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Dr. Edwin Vieira, Jr., JD — The Constitution Limits the President Even as “Commander in Chief”
Dr. Edwin Vieira, Jr., Ph.D., J.D.
February 20, 2006
NewsWithViews.com
Amidst the flood of propaganda these days on behalf of what must be the most breathtaking expansion of Presidential power since Franklin Roosevelt’s New Deal, especially glaring are the assertions of self-styled “conservative” media personalities that nothing is amiss, because: (i) the President is “Commander in Chief;” (ii) in that capacity he supposedly enjoys “inherent” power to take whatever actions he may deem necessary to protect this country from “terrorism;” (iii) assertion of this Presidential power is especially vital now, with this country engaged in a “war on terror;” and (iv) in any event, Congress has broadly authorized the President to use “force” in “the war on terror.” None of these contentions can withstand even cursory scrutiny.
Foxhole Nation
The theme for June in the economy, stock market, and our monthly newsletter is leadership. It is certainly time for a general to step up to the plate. I can think of nobody better than General Patton whose 1944 speech on World War II could have easily been retrofitted to a speech on the American Dream today.
He implored soldiers to fight and abhorred the notion of waiting for defeat in foxholes. Right now, our Commander in Chief is encouraging half the population to hang out in foxholes (until Election Day when he wants them to kick off their slippers) and spooking the other half into foxholes, too.
General Patton
East Anglia 1944
Men, this stuff that some sources sling around about America wanting out of this war, not wanting to fight, is a crock of bullshit. Americans love to fight, traditionally. All real Americans love the sting and clash of battle.
Has a Military Coup occurred?| The Post & Email (via ~ BLOGGER.GUNNY.G.1984+ ~ (BLOG & EMAIL))
Has a Military Coup occurred?| The Post & Email (via ~ BLOGGER.GUNNY.G.1984+ ~ (BLOG & EMAIL))
Has a Military Coup occurred?| The Post & Email
Recently, in a ruling by Army JAG Judge Denise Lind, our worst fears that a military coup has taken place have been confirmed. In a courts-martial pre-hearing concerning the demands of LTC Terry Lakin that the putative Commander- in-Chief must prove that he is a Constitutionally lawful CINC before anyone obeys any military orders, lest they themselves be charged with obeying an unlawful order, Judge Lind stated that any and all orders now originate with the Pentagon and no longer with the Office of the civilian President and Commander-in-Chief.
This issue is now much greater than just LTC Lakin and his refusal to obey an unlawful order; it is a case of the Military Command saying that the Military (the Pentagon) has taken over the government and that orders no longer come from the putative Commander-in-Chief. It is a ruling that says there has been a Military Coup, and we are now ruled by a Military Junta. (NOTE: This is not the same as that which recently occurred in Honduras – a lawful act to uphold their Constitution, until a legitimate President and CINC can be duly selected or elected – this is a secret and treasonous takeover of our Constitutional form of government, with a person of unknown origins and allegiances as the de facto pResident in charge).
A Clueless, Callous Commander-in-Chief
A Clueless, Callous Commander-in-Chief
A Clueless, Callous Commander-in-Chief:
“What a sorry, sorry performance…what it demonstrates most clearly is why gradually increasing experience and leadership responsibility are essential before anyone should even be considered for the Commander-in-Chief’s position.
Among the many roles a president must perform, that of leader of our military forces, is the one most difficult to fulfill successfully because the men and women who comprise those forces are those very Americans who suffer fools least gladly. They have been there and done that and are quick to spot the fast-talking phony who has not. That is why military personnel wear campaign and accomplishment ribbons on their uniforms-those brightly colored little strips, meaningless to civilians, provide a quick read to fellow warriors as to where you’ve been and what you’ve been through. It’s the equivalent of your military history displayed for your fellow warriors to see. Our current C-in-C hasn’t a single, earned ribbon.
And, brother, is it ever obvious….
Barry is nothing more than a”………………………..
Posted by Gunny G at Friday, June 24, 2011
via BLOGGER.GUNNY.G.1984(+): A Clueless, Callous Commander-in-Chief.
