McCarthy: Presidential lawlessness and derelictions of duty. I guess that, in light of my background, it’s not surprising that I’m intrigued by how our Constitution deals with modern challenges—or, more accurately, modern iterations of eternal challenges like abuse of power. President Obama’s lawlessness is unprecedented in its scope, starkness, and purpose to undermine the separation-of-powers. The Framers rightly believed the latter was the key to safeguarding liberty—preventing the accumulation of too much power, and especially the joining of executive and legislative powers, in a single set of hands. Because they so worried about the specter of executive lawlessness and overreach, they gave Congress tools to address it decisively. But there are really only two of them: the power of the purse and impeachment.
So I wrote the book to say, “Look, presidential lawlessness is a significant threat to our liberties and to our aspiration to be a Republic under the rule of law. The system gives us weapons to combat it. If we don’t use them, that is a political choice that can be made, but let’s make it with our eyes open because it has serious consequences. I means we will no longer be the same kind of country.”
FP: What exactly are “high crimes and misdemeanors” and can you give a few brief examples of how has Obama committed them?......To Read More…..
Editor's Note: You will note that I dealt with this issue a bit more extensively regarding the meaning of "High Crimes and Misdemeanors" with "The Post Constitutional Era! Part XV".