Suing over Presidential Executive Order

 

It seems his highness King John Boehner is displeased. He claims his chief servant President Obama has overstepped the authority granted to him by the ruling caste. The Republican Party. He has committed this heinous crime by using powers granted to him under the Constitution of the United States commonly known as Presidential Executive order to create laws and policies republicans don’t like.

It also seems crazy republicans want you to believe President Obama either doesn’t have, or is abusing and or making more Executive Orders than any other president. That is very and I do mean very wrong.  At the date of this writing President Obama was yet to issue the same number of Executive orders issued by President Bush or Regan.

While executive orders are considered federal law valid around the nation, there are 3 ways to overturn an executive order. 1st if congress could ever get its act together it could veto the order, 2nd the Supreme Court can overturn an executive order, (I have included an example in this post) finally the next president can terminate or rewrite an executive order. There are some orders which do have a built in termination date. Originally executive orders were limited to the administration of different governmental departments and how that department would deal with a federal law directly effecting department operations. Now, thanks to President G.W. Bush’s National Security and Homeland Security Presidential Directive (National Security Presidential Directive NSPD 51/Homeland Security Presidential Directive HSPD-20, the powers of the executive order has greatly expanded. You see, prior to this directive a president could respond to a threat or danger with military force but after a period time the president would have to go before congress and ask for a declaration of war, if refused the president would have to bring the troops home. (Just so you know the presidential directive is not an executive order.) Directives can also be challenged like an executive order and can be renewed like an executive order. A few in congressmen did try to challenge but were overruled by their fellow congressmen. That’s how we got into the 10 year Iraq war and the power to declare war now resides with the president.

 To make these changes permanent unchangeable law a senator or congressman must decide it is a good change and introduces a bill in support of the executive order or the president talks someone into introducing the bill. Than manages to get it through both houses so he can sign it the order will expire. Also the incoming president could renew or terminate an executive order if someone tells him about it or slips it in among a pile of other things requiring his signature. If none of this happens than the executive order will find its way into his or her ‘presidential library’. Where it will probably be forgotten.

 Now the Supreme Court can override and or nullify of an executive order. Let’s look at executive order 10340 created by Harry Truman. This order expropriated and federalized the steel industry. Executive order 10340 was canceled by the Supreme Court in 1959.

 Now there are federal laws that do have a time limit. President Obama created Protecting Tenants during Foreclose Act (P.T.F.A.) during his 1st term in office. The difference between an Act and an executive order is there was at least some congressional support. The P.T.F.A. dealt with a landlord tenant issue.

 More Next Week

 

 

 

Side-Note: Presidential Executive Order

As I said before, please remember when a lawyer becomes involved your problem becomes an issue and that I am a paralegal not a lawyer.  It also seems crazy republicans want you to believe President Obama either doesn’t have, is abusing and or making more Executive Orders then any other president. That is very and I do mean very wrong. While executive orders are considered federal law valid around the nation, there are 3 ways to overturn an executive order. 1st if congress could ever get its act together it could veto the order, 2nd the Supreme Court can overturn an executive order, (I have included an example in this post) finally the next president can terminate or rewrite an executive order. There are some orders which do have a built in termination date. Originally executive orders were limited to the administration of different governmental departments and how that department would deal with a federal law directly effecting department operations. Now, thanks to President G.W. Bush’s National Security and Homeland Security Presidential Directive (National Security Presidential Directive NSPD 51/Homeland Security Presidential Directive HSPD-20, the powers of the executive order has greatly expanded. You see, prior to this directive a president could respond to a threat or danger with military force but after a period time the president would have to go before congress and ask for a declaration of war, if refused the president would have to bring the troops home. (Just so you know the presidential directive is not an executive order.) Directives can also be challenged like an executive order and can be renewed like an executive order. A few in congressmen did try to challenge but were overruled by their fellow congressmen. That’s how we got into the 10 year Iraq war and the power to declare war now resides with the president. To make these changes permanent unchangeable law a senator or congressman must decided it is a good change and introduces a bill in support of the executive order or the president talks someone into introducing the bill. Than manages to get it through both houses so he can sign it the order will expire. Also the incoming president could renew or terminate an executive order if someone tells him about it or slips it in among a pile of other things requiring his signature. If none of this happens than the executive order will find its way into his or her ‘presidential library’. Where it will probably be forgotten. Now the Supreme Court can override and or nullify of an executive order. Let’s look at executive order 10340 created by Harry Truman. This order expropriated and federalized the steel industry. Executive order 10340 was canceled by the Supreme Court in 1959. Now there are federal laws that do have a time limit. President Obama created Protecting Tenants during Foreclose Act (P.T.F.A.) during his 1st term in office. The difference between an Act and an executive order is there was at least some congressional support. The P.T.F.A. dealt with a landlord tenant issue. More Next Week

Bowe Bergdahl Sgt.

Are republicans so damn desperate, they have to destroy a young man’s life? Republicans are demonstrating that a soldier is a valueless expendable commodity. Unless he has achieved a rank of Colonel or higher and is preferable male. If you are thinking about joining, I would think about it very carefully. With an all-volunteer armed services republicans have made a recruiters job a hell of a lot more difficult.

Now these idiots claim Sgt. Bergdahl is a jihadist that he has converted it Islam. After this treatment he just might be. Think about this Sgt. Bergdahl has been a captive for five years. Five years of being tortured denied food, possibly spending several months at a time in a four by four cell so black you cannot see your own hand as you touch your own nose. You’ve spent all those months in that tiny cell without human contact.

