Mere law trumps constitution

[Dr.Who]

Imagine if you will that a president decided he wanted to sit in office for more than two terms. Could congress write a law saying that he could be President forever?

Of course you would tell me I am being ridiculous. Congress can't just write a law that contradicts the constitution. If they want to something like that then they have to make a constitutional amendment.

Well, the Presidents new jobs bill says:

"(A) WAIVER- A State’s receipt or use of Federal financial assistance for any program or activity of a State shall constitute a waiver of sovereign immunity, under the 11th Amendment to the Constitution or otherwise, to a suit brought by an employee or applicant for employment of that program or activity under this Act for a remedy authorized under Section 375(c) of this Act."

and

"(a) Abrogation of State Immunity- A State shall not be immune under the 11th Amendment to the Constitution from a suit brought in a Federal court of competent jurisdiction for a violation of this Act."

http://www.thenewamerican.com/usnews/constitution/9728-obama-jobs-bill-abolishes-eleventh-amendment


Basically the Presidents bill says that if the states want to get federal money then the 11th amendment does not count.

What kind of craziness is that? We always knew that the President did not have a high regard for the constitution but to so blatantly just decide that he could legislate away any parts that he did not like....

Once that precedent were set, once it were done once, well then what other parts of the constitution could just be ignored at will with laws that said it could be ignored? Answer: all of it.

 

[dogtowner]

I keep wondering when either Congress or the SCOTUS will just say no.

 

[Pandora]

Even people who love obama should be worried by this. One day it will be a president they do not like having that same power.

 

[Dr.Who]

Even people who love obama should be worried by this. One day it will be a president they do not like having that same power.

So knowing that the twelfth amendment reads:

TWELFTH AMENDMENT
ELECTION OF PRESIDENT
The Electors shall meet in their respective states, and vote
by ballot for President and Vice-President, one of whom, at
least, shall not be an inhabitant of the same state with themselves...

President Newt could write a bill stating

" (A) Abrogation: The President will be chosen according to the electoral college excepting when said electoral votes result in a candidate not from the state of Pennsylvania, city of Hummelstown."

He would of course tack the bill onto the last page of a "feed the children bill" enacted on Christmas Eve passed along party lines by a margin of 60 - 39. Three of his own Republican party senators would have been offered the entire sum of all funds in the feed the children bill amounting to a total of 6.3 billion dollars. It would be only the second time the senate ever met on Christmas Eve since 1895.

 

[Pandora]

So knowing that the twelfth amendment reads:

TWELFTH AMENDMENT
ELECTION OF PRESIDENT
The Electors shall meet in their respective states, and vote
by ballot for President and Vice-President, one of whom, at
least, shall not be an inhabitant of the same state with themselves...

President Newt could write a bill stating

" (A) Abrogation: The President will be chosen according to the electoral college excepting when said electoral votes result in a candidate not from the state of Pennsylvania, city of Hummelstown."

He would of course tack the bill onto the last page of a "feed the children bill" enacted on Christmas Eve passed along party lines by a margin of 60 - 39. Three of his own Republican party senators would have been offered the entire sum of all funds in the feed the children bill amounting to a total of 6.3 billion dollars. It would be only the second time the senate ever met on Christmas Eve since 1895.

I guess they think they will cross that bridge when they get to it. Except sometimes it comes back to bite them in their bottom, Like Mass when they wanted to make sure That Kerry's seat was filled with a democrat should he win the presidency so they changed the laws to fit them and after Kennedy knew he would die he wanted to change the laws back to the way they were before. It bit them then and if the dems are not careful these bad choices will bite us all!