EnduringSense

“The price of apathy towards public affairs is to be ruled by evil men.” Plato

  • Daily Quote:

    Political language... is designed to make lies sound truthful and murder respectable, and to give an appearance of solidity to pure wind.

    George Orwell

  • Enter your email address to subscribe to this blog and receive notifications of new posts by email.

    Join 91 other followers

  • Subscribe

Posts Tagged ‘Unconstitutional’

Emperor Obama Called Out by Jon Stewart

Posted by Steve Markowitz on November 21, 2014

There was a time when the mainstream news media and comedians gave Barack Obama a pass from the scrutiny typically laid on our presidents by them.  That has long past, at least with comedians.

Last night President Obama, through executive action, modified America’s immigration laws even though he does not have the constitutional authority to do so.  Making matters worse, prior to taking this action Obama publicly admitted that as president he did not have the authority to modify laws.  Last night’s presidential action was not lost on Jon Stewart, who through comedy, excoriated the President not only on the illegal executive action, but also Obama’s about-face on its legality.  In the video below, Stewart concludes:

“Basically all it took is one bad midterm term election to make Obama go from this …[Video clip of Obama saying: ‘I’m not the Emperor of United States’ tooooo this: ‘good to be the king’”.

Posted in President Obama | Tagged: , , , , , | Leave a Comment »

Massachusetts’ Buffer Law Rebuked by the Supreme Court

Posted by Steve Markowitz on July 4, 2014

A Massachusetts law barred citizens from protesting within 35 feet of abortion clinics in the State.  The Supreme Court has appropriately struck down this law as it clearly violated the First Amendment (free-speech) of the Constitution.  It is telling that Supreme Court acted unanimously with even its four liberal members including three women finding the law unconstitutional.

It is bad enough that Massachusetts made an unconstitutional law clearly to inhibit free speech.  However, the reaction to the ruling from some on the left in the Bay State is just in trouble.  Its Atty. Gen. Martha Coakley has responded saying that “this fight is just beginning again” and went on to wine about the court saying “from the beginning was hostile.”  Massachusetts Democratic Atty. Gen. candidate called the ruling “unconscionable” and wined that it would “deny a few seconds of privacy to women going to see their doctors.”

It is very troubling that two lawyers, one who is the Massachusetts Attorney General and another who would hold that position, know so little about the Constitution, or conversely have such disdain for it.  The right to free speech is as the US Supreme Court ruled, “but the prime objective of the First Amendment is not efficiency.”

Is becoming more evident by their actions that some Progressives on the Left believe that their political views and special interests even trump the most basic rights guaranteed to American citizens in the Constitution.  This is quite scary and is morphing into a form of fascism.  President Obama is a card-carrying member of this dangerous political club.

Posted in Abortion, Radical Left | Tagged: , , , , , | Leave a Comment »

California Judge Rejects Teacher Tenure

Posted by Steve Markowitz on June 23, 2014

California Superior Court Judge Rolf M. Treu made a ruling with broad implications for the education system, teachers and society.  The ruling found that teacher tenure violated the State Constitutional civil rights by not offering poor inner-city students equal opportunity for a quality education.  In essence, the Judge found that tenure protected teachers at the expense of damaging the quality of education in inner-cities stating:

Substantial evidence presented makes it clear to this court that the challenged statutes disproportionately affect poor and/or minority students.”

“The evidence is compelling.  Indeed, it shocks the conscience.”

Judge Treu specifically criticized California’s inability to fire incompetent teachers stating:  “All sides to this litigation agree that competent teachers are a critical, if not the most important, component of success of a child’s in-school educational experience,” and “there is also no dispute that there are a significant number of grossly ineffective teachers currently active in California classrooms.”

The negative reaction from teachers’ unions was immediate with California Federation of Teachers president saying:  “We believe the judge fell victim to the anti-union, anti-teacher rhetoric and one of America’s finest corporate law firms that set out to scapegoat teachers for the real problems that exist in public education.  There are real problems in our schools, but this decision in no way helps us move the ball forward.”

