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THOUGHT MUST PRECEDE ACTION
PART 3 of 3

 

By Dr. Edwin Vieira, Jr., Ph.D., J.D.
June 23, 2013

NewsWithViews.com

If the entirety of Congress would do nothing to investigate Mr. Obama’s ineligibility in 2008 and 2012—which would have solved the problem at the outset, one way or the other—what percentage in the House will now support his impeachment, and what percentage in the Senate will support his conviction? In the light of this history, does zero percent seem too pessimistic a prognostication to be plausible?

Moreover, would such cowardly Congressmen dare, at this late date, to wrench open the lid on that Pandora’s Box? Who can possibly estimate how much damage has been done to the body politic by suffering this septic sore to fester for so long? Or how much damage will have to be endured in the future once the infected tissue is finally lanced and the pus drained away? If Mr. Obama is in fact not eligible for “the Office of President” because he is not “a natural born Citizen”, then all of his actions in that pretended status have been null and void ab initio, and now will need to be set aside, with whatever complex, costly, and perhaps calamitous consequences must inevitably follow. For such a disaster, every Member of Congress from 2008 to today would be personally responsible, because each and every one of them has been complicitous in preventing an investigation of Mr. Obama’s reputed ineligibility. Qui potest et debet vetare tacens iubet.

(b) Consider the remedy of a criminal prosecution. Unless Congress were to appoint a special prosecutor, which is as unlikely as impeachment for the same reasons, any criminal investigation would be conducted by Mr. Obama’s own cronies in the Department of Justice. Inasmuch as Attorney General Eric Holder has experienced no crisis of conscience to deter him from supplying absurd legalistic apologies for Mr. Obama’s on-going program of “official assassinations”, he should hardly be expected to shrink from defending Mr. Obama’s eligibility to commit those acts.

(c) Consider the remedy of quo warranto. The statute cited above requires either that the Attorney General of the United States institute a proceeding “on his own motion or on the relation of a third person”, or that if the Attorney General refuses to institute a proceeding the United States District Court for the District of Columbia grant leave for “the interested person” to prosecute a civil action in the name of the United States. Obviously, the present Attorney General will no more institute a proceeding in quo warranto than he will investigate a criminal charge against Mr. Obama. And, having stifled every inquiry by all sorts of plaintiffs into Mr. Obama’s ineligibility to date, the Judiciary can hardly be depended upon to take the initiative—along with the inevitable political heat—now, after immense and possibly irreparable injury has been done to this country, to a large extent because of the Judiciary’s own prior poltroonish defaults.

(d) Consider the remedy of honest public officials’ unwillingness to cooperate with Mr. Obama on the ground of his arguable ineligibility for “the Office of President”. Mr. Obama may reside in pharaonic pomp behind the All-Seeing Eye in the Great Pyramid of Chaos in the Disgrace of Columbia—but he can accomplish nothing whatsoever without the prosaic day-to-day cooperation (or collusion, if you will) of tens of thousands of underlings in the General Government’s civil bureaucracy and Armed Forces. Is it possible to conceive of a tacit rebellion in these ranks, if not inspired by the pangs of conscience then driven by the goad of self-interest—a rebellion which would manifest itself in those underlings’ continued performance of their mundane duties, but their refusal to participate in any constitutionally questionable activity (to use the phrase familiar to any union member, “working to rule”)?

In principle, this is not a possibility so implausible as to be dismissed out of hand, because (as pointed out above) “all executive * * * Officers * * * of the United States * * * shall be bound by Oath or Affirmation, to support th[e] Constitution”—and therefore they should always consult the Constitution before they render blind obedience to anyone, especially an individual who claims to be “the President”, but whose arguable ineligibility for that “Office” has become a matter of national, and even international, notoriety. In practice, though, could any important, let alone large, segment of the contemporary bureaucracy be expected to take this legally scrupulous tack? Unfortunately, no. For here, Mr. Williams is brutally insightful: “The list of usurpations and administration crimes would require an encyclopedia to fully chronicle at this late stage. Recent breaking news of massive violations of American[s’] constitutional rights by nearly every federal agency which Obama has turned against the people of the United States eliminates any possibility that these events are just independent agency coincidences.” That is, the complicity of the bureaucracy is well-nigh complete. And although a few prominent “whistleblowers” can expose the pervasiveness of the rot, they will surely prove insufficient to overcome it.

No more is relief likely to be had at the hands of high-level personages in the Armed Forces. Except when it comes to convening a drumhead court-martial in order to convict an officer with the courage to question Mr. Obama’s eligibility—such as Lieutenant Colonel Terrence Lakin—these people are proving to be “rubber lions” indeed. None of them seems to be capable of discerning the danger, not just to this country but to themselves personally as well, of their remaining under the command of an individual impersonating “the President”—namely, that if such an individual will violate the Constitution with respect to both his eligibility for that “Office” and the veracity of the “Oath or Affirmation” required of him as “the President”, what grotesquely unconstitutional orders will he hand down in his pretended capacity of “Commander in Chief of the Army and Navy of the United States” in order to maintain his power when he finds himself backed into a corner? This self-inflicted blindness is incredible, because the officer corps’ own self-interest, and even self-preservation, is at stake—inasmuch as Mr. Obama as the Armed Forces’ putative “Commander in Chief” might himself “pull the nuclear trigger”, or order them to pull it, with what devastating consequences can easily be imagined. Moreover, the officer corps’ own self-respect is at stake—inasmuch as Mr. Obama claims as “the President” a license to assassinate people anywhere in the world without any judicial process, and to call upon the Armed Forces to assist him in these homicidal ventures. See my NewsWithViews commentaries entitled “Where Is the Outrage?” (9 April 2012) and “Death Squads” (14 December 2010). Although no one should ever desire an actual revolt within the officer corps—for the simple reason that “government by junta” or even by the threat of a junta or golpe is utterly incompatible with a free society—one or two well publicized resignations by outspoken officers in high positions would go far towards making “Duty, Honor, Country” more than a mere slogan. Apparently, however, this is too much to expect, if it is not too much to ask.

