrine.

    A state court judge not wanting to violate federal law realizing the exempt status of VA disability compensation, so orders the veteran, that support payments… shall be made from his or her VA disability compensation. In many instances the only monies available, asking (coerced) the veteran to break federal law 38 USC 5301, one that the court will refused to violate. “Payments of benefits due or to become due under any law administered by the Secretary shall not be assignable except to the extent specifically authorized by law,.. and shall not be liable to ..levy or seizure by or under any legal or equitable process whatever, either before or after receipt by the beneficiary.”

    To illustrate, an ultimatum of disabled veterans’ experiences. As California Vietnam disabled veteran explained to me, “So the court is playing the ‘contempt of court’ game…I am unfortunately too afraid to go to jail for any reason so I resentfully and reluctantly pay the balance.” (Piner v Piner Calif.)

    The Supremacy Clause of the Constitution… “The laws of the United States… shall be the supreme law of the land…anything in the constitutions or laws of any State to the contrary notwithstanding. This means of course, that any federal law—even a regulation of a federal agency—trumps any conflicting state law.”

    The federal agency’s Veterans Administration Secretary knowing of these concerns remains oblivious to what is their responsibility of care to veterans is, and remains unconcerned as to exactly what their administrative duty is to protect VA disability benefits from those who freely encroach on those constitutional responsibilities that clearly belong to the Veterans Administration. I find no duty of the Secretary to surrender control of VA disability benefits so freely to the States. The issue of disabled veterans right to property is about the law, and not setting a precedent.

    As a veterans advocate, and a Korean era veteran, I am neither disabled or in any divorce action. The reality of law from the disabled veteran’s view, it’s criminal.

    • Congress’s Oath of Office?
      [
      The U.S. Congress reported that, “Every year, thousands of experiments utilizing human subjects are still being conducted by, or on behalf of, the DOD.” These are Department Of Defense “experiments that were designed to harm”! They are identified in the 56 page U.S. Senate December 8, 1994 Report 103-97, “IS MILITARY RESEARCH HAZARDOUS TO VETERANS’ HEALTH? LESSONS SPANNING HALF A CENTURY.” with its 171 source “NOTES”. Under the Bill of Rights, Amendment VIII is, “…nor cruel and unusual punishments.”. This is reiterated in the, “U.S. Report under the International Convent on Civil and Political Rights, July 1994 Article 7 “Freedom from Torture, or Cruel, Inhuman or Degrading Treatment or Punishment.” Also 3 months earlier (17 & 18, October 1994) is the Court of Veterans Appeals, Chief Judge’s “Constitution, Statutes and Regulations” “policy freely ignored” by “The Veterans Health Administration” and the Secretary of the Department of Veterans Affairs (DVA) in the “STATE OF COURT” transcript PARAGRAPH 9. To date lost has been the Chief Judge’s advised Congressional oversight and accountability.
      [
      As of 2014 (“HALF A CENTURY.”+ 20 years later) the U.S. Congress has yet “To make Rules…” preventing the “Degrading” rape of and the injurious, non-consensual experiments on all U.S. Military Personnel. 1994 noted were missing needed for treatment and experimentation verifying records! This is again verified by Congress’s subsequent EIGHT (8) times rejection of the “Veterans Right To Know Act”! On 25 July 2012 a U.S. Magistrate Judge ordered the VA to release these DOD experimentation records! DVA “initial adjudicators” still are not held accountable for their “freely ignored” “Constitution, Statutes and Regulations”![
      The complete 16 paragraph, CHIEF JUDGE FRANK Q. NEBEKER, “STATE OF COURT” THIRD JUDICIAL CONFERENCE OCTOBER 17-18, 1994 transcript is available on request or at CAVC Judicial Conference Index – Veterans… http://www.veteranslawlibrary.com/Judicial_Conf_Index.h.
      ——————–PARAGRAPH 9 of 16 in TRANSCRIPT.—————————–
      “I believe my message is clear. There is, I suggest, no system with judicial review which has within it a component part free to function in its own way, in its own time and with one message to those it disappoints — take an appeal. That is, I am afraid, what we have today in many of the Department’s Agencies of Original Jurisdiction — that is AOJs — around the country. Neither the Court, through the Board, the Board, nor the General Counsel has direct and meaningful control over the Agencies of Original Jurisdiction. Indeed, it is also clear that the VHA — the Veterans Health Administration — ignores specific directives to provide medical opinions as directed. And this is resulting in unconscionable delays. Let us examine judicial review. Remember, the Court and the Board do not make policy, the Secretary and Congress do. The Court simply identifies error made below by a failure to adhere, in individual cases, to the Constitution, statutes, and regulations which themselves reflect policy — policy freely ignored by many initial adjudicators whose attitude is, “I haven’t been told by my boss to change. If you don’t like it — appeal it.” (Emphasis added) AND THE “policy freely ignored”:

      TITLE 38 PART I CHAPTER 5 SUB CHAPTER I § 511
      § 511. Decisions of the Secretary; finality

      “(a) The Secretary shall decide all questions of law and fact necessary to a decision by the Secretary under a law that affects the provision of benefits by the Secretary to veterans or the dependents or survivors of veterans. Subject to subsection (b), the decision of the Secretary as to any such question shall be final and conclusive and may not be reviewed by any other official or by any court, whether by an action in the nature of mandamus or otherwise.”

      [
      Congress Overlooks:

      A..”To make Rules for the Government and Regulation of the land and naval Forces.” is the U.S. Congress’s responsibility under the U.S. Constitution, Art. I, Sect. 8, Clause 14.

      B..”I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.” This is the U.S. Congress’s Oath of Office.
      [
      Please require your members of Congress to obey their abandoned Oath of Office! Shouldn’t U.S. Service Personnel have the same U.S. Constitutional, Amendment 8, Rights that: 1. Were given by the 26 February 1953 Secretary of the Department of Defense’s, to-date ignored, no non-consensual human experimentation order. And 2. Are given to convicted rapists and murderers under the Amendment VIII reiteration, “U.S. Report under the International Covenant on Civil and Political Rights July 1994, Article 7 – Freedom from Torture, or Cruel, Inhuman or Degrading Treatment or Punishment.”
      [
      “EQUAL JUSTICE UNDER LAW” is carved in stone above the main entrance to the U.S. Supreme Court Building. Please make this happen for veterans and active duty military men and woman!
      [
      Thank you.
      David Marshall, 100% Disabled 1952-1956 USAF Veteran

  2. Well??? If he is, that would make the Contemporary GOP the largest group of wimps we’ve ever had in Washington.. I mean, it didnt take them long to go after this guy. What happened to THOSE BALLS?? Swallowed by Big Money? Koch Bros? It’s been nearly 5 years of “the Right” claiming he has broken laws and 5 years of us watching the congressional majority fail to do anything.. .-and YET, they still get votes? Mind Blowing.. or Blow Harding?

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