Wednesday, September 3, 2014

Law Enforcer not Lawmaker

By:  Dale Weckbacher

Leviticus 16:29-30
29 "This shall be a statute forever for you: In the seventh month, on the tenth day of the month, you shall afflict your souls, and do no work at all, whether a native of your own country or a stranger who dwells among you. 30 For on that day the priest shall make atonement for you, to cleanse you that you may be clean from all your sins before the LORD.
NKJV

The Day of Atonement or Yom Kippur is one of the most important observances in Israel.  Leviticus 16 explains all of the priestly requirements for this observance.  In Israel’s history when they had a Temple or Tabernacle, they would offer up animal sacrifices to atone for their sins.  These sacrifices however, did not actually atone for their sins but were a sign pointing forward to when Messiah, Jesus Christ would make the ultimate eternal blood sacrifice for the sins of mankind (Hebrews 10:11-12).  Jesus sits at the right hand of God instead of continually standing in the presence of God because as He said on the Cross “It is finished.”  (John 19:30)  Every person, Gentile or Jew, is in need of atonement (Romans 3:23) but today, this does not require making annual sacrifices for sins but only that we accept Jesus free gift of salvation (Romans 10:9-10). 

Failure to adhere to the Day of Atonement in Israel meant that the nation’s sins would go unatoned.  This would mean that the citizens of Israel and foreigners living in the land would risk dying in their sins.  An individual dying in their sins faced eternity separated from God.  This is why even today, the observance of Yon Kippur is an extremely important day in Israel. 

The immigration laws in the United States may not carry an eternal death penalty like failing to observe Yom Kippur does but in a nation governed by the rule of law, there are penalties for breaking the nation’s laws and in order to maintain an orderly society, these laws must be enforced.  However, the Obama administration has been negligent in its duty to enforce the nation’s laws. 

The President of the United States is the nation’s chief executive.  (1)  According to Merriam Webster’s dictionary an executive of a nation is "responsible for making sure laws are carried out and for managing the affairs of a nation.”  (2)  The President is not the one making laws for the constitution in making the President the nation’s chief executive limits his powers to enforcing the laws passed by the Legislature. 

Current immigration laws in the United States were passed by Congress and signed by the President.  The fact that President Obama is not the President that signed the laws means nothing for when he took office he promised to uphold and defend the Constitution of the United States, which includes enforcing all the constitutionally passed laws of the nation.  By vowing not to enforce the immigration laws of the United States through the granting executive amnesty to those illegally in the country, President Obama is playing the role of lawmaker and neglecting his constitutional duty as law enforcer. 

Unfortunately, immigration is not the only instance where President Obama has failed to be the enforcer of the nation’s laws.  Numerous times President Obama has changed the time for implementation of mandates specifically mentioned in Obamacare.  (3)  When Congress passes legislation, the President has a duty to enforce every part of the legislation.  Any changes must occur in the legislature and then be signed by the president. 

Congress can and should impeach President Obama for the commission of “High crimes and misdemeanors.”  However, there is disagreement over what constitutes a high crime or misdemeanor.  In order to understand its constitutional definition, we must interpret it using the viewpoint of the authors of the constitution. 

To the authors of the constitution the word high did not mean more serious but crimes applying to persons holding high office, such as the President of the United States.  They held persons holding high office to a higher standard.  As such, activities of persons holding high office not viewed as criminal for the ordinary person can constitute a high crime or misdemeanor for a person holding high office.  (4)

Since the President takes an oath to defend and uphold the Constitution, failure to fulfill his or her constitutional duty to enforce laws passed by the legislative branch constitutes a high crime and is thus an impeachable offence.  However, the U.S. House of Representatives initiates the impeachment process and since the Majority Leader of the House has taken impeachment off the table (5), and since the House continues to fund Obamacare (6), we will most likely spend the remainder of Obama’s term in office dealing with Obama’s dereliction of constitutional duty. 

The United States is a nation of laws and violation of the nation’s laws carries with it a penalty.  For the President of the United States, the Constitution has a penalty of impeachment.  However, when the legislature fails to have the spine to impeach the President, the people must impeach the President by electing a legislature that will obstruct any plans the President has and by electing a new president in 2016 that vows to follow the Constitution and enforce the laws of the nation. 

The United States, unlike Israel, does not have a Day of Atonement or Yom Kippur but we do have a constitution.  The occupant of the highest office of the land, the President of the United States, must be held accountable for his or her activities while holding office.  When they fail to fulfill their duties, they face the threat of impeachment just as we face a speeding ticket if we choose to drive over the speed limit.  However, if the legislature fails to impeach, the voters must turn these holders of high office out of office.  This is our mission in the upcoming elections. 

1. Hillsdale College. The Constitution of the United States of America. [book auth.] Hillsdale College. The U.S. Constitution: A Reader. Hillsdale MI : Hillsdale College Press, 2012.

2. Merriam Webster Dictionary. Executive. www.merriam-webster.com. [Online] Encyclopedia Britannica Company. [Cited: September 1, 2014.] http://www.merriam-webster.com/dictionary/executive.

3. Levine, David Nather and Susan. A brief history of Obamacare delays. www.politico.com. [Online] Politico, March 25, 2014. [Cited: September 1, 2014.] http://www.politico.com/story/2014/03/obamacare-affordable-care-act-105036.html.

4. Roland, Jon. Meaning of "High Crimes and Misdemeanors". www.constitution.org. [Online] Constitution Society. [Cited: September 2, 2014.] http://www.constitution.org/cmt/high_crimes.htm.

5. Lee, Tony. HOUSE MAJORITY LEADER KEVIN MCCARTHY: IMPEACHMENT OFF THE TABLE. www.breitbart.com. [Online] Breitbart News, August 14, 2014. [Cited: September 1, 2014.] http://www.breitbart.com/Big-Government/2014/08/14/House-Maj-Leader-McCarthy-Impeachment-Off-the-Table.

6. Book, Doug. Cowardly House Republicans refuse to defund ObamaCare. www.westernjournalism.com. [Online] Western Journalism, July 30, 2012. [Cited: September 1, 2014.] http://www.westernjournalism.com/cowardly-house-republicans-refuse-to-defund-obamacare/.

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