This is a typical unionists/leftist response, attacking the opposition’s integrity.  To accept that there are “real problems” in America’s schools and exonerating teachers unions and their parochial interests from any part of the problem defies logic.  The union’s real intent is clear; protect its members irrespective of the needs of greater society.

Tenure in the educational field came into existence to protect teachers with dissenting views from being harassed or fired.  Tenure was therefore not for the protection of teachers, who currently in California received ten-year after 18 months of service, but instead for the protection of freely expressed knowledge and its related discourse.  The result of tenure, however, has been much different.  Not only has it helped incompetent teachers retain jobs, but it has not broaden political views within educational institutions with teaching positions, especially in universities, controlled by the Progressives.

With the decline of many American schools and the poor results graduates have performed in standardized test, the debate about tenure will continue to grow.  There can be no more of a justification for teachers’ tenure for job protection than for any other American worker.

In recent decades the judicial system has become activist, inflicting Progressive dogma on society.  That activism is now coming full circle with more conservative judges becoming willing to use judicial power to change society.  The implications of this activist court are no more dangerous today than they were decades ago.  To my friends on the Left, I say what goes around comes around.

Posted in Education | Tagged: , , , , , , | Leave a Comment »

Obama Appointments Ruled Unconstitutional

Posted by Steve Markowitz on January 25, 2013

On January 4, 2012 President Obama made three “recess appointments” to the NLRB (National Labor Relations Board).  Through recess appointments the President bypassed the Senate, who by law must approve them.  This tactic was employed so that the President could stuff the NLRB with a pro-labor union board, in this case union lawyer Richard Griffin, Democrat pro-union Sharon Block and Republican Terence Flynn.  (Flynn left the board prior to the end of 2012.)

The Wall Street Journal reported that a federal appeals court today ruled Obama’s actions Unconstitutional.  The court went further, indicating that as a result, the NLRB lacked the required quorum in making various rulings and decisions bringing into question their legitimacy and validity.

It is not surprising that Obama’s actions were found Unconstitutional.  This President flaunts the Constitution as he makes mandates and executive orders at an accelerating rate on all sorts of issues.  If indeed Obama is an expert on Constitutional law, as so often promoted by the mainstream media, then his actions are not only troubling, but scary.

Posted in President Obama, Unions | Tagged: , , , , , , , , | Leave a Comment »

Appellate Court Rules Key Part of ObamaCare Unconstitutional

Posted by Steve Markowitz on August 13, 2011

The 11th Circuit Appellate Court in Atlanta Georgia yesterday ruled that the individual mandate portion in Obamcare, the part that forces citizens to buy health insurance, is unconstitutional.  Now it’s on to the Supreme Court for the final say on this matter.

The Constitutionality of a law is not of great concern to Progressives like Barack Obama.  To them, the Constitution is but a document used on to further their own Leftist agendas.  This is diametrically opposed to the goals of our Founding Fathers who wrote the Contribution to protect the people from intrusive government by limiting that government’s power.  It is ironic that Obama, a Constitutional scholar, is ignorant of this reality.

Posted in Constitution, Obamacare | Tagged: , , , , , , , | 2 Comments »

New York Federal Judge Rules ObamaCare Unconstitutional

Posted by Steve Markowitz on January 31, 2011

A Florida Federal Court ruled that the provision in ObamaCare mandating that nearly all Americans obtain health insurance is unconstitutional.  While this joins an earlier decision in a Virginian federal court, it goes even further ruling that the entire health care overhaul bill was void because of this one provision.

With a growing consensus, legal scholars are finding the key provision of ObamaCare unconstitutional.  This is a positive step that will ultimately insure that what would become a huge entitlement and cost to the Country will never be implemented.  At the same time it is another indicator of the disdain that the Left has for the Constitution.  Spearheaded by the President, a Constitutional scholar, the Progressives spent a year of debate pushing through a law that they knew or should have known was unconstitutional.  What arrogance!

Posted in Obamacare | Tagged: , , , , | 3 Comments »