Inasmuch as Mr. Obama’s policy of “official assassinations” evokes a direct parallel to no less than Adolf Hitler, every thinking American who imagines that the Armed Forces will come to this country’s rescue would do well to peruse, for example, John W. Wheeler-Bennett, The Nemesis of Power: The German Army in Politics 1918-1945 (London, England: Macmillan and Company Limited, 1964). This book sets out some crucial historical lessons that confirm the wisdom of America’s Founding Fathers’ profound distrust of all “standing armies”—namely, that in the long run no country can rely upon professional “standing armies” to preserve its freedom from usurpers and tyrants; but that such establishments can be expected to aid and abet, or at least to countenance, and certainly not to challenge, a central government’s steady accretion, concentration, and ultimately abuse of power.

(e) Consider the remedy of “interposition”, under which rubric the States can reassert the sovereignty they have reserved pursuant to the Tenth Amendment to the Constitution. If any situations can justify “interposition”, the usurpation of “the Office of President” by an individual constitutionally ineligible for that “Office” must surely appear near the very top of the list. Nonetheless, the States’ Governors, the States’ legislators, and the States’ judges have done nothing, except to remain silent themselves or to suppress others’ inquiries into the matter.

(f) If all of the foregoing were not depressing enough, Americans find themselves inundated, especially on the Internet, with the strident warnings of lay preachers, divines, and assorted prophets and gurus that this country is fast losing, or even has already irretrievably lost, the decisive spiritual battles to the Demonic Forces of Darkness. Perhaps, then, the necessary remedy is a national exorcism!

(g) Patriotic Americans should remember, though, that it is always darkest before the dawn; that God helps those who help themselves; and that (in the words of Algernon Sidney) “[h]e that has virtue and power to save a people, can never want a right of doing it”—and, one must presume, will always be capable of fashioning some remedy to effectuate that right. What Mr. Williams calls “the crisis known as Obama” goes far beyond a lone individual in the Disgrace of Columbia. And it will not be overcome by the relatively few other individuals in Congress, in the Judiciary, in the General Government’s bureaucracy, in the States’ governments, or in the high commands of the Armed Forces—even if most of them were not consciously complicitous in the crisis or otherwise hopelessly compromised or confused. Instead, America must start what will prove to be an Herculean cleansing of her political stables “from the bottom up”, with her own people wielding the shovels. Not necessarily all of her people. Not necessarily even a majority of her people at first. Rather, America must identify, mobilize, organize, and put into the field those whom the Declaration of Independence denoted “the good People”. The people who desired the Colonies “to be Free and Independent States”, even in the face of resistance from domestic “loyalists” who were willing to support “the present King of Great Britain” in his “history of repeated injuries and usurpations, all having in direct object the establishment of an absolute Tyranny over these States”.

The people whom its Preamble identified as having “ordain[ed] and established this Constitution”. And, today, the people who recognize the impossibility of resolving the underlying political, social, and cultural corruptions which have spawned “the crisis known as Obama” through any means less comprehensive than the people’s own direct involvement.

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And just what sort of “involvement” is that? I could offer a suggestion—although it would actually not be my own original suggestion, but instead the imperative the Constitution sets out in its most important thirteen words. Rather than supply Mr. Williams with my answer and risk being taken to task by him once again, though, I shall encourage him to search out these words for himself (perhaps in my forthcoming book, Thirteen Words), and report his findings back to the readers of NewsWithViews. When he does, I shall be among the first to agree with him that “[i]t’s time for the debate to end and action to begin”.

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Edwin Vieira, Jr., holds four degrees from Harvard: A.B. (Harvard College), A.M. and Ph.D. (Harvard Graduate School of Arts and Sciences), and J.D. (Harvard Law School).

For more than thirty years he has practiced law, with emphasis on constitutional issues. In the Supreme Court of the United States he successfully argued or briefed the cases leading to the landmark decisions Abood v. Detroit Board of Education, Chicago Teachers Union v. Hudson, and Communications Workers of America v. Beck, which established constitutional and statutory limitations on the uses to which labor unions, in both the private and the public sectors, may apply fees extracted from nonunion workers as a condition of their employment.

He has written numerous monographs and articles in scholarly journals, and lectured throughout the county. His most recent work on money and banking is the two-volume Pieces of Eight: The Monetary Powers and Disabilities of the United States Constitution (2002), the most comprehensive study in existence of American monetary law and history viewed from a constitutional perspective. www.piecesofeight.us

He is also the co-author (under a nom de plume) of the political novel CRA$HMAKER: A Federal Affaire (2000), a not-so-fictional story of an engineered crash of the Federal Reserve System, and the political upheaval it causes. www.crashmaker.com

His latest book is: "How To Dethrone the Imperial Judiciary" ... and Constitutional "Homeland Security," Volume One, The Nation in Arms...

He can be reached at his new address:
52 Stonegate Court
Front Royal, VA 22630.

E-Mail: Not available


 

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Recently, Mr. J.B. Williams published a commentary on NewsWithViews entitled “Can Obama Be Impeached?” Normally, I would not interject myself into matters other commentators address; but, in this case, Mr. Williams saw fit to refer to me by name, which prompts this response.