There is no restraint, no constraint, no boundary on what a president can do when and if words fail to provide such constraints. When a president uses words to mean things they do not in fact mean, that is, when he uses bald-faced lies as justifications for his actions, then any so-called law can be issued by a president. He can do anything by declaring that the situation demands it, even if it doesn’t. At that point, words mean nothing of what their conventional content gives them. They become what authority says they mean. At that point, we are in an Alice in Wonderland world.
Alice is talking with Humpty Dumpty:
“‘When I use a word,’ Humpty Dumpty said, in rather a scornful tone, ‘it means just what I choose it to mean — neither more nor less.’Who is master, the word or its user, in this case Humpty Dumpty? Humpty tells Alice he’s the master.
“‘The question is,’ said Alice, ‘whether you can make words mean so many different things.’
“‘The question is,’ said Humpty Dumpty, ‘which is to be master — that’s all.’”
Obama is now the master. Here is Humpty Dumpty Obama speaking. Obama issued an executive order that says:
“I, BARACK OBAMA, President of the United States of America, find that the actions and policies of persons — including persons who have asserted governmental authority in the Crimean region without the authorization of the Government of Ukraine — that undermine democratic processes and institutions in Ukraine; threaten its peace, security, stability, sovereignty, and territorial integrity; and contribute to the misappropriation of its assets, constitute an unusual and extraordinary threat to the national security and foreign policy of the United States, and I hereby declare a national emergency to deal with that threat. I hereby order:”
What national emergency? There isn’t any. I defy anyone to prove that there is an actual national emergency because of relations between Crimea and Ukraine. Obama finds “an unusual and extraordinary threat to the national security and foreign policy of the United States…” What threat? I defy anyone to prove that there is a threat to the security of Americans arising from Crimea’s relations with Ukraine.
What danger is there to Americans if Crimea holds a referendum? What danger if it decides to alter its political relations with Ukraine and Russia? What actually is the “Government of Ukraine” of which Obama speaks? What are its democratic processes being undermined? How can a vote in Crimea cause an emergency to Americans? How can such a vote cause an emergency to Americans while riots in the streets, snipers and thugs can cause a change in government in Ukraine and that is no cause for Obama to declare an emergency, indeed that becomes a cause for approval?
In Obama’s dictionary, if he thinks something has happened in Crimea having to do with its government that another government (in Ukraine) has not authorized, then this constitutes “an unusual and extraordinary threat to the national security and foreign policy of the United States…” This constitutes an “emergency”.
If the foreign policy of the United States is unlawful to begin with and if it is thwarted by Crimeans or a Crimean vote to separate from Ukraine, does that give rise to a threat to the foreign policy of the U.S.? Even if it does, which it doesn’t in this case, is it so serious as to declare that the U.S. foreign policy faces an emergency?
A national emergency arises from a threat to THE NATION, that is, to Americans regarded as a people. If there is a threat to the foreign policy of the U.S., and I deny that a vote among Crimeans is a genuine threat even to that, this is not the same as a threat to Americans. There is no national emergency.
How can a vote in Crimea be viewed as a threat to U.S. foreign policy and the overturning of the government of Ukraine by violent means not be viewed as a threat? Only if the U.S. is content with the latter but unhappy with the former. In other words, to the U.S. government, a threat is that which frustrates what it desires. It is not based on something objective that endangers Americans but on an impediment to U.S. foreign policy. This impediment is declared to be a threat so that then a national emergency can be declared when none exists. That in turn then is used to justify taking actions in the form of sanctions.
Is the frustration of a want to be called a threat? If I want a Mercedes-Benz in a showroom but can’t get it without paying for it, is the dealer a threat to my “foreign policy”? Do I then declare that the dealer has threatened my family? Do I declare a family emergency? Do I then use my power to blockade the showroom or to prevent the dealer from accessing his bank account or to stop trailers from delivering new cars to him? Yes, this all sounds very far-fetched but so is it far-fetched for Obama to see a threat to this nation from a vote in Crimea and declare a national emergency.
Obama’s executive order is a raw exercise of power dressed up to give the appearance of legality.
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