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« on: February 18, 2016, 05:20:34 PM » |
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________________________________________ The Patriot Post Digest 2-17-2016 From The Federalist Patriot Free Email Subscription ________________________________________
Daily Digest
Feb. 17, 2016
THE FOUNDATION
“He [the president] shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint … Judges of the supreme Court.” —Article II, Section 2, Clause 2 of the Constitution
TOP RIGHT HOOKS
Man Who Tramples Constitution Now Pleads Its Case1
By playing political games with the pick for the next Supreme Court justice to replace the late Antonin Scalia2, Democrat leaders are demonstrating their blatant hypocrisy. In response to the advice from Republican senators to let the next president make the pick, Barack Obama insisted he would still nominate a candidate. He’s merely trolling with fake concern over the Constitution. “There’s no unwritten law that says it can only be done on off years,” Obama said Tuesday. “That’s not in the constitutional text. I’m amused when I hear people who claim to be strict interpreters of the Constitution suddenly reading into it a whole series of provisions that are not there.” The Constitution is also pretty clear about the president’s enumerated powers in other areas too, and that hasn’t stopped Obama from trampling it. Yes, Obama has an enumerated power to nominate Supreme Court judges, and Republican senators aren’t saying he doesn’t — they’re saying he should wait. But Obama is setting up a straw-man argument. He’s misrepresenting the senators, saying they are forbidding him from even nominating a candidate.
In order to embarrass Republican lawmakers further, Obama hinted that he would pick a “moderate” judge3 that Republican senators might reconsider approving — one who will be impartial, and look to precedent yet employ their “own ethics and moral bearings” in decisions. If that isn’t a dog-whistle for legislating from the bench, we don’t know what is.
Talking about misrepresenting comments, Sen. Chuck Schumer is backpedaling on comments made in 2007 during the approval process for justices nominated by President George W. Bush. Now that the tables have turned, the Democrat is saying his comments are being mischaracterized. But they’re pretty clear:
“The Supreme Court is dangerously out of balance,” Schumer said at the time4. “We cannot afford to see Justice Stevens replaced by another Roberts; or Justice Ginsburg by another Alito. Given the track record of this President and the experience of obfuscation at the hearings, with respect to the Supreme Court, at least: I will recommend to my colleagues that we should not confirm a Supreme Court nominee EXCEPT in extraordinary circumstances.”
Senators all took oaths to support and defend5 the Constitution. This is why they need to reject the nominee from a president whose executive actions and favored laws have again and again been unconstitutional. Obama cannot judge when someone holds constitutional values when he himself can’t judge his own actions.
Oh, You Mean That Article II?6
One of Justice Antonin Scalia’s final rulings from the bench was to block implementation7 of the EPA’s Clean Power Plan pending the outcome of a lawsuit filed by more than two dozen states. That irony notwithstanding, the Obama administration is pledging to trudge forward with the Paris climate treaty (more on that below) with or without the power plant emissions overhaul. Todd Stern, U.S. Special Envoy for Climate Change, said yesterday, “It is entirely premature, really premature to assume the Clean Power Plan will be struck down but, even if it were, come what may, we are sticking to our plan to sign, to join [the UN accord]. We’re going to go ahead and sign the agreement this year.”
Stern’s remarks are all the more intriguing given the timing of the rhetorical fight over Scalia’s successor. Barack Obama is barking8 at Republicans for daring to block any Supreme Court nominee, which is not only their right but their prerogative. Meanwhile, in a new op-ed, Senate Minority Leader Harry Reid warned, “We are entering uncharted waters in the history of the U.S. system of checks and balances, with potentially momentous consequences.”
Article II, Section 2, Clause 2 of the Constitution says that the president “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur.” Wait — isn’t the Paris agreement a treaty? Well, yes. So why isn’t the Senate voting on it? Because Obama, just like Reid did as majority leader, changed the rules. Knowing the agreement would never pass a Republican-majority Senate, the administration scripted the agreement as not legally binding to avoid a congressional smackdown. Obama and Reid have a lot of chutzpah accusing Republicans of contorting the Constitution when circumventing its checks and balances is all they do.
