The Right Opinion

Professor Obama and the Constitution

By William Murchison · Dec. 4, 2012

Remind me – what was the college course Barack Obama used to teach? Constitutional law? Or was it “Machiavelli for Beginners”? If it was the former, did it cover the American system of checks and balances and separation of powers? Did it dip, however briefly, into the dangers that the founding fathers wished to forfend, such as accumulation of unchecked power in a single governmental branch? Or in a single man?

If the course taught by the future President Obama tended to evade such considerations, and instead to emphasize princecraft, the art of prevarication and the hidden dagger – yeah, it shows; more and more dismayingly all the time.

Semi-buried in the White House's fiscal-cliff-avoidance offer to the Republicans last week was a pernicious proposal giving him executive authority to raise the debt ceiling without consent of Congress. Senate Republican leader Mitch McConnell reportedly laughed at the proposal as a whole. He might better have wept. A president bent on usurpation is in the end no laughing matter.

Obama, who seems to see himself as God's gift to the American people, has a track record here. He rammed Obamacare through Congress without a single Republican vote or concession to his critics. He brushes off (and the mainstream media generally lets him get by with brushing off) intellectual and philosophical pushback. He draws himself up, acts offended, goes back to saying the things he was saying previously, as with the current debate over taxing “millionaires and billionaires” versus addressing the problem of gross overspending by the federal government. It's hard, is it not, to argue with a man who's always right?

Now, the debt ceiling ploy. Obama won't get from a Republican House of Representatives –though our Democratic Senate is another matter – the authority he proposes to wield In Behalf of Us All. Maybe he sees the proposal as a throwaway line - catnip for people he doesn't like or trust to begin with. Why, in any case, allow him power he presently lacks to decide how much money the country can borrow, subject only to explicit veto by Congress (a doubtful prospect indeed when your party leaders line up behind you, zombie-like, in preference to admitting that Republicans might find something intelligent to say)?

Franklin Roosevelt had similar intimations of infallibility, which came to naught after he tried to “pack” the Supreme Court with pro-New Deal justices and thus win general approval of his whole program to make over the government. The founding fathers had foreseen such eventualities. They knew human nature, and humans love of power. The Constitution that Professor Obama once received a salary to teach was a document bristling with all kinds of internal barriers and protections against the concentration of power. “A” could do what “B” couldn't; “C” had still other functions. The three were obliged to work together. Obama strains continually against these cords: hoping his rhetorical abilities will scare the daylights out of opponents and naysayers.

This brings up a corollary point. Are the voters and the media – in 21st-century speak – his enablers? That's to say, didn't we put him where he is? Don't we share some responsibility for his policies and behavior? And can't we, not to mention, shouldn't we, speak out against and contradict actions with the potential of undermining constitutional liberties and the country's economic integrity, such as it is?

A president who once taught the Constitution should be expected to think every now and then about the constitutional obligations – the human restraints – that rightly come with power-sharing. On the other hand, if “Machiavelli for Beginners” was in fact his curricular subtitle, ex-Professor Obama might think a little about what comes with upsetting the people, making them fearful and angry and desirous of throwing him out.

From “The Prince,” Chapter 19: “[C]oncerning his subjects, when affairs outside are disturbed he has only to fear that they will conspire secretly, from which a prince can easily secure himself by … keeping the people satisfied with him, which it is most necessary for him to accomplish.”



wjm in Colorado said:

The man is on a mission to destroy the country, and in the chaos and crisis, declare himself king or monarch or dictator, and rule. He means to rule a Socialist Marxist Statist Tryanical Post Constitutional United Socialist States of America. I hope the jihadis, or someone, takes him out soon.......

Tuesday, December 4, 2012 at 10:29 AM

Tad Petrie in Westerville, OH said:

Since becoming Speaker of The House, John Boehner has proven over and over that he is a COWARD. The President has committed multiple offenses worthy of impeachment and Boehner has done NOTHING about it! Looking at the current make up of Congress, Boehner has more than enough votes in the House to ensure getting an indictment against the President. Just going by numbers in the Senate, if the vote for conviction during the trial phase goes along party lines, the President would not be convicted. Unless of course there were Democrat Senators who would break ranks and vote for conviction; we just do not know until the votes are cast. But any impeachment proceedings have to have the support of the Speaker and John Boehner is simply too much of a COWARD to be the Speaker in the history books who impeached the first black President of The United States! Although I seem to remember that, people have been calling Bill Clinton the first black President of The United States for years! So rather than do the RIGHT thing, Boehner continues to do the EXPEDIENT thing, and in the process allow the President of The United States to break the law at will! What is incomprehensible to me is that no one seems to be particularly concerned about it!

Tuesday, December 4, 2012 at 11:49 AM

Infidel in Missouri replied:

100,000 protest outside presidential palace over power grab in Cairo. We all sit in the comfort of our homes and wring our hands over the power grab taking place in our own country. When are we going to start DOING something about it???

I absolutely agree with Tad. Obama should be impeached over the obvious power grabs which explicitely defy Constitutional authority. When are we going to start DOING something about it???

Tuesday, December 4, 2012 at 2:49 PM

Old Desert Rat in Las Vegas, NV said:

Excellent column. I am dismayed at the trend in Washington. I voted for Romney. That didn't work. I helped elect a Rep. senator for NV. That evidently is not going to help. Obama is so far away from the letter and the intent of the Constitution we may never recover. What do ordinary citizens do now???

Tuesday, December 4, 2012 at 1:29 PM

Eleanor in AK said:

The whole purpose of studying the Constitution is to identify ways to get around the limits. Have you read any of the Obama Executive Orders? On the surface they are policies to direct the Cabinet and government employees. Who is the Commander in Chief? How large is the military? Read and weep.

Wednesday, December 5, 2012 at 10:09 PM