Sarah Palin: Commander in Chief’s Appalling Action with Our Troops
Sarah Palin: Commander in Chief’s Appalling Action with Our Troops
Sarah Palin: Commander in Chief’s Appalling Action with Our Troops
Sarah Palin’s Facebook Notes ^ | April 8, 2011 | Sarah Palin
Posted on Friday, April 08, 2011 1:44:51 PM by Virginia Ridgerunner
Yesterday the House passed H.R. 1363, which funds our Department of Defense and our military for the rest of the year at their current levels. It allows for the continuation of current military operations, which is pretty important when you’re fighting three wars. It also funds the government for another week and cuts $12 billion in wasteful spending. So why would the Commander in Chief declare that he will veto this? Why would he play politics at the expense of our troops who are putting everything on the line to protect us? Memo to the President: I doubt the insurgents will stop and wait for a government shutdown to end before resuming actions. You need to fund our troops, sir.
Like me, you might be asking yourself: Why on earth would he threaten to veto funding for the troops? What is his game plan? Basically, he’ll veto military funding because he wants the rest of the government funded too. And by the rest of the government, he means things like Harry Reid’s “Cowboy Poetry.” Essentially, he’s holding military funding hostage to NPR funding. This is a perfect analogy for what is wrong with this entire budget showdown. Our federal government has strayed so far from what is constitutionally mandated that they are blind to the fact that NPR funding is not a constitutional duty. Funding our military at a time of war is!
The Commander-in-Chief Bows Once Again
The Obama Administration’s penchant for ignoring the US Constitution is, once again, on display.
On several occasions here at IntellectualConservative, both as a poster to commentary and as an author of said commentary I have questioned the President’s allegiance to both the rule of law and the US Constitution. Just last week, the latest intentional disregard of that document was again on display for all to see.
March 17th of 2011, the UN Security Council passed Resolution 1973 demanding an immediate cease fire in Libya. The resolution also demanded that Col. Qadhafi relinquish all gains his Army had earned since they turned the tide on the revolutionaries in early March. The resolution went on to mandate the establishment of a “no-fly” zone over Libya to restrict Col. Qadhafi’s use of his air assets against the revolutionaries and his civilian population.
Since Barry Soetoro was inaugurated, I’ve documented his penchant for the disregarding laws he doesn’t like; along with his disturbing habit of using the Dept. of Justice to selectively enforce or decline to enforce duly enacted laws that conflict with his political ideology. Examples of such are legion, and not worth enumerating here once again. Suffice it to say that the evidence that our current Commander-in-Chief cares little for the US Constitution and even less for American citizens is overwhelming.
I’ll also state, for the record, that each time I’ve pointed out this person’s proclivity for simply ignoring stare decisis I’ve been set upon by progressive of posters on this site as some type of rabble rousing, extremist, revolutionary myself.
Now we have Barry’s ideological mindset on full display. Unlike his predecessor, President Bush sought and received both Congressional and Senatorial authorizations to act militarily in Iraq. Democrats eventually began to demand the impeachment of President Bush for acting under that authorization.
According to both the US Constitution and the 1973 War Powers Resolution the President has no authority to deploy armed forces to action abroad unless one of two conditions are met: He must either be able to prove the US is under direct attack or a serious threat of attack, or he must first obtain the authorization of the US Congress. The War Powers Resolution further requires the President to officially notify Congress of any commitment of military action………………………………….
A Clear and Present Danger To the Republic
…The President has publicly stated that he knows that Congress, not the President, is the seat of the constitutional war power. His public replacement of the Congress with the U.N. as authority for his presidential actions is a public statement that he has replaced the U.S. Constitution with the U.N. as the source of U.S. presidential authority; there is no other possible interpretation. Our President has here publicly yielded American sovereignty to the international body.
Some quibble that the President already has the power he is exercising in Libya as Commander in Chief. That responsibility provides him the power to defend the country when attacks precede the ability of Congress to act; it is defensive only. Libya neither threatened nor attacked the U.S. No honest argument can support any other conclusion from these facts….
Obama on Afghan War: “I’m Done doing This!”
Author Bob Woodward‘s sixteenth book is about to drop this coming Monday, and the excerpts that have been released are already causing an uproar. The Obama Administration had given Woodward exceedingly open access to documents and personnel, as well as the Commander in Chief, in hopes that Woodward would paint a sympathetic picture of our 44th President. It seems that they were wrong.The New York Times was able to obtain quotes from the book, and they are damning. The NYT suggests that the war in Afghanistan “divided” the Obama Administration and lead to arguments amongst the higher-ups.In the excerpts, President Obama himself erupts in anger over the Afghan war. When asked about sending in 4,500 more troops to save lives, the President erupted, yelling, “I’m done doing this!”