China Saber Rattles in South China Sea9
While the U.S. military may say it doesn’t know exactly what kind of message the Chinese government is trying to communicate by placing missiles in the South China Sea, it’s not one that promotes peace. According to satellite imagery10, China placed 16 surface-to-air missile launchers on an island along the Paracel Island chain called Woody Island. For months, China has been developing the shallow islands that lie within disputed territory between China, Brunei, Malaysia, the Philippines and Taiwan. They’ve dredged the area, built artificial runways and while the country said it wouldn’t militarize the area, there sit the missiles that can strike targets 125 miles out. Commander of the U.S. Navy’s Seventh Fleet Vice Admiral Joseph Aucoin, told reporters11, “We are unsure where they are taking us. So we are going to sail, fly, operate throughout these waters … like we have been doing for so long.” So while the U.S. Navy continues to sail its “freedom of navigation patrols” and fly missions over the region, the cause of China’s aggression is a power vacuum created by the Obama administration. It was not a coincidence that the missiles appeared just as Barack Obama wrapped up a California-based summit with the Association of Southeast Asian Nations where one of the topics of discussions was the South China Sea. Obama is perceived as a weak leader, thus China — like Russia — is doing whatever it pleases.
FEATURED RIGHT ANALYSIS Trump Lies, History Dies12
By Arnold Ahlert
Donald Trump has become the latest politician eager to rewrite13 the history of the Iraq war — a “Republican” who failed to get Iraq right14. So let’s look at what actually happened.
First, the vote on the Authorization for Use of Military Force (AUMF) in Iraq. On Oct. 10, 2002, the House voted15 296-133 with three abstentions in favor of H.J.Res. 114. Eighty-one Democrats supported the measure. A day later, the Senate followed suit16 with a 77-23 margin of approval and 29 Democrats on board, including Sens. Hillary Clinton, John Kerry, Chuck Schumer, Dianne Feinstein, Joe Biden and John Edwards. Former Obama Defense Secretary Chuck Hagel also voted in favor of the resolution.
Those votes were amplified by the unanimous passage17 of United Nations Security Council Resolution 1441 on Nov. 8, 2002. It gave Saddam Hussein’s Iraq “a final opportunity to comply with its disarmament obligations” that had been set out in 10 previous resolutions. On March 23, 2003, four days after the war began, a CNN/USA Today/Gallup poll revealed18 a whopping 72% of the American public favored the war.
In June 2003, just three months after the war began, the Democrat National Committee launched its first ad accusing George W. Bush of lying about Hussein’s determination to build WMDs. The ad focused on 16 words Bush included in his State of the Union address in reference to the accurate British report that Hussein had attempted to purchase yellowcake uranium in Niger. The allegations of lies came courtesy of Joe Wilson IV, former U.S. ambassador to Gabon, whose wife was CIA case officer Valerie Plame19. Unsurprisingly, Democrats demanded a hearing into those allegations, as well as the allegations the Bush administration had “cherry-picked” intel to justify the invasion.
Democrats got two hearings: In 2004, the Robb-Silberman Commission concluded20 that no one in the Bush administration had sought to pressure the intelligence community into its findings. Moreover, as report co-author Laurence H. Silberman explained20 last year, “presidential daily briefs from the CIA dating back to the Clinton administration were, if anything, more alarmist about Iraq’s WMD than the 2002 National Intelligence Estimate” of Saddam’s capabilities. In 2005, the bipartisan Senate Intelligence Committee unanimously concluded Wilson lied when he said Vice President Dick Cheney had sent him on the mission to Niger in 2002 to determine if Saddam had tried to buy uranium there, lied when he denied his wife had recommended him for the job, and lied when he said he’d found no evidence Saddam had tried to buy uranium from Niger.
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