A Crack in the Facade

For months now, bloggers have been pointing to the deeds of Obama and his tools in Congress and shouting ” FOUL!” over the clearly unconstitutional behavior. The mainstream media have mostly ignored it all. Those in power seem close ranks and refuse to say the clear truth. 

Today someone with a major presence in the media has actually said the words and pointed a finger at it all. Today in the New York Post, George Will, not always the most stalwart of conservatives has dared to point out that the stimulus bill, built on a history of unconstitutional legislative actions is itself unconstitutional.

It is high time Americans heard an argument that might turn a vague national uneasiness into a vivid awareness of something going very wrong. The argument is that the Emergency Economic Stabilization Act of 2008 (EESA) is unconstitutional.

He discusses the history of legislative delegation of powers to the executive, a history which has seldom been challenged. 

The big question now is will anyone with standing be willing to make the challenge and bring this case to court. In order for anything to be heard, a party must be recognized to ‘have standing’ to bring the issue before the Supreme Court of the United States. It seems to me that any of the several state governors who have challenged the  legality of federal money bypassing their authority should have such standing. Perhaps Gov. Mark Sanford of South Carolina will decide that it is time that Congressman James Clyburn be told he is a state representative to the DC government. He has no roll in state government, and has no authority to designate or describe how the state spends funds. 

Perhaps we may just have an opportunity here. Precedent and history are not in our favor. The Supreme Court refused to slap FDR’s hands when he took such steps. But, with the massive scope of this power shift, coupled with the makeup of the Roberts court, the Constitution may just have a chance. We can only wait and see.

Keep the Faith!

The Rev.