The President’s decision to end Afghan war in 2011 is also shown as a political move. Speaking about why he decided he cannot push back the 2011 withdrawal date, the President stated that he wanted to keep his liberal support. “I can’t let this be a war without end, and I can’t lose the whole Democratic Party,” the President said.
The anger does not stop at the top. In a heated conversation about Richard Holbrooke, the administration’s special representative to Afghanistan and Pakistan, Vice President Joe Biden called him “the most egotistical bastard I’ve ever met.”
Excerpt
Military Law Manual: Authority to order courts-martial resides with the Commander-in-Chief | The Post & Email
OFFICERS MIGHT BE PROSECUTORS, BUT THEIR AUTHORITY COMES FROM THE COMMANDER-IN-CHIEF
by Sharon Rondeau
Cover page of William Winthrop’s 1886 work, “Military Law and Precedents”Sept. 19, 2010 —William Winthrop was a colonel in the United States Army who wrote a treatise entitled Military Law and Precedents first published in 1880 as a compilation of JAG opinions. The second edition was published in 1920 but shows a copyright date of 1896.
The work has been called “The blackstone of military law.” The book was reissued in 2000 by Beard Books and is available from several vendors, including in Canada.Prior to his enlistment in the U.S. Army, Winthrop was a practicing attorney. His 1895 revised compendium acknowledged changes in “Army Regulation” and “statutory authority” and was used for “the instruction of the Cadets of the Military Academy” page 7.
The current publisher describes the work as follows:This comprehensive treatise details early military law, written and unwritten, and explains all of the intricacies of the courts martial process. Notable adjudications by civil courts and in military trials as well as the opinions of law officers are covered. Separate treatment is offered on the law of war and on the civil functions and relations of the military.
Has a Military Coup occurred? | The Post & Email
TREASON IS EVERYWHERE YOU LOOK
by Neil Turner
John Brown was accused, tried and convicted of treason against the Commonwealth of Virginia for attempting to lead a slave insurrection via a raid on the federal armory at Harpers Ferry, VA in 1859. He was found guilty of treason and hanged.Sept. 17, 2010 —
Backdoor Amnesty is upon us…disturbing news indeed. And petitioning Congress and the Administration simply gives legitimacy to an illegitimate Administration and a complicit – and therefore illegitimate – Congress.This breaking story by Kimberly Dvorak of the San Diego County Political Buzz Examiner concerning a third memo “leaked” inside the DHS confirms our worst fears.
Another act of Treason by the Treasoner-in-Chief and his complicit band of Czars, Justices, Judiciary, members of Congress and media moguls is about to befall us.
You may want to participate in the fund-raising and petitioning as Harry Reid and Nancy Pelosi introduce their treason-laced defense spending bill set to hit the Senate floor next week, but I believe that removing the Treasoner-in-Chief will have much more effect on stopping this nonsense that we are being hit with every day.
Recently, in a ruling by Army JAG Judge Denise Lind, our worst fears that a military coup has taken place have been confirmed. In a courts-martial pre-hearing concerning the demands of LTC Terry Lakin that the putative Commander- in-Chief must prove that he is a Constitutionally lawful CINC before anyone obeys any military orders, lest they themselves be charged with obeying an unlawful order,
Judge Lind stated that any and all orders now originate with the Pentagon and no longer with the Office of the civilian President and Commander-in-Chief.
Excerpt ~ CONTINUES…
THE CONSTITUTION LIMITS THE PRESIDENT EVEN AS “COMMANDER IN CHIEF” PART 1&2
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Dr. Edwin Vieira, Jr., Ph.D., J.D.
February 20, 2006
NewsWithViews.com
Amidst the flood of propaganda these days on behalf of what must be the most breathtaking expansion of Presidential power since Franklin Roosevelt‘s New Deal, especially glaring are the assertions of self-styled “conservative” media personalities that nothing is amiss, because: (i) the President is “Commander in Chief;” (ii) in that capacity he supposedly enjoys “inherent” power to take whatever actions he may deem necessary to protect this country from “terrorism;” (iii) assertion of this Presidential power is especially vital now, with this country engaged in a “war on terror;” and (iv) in any event, Congress has broadly authorized the President to use “force” in “the war on terror.” None of these contentions can withstand even cursory scrutiny.














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