The 10th
Amendment to the Constitution is brief, only 28 words, and should be perfectly
clear to anyone who reads it. It says, in effect, that the federal government
has no powers except those specifically granted to it by the Constitution. Yet,
the 10th Amendment has been violated more frequently by the
Executive Branch than any other. And of all the presidents who have violated
it, Barack Obama is the worst. He has said unabashedly that where Congress
fails to act, he will. And he has. Again and again he has legislated from the
White House, usurping powers specifically granted to Congress by the
Constitution.
Most egregious perhaps are the
changes the President made to ObamaCare, re-writing provisions of the law he
didn’t like. He got away with it, because a squabbling and divided Congress
proved powerless to stop him.
Most numerous have been his frequent
extra-constitutional executive orders. But in some cases, like the one leading
to amnesty for illegal immigrants, the court stepped in to prevent the
President from executing his unlawful orders.
Most insidious, though, are the regulations
issued by federal agencies with the force of law. The worst offender, in my
view, is the EPA, which has, among other abuses, interpreted the broad mandate
of the Clean Air Act to put the coal industry out of business.
One can hope that the next president
will put a stop to these violations and respect the balance of power our
Founders felt was so necessary to maintain an effective government responsible
to the people. In January Hillary Clinton or Donald Trump will take the oath to
protect and defend the Constitution of the United States. But do they intent to
respect the 10th Amendment? That would be a good question to ask the
candidates in the up-coming debates.
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