Ghee, doesn’t that sound a lot like what P.O.W’s went through in the Vietnam and Korean Wars. I an old enough to remember how activists like Jane Fonda and journalist got played. They were allowed to ‘interview’ detainees. Detainees are prisoners programmed through torture and mind games to ‘honestly’ and ‘without fear of punishment’ tell the world how neat and wonderful their prisons and guards are. Plus how rotten America is.

You know as a Veteran I’ve heard 100’s of stories about soldiers leaving their post to ‘relieve’ themselves. Then While ‘reaching for toilet paper only to be captured. So with all these rumors flying about concerning Sgt. Bergdahl.

Here is mine:

He found out he wasn’t there to fight terrorists, to rescue any hostages or to protect his country. That he was there to create a higher demand for the military-industrial complex. In addition to giving certain ‘unnamed’ corporations access to Iraq oil fields. Discovering this, he picked a bad way to protest.

Maybe the Taliban tempted him away from his post by offering him the ‘personal services’ of 72 virgins?

Who knows? Again everything I’ve heard and read about Sgt. Bergdahl has been rumors and speculation. Nothing even the dumbest lawyer in the whole world would take to court. Of course with the Fox news their claims have been outright lies. Something like 20 soldiers losing their lives looking for Him. Get real, our military would not have sent out 20 soldiers to rescue 1 Sergeant. There have been rumors of maybe 2 soldiers were sent. A number of other deaths credited to Sgt. Bergdahl were combat deaths but had nothing to do with looking for him. Some of the deaths occurred before he was captured.

JUST SO YOU KNOW: The MILITARY-INDUSTRIAL COMPLEX are the corporations that make their billions selling our military all those guns, tanks, bombs and aircraft carriers. Unfortunately Without a war going on our military doesn’t seem to want to buy all their toys.

This brings me to a point I want to make. Our combat soldiers are being sent into combat without any idea of what to expect. I understand ‘combat training’ has become nothing more than a joke. In my day ‘combat training’ is referred to as an Exercise. Exercise’s that are supposed to simulate doing your job, with people trying to kill you. In my day you would be issued an m-16 and have to stand watch with an enemy trying to invade your camp. Sometimes there would be gun fire and explosions, or sometimes an enemy would sneak into your camp and shoot you in your sleep. Now these Exercises have become a camping trip.

I will try to get back to Bankruptcy next week.

My Political Opinion

With all that is going on, I am going to take this week, and I am going to take this article to tell you my opinion on a few matters. One of the privileges of being a writer. Next I will be getting into Chapter 7 Bankruptcy.

So here we go, I’ve got to wonder why Bloomberg is such an evil bad guy for giving $50 million to Mothers for gun control. I mean all they are doing with his money is using the money to lobby congressmen and promote their cause.
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>‘Which I support by the way.”


The N.R.A. and crazy republicans are saying he is over reaching and abusing the system. Yet the Koch Brothers spend billions of dollars supporting the N.R.A. And they are claiming ‘they are such great Americans miss understood and abused.’ On 4/25/14 I watched part of the N.R.A. leader’s speech and I am really confused. He accused Democrats and Independents of passing bad laws without reading them and then going on T.V to defend them. Yet it has been republicans caught doing that for the least for the last 20 years. Regulating religion? Crazy republicans made it very clear that only a limited number Christian sects are acceptable. When did the collection of emails, cell phone records and personal data without cause or warrant is Obama’s fault? Didn’t Wayne La Pierre know that President G.W. Bush started it? Wayne La Pierre claims how news organizations are telling lies in support of certain political groups. As far as I know only Fox news and right-wing radio show have been caught in lie after lie. As far as I know CNN and MSNBC have made mistakes but they have always made prime time apologies and own up to it. Fox never has nor has Fox ever admitted their fact ‘mistakes’ and I have watched a few of their lame attempts to cover things up.

When did it become okay for someone who makes anywhere up to $100,000 a year and refuses pay one bills is a hero and someone who had been desperately searching for a job for the last three to four years loses and their unemployment insurance has to go to jail for feeding their kids. Shanesa Taylor of Arizona went to jail for trying to get a job to feed her kids. Just so you know debtor’s prisons in the United States is very real. Thousands of men and women have gone to jail for owing as little as $1000. Privatized juvenile jails are keeping their prisoners months past their release dates to fatten that prisons bills to the State.

Why do multi-billion dollar corporations deserve more in tax cuts and subsidies? To get paid just for existing in the States. And I have to pay more in taxes, and lose food stamps, A.C.A Medicare social security. To lose some of my tax deductions. To have A rich man’s son should go to college and while my nephews can’t. The Paul Ryan budget.
Why was it okay on that but unemployment insurance ‘sorry it’s just not that important.’?

You know I have even read an article about a private juvie prison in Florida being investigated for selling their male and female prisoners sexual services, like I said I am confused?

Obama Care/Veteran’s

With this bullshit in Washington DC I feel I got to go off topic again. Especially after getting blown off by my districts republican represented when I tried to contact her to express my concerns over her vote of 9/20/2013.

First let me tell you a true story. There was an auto accident and the veteran was severely injured. To the point of requiring full life support measures. He ended his hospital stay after three months. He left the hospital with tremendous medical bills not covered by his insurance. Fortunately he recovered.

Now here is the interesting part. During the 1st weeks he was in the hospital it was determined that he was a veteran without insurance. The intensive care hospital he was in began gearing up to transfer him to the local veteran’s hospital despite his medical needs.
Make no mistake, the Veteran’s hospital he was to be sent to would have gone to the bloody wall to save his life. However they just did not have the equipment or the skilled personnel needed to save his life.

He was fortunate, his younger brother discovered he had medical insurance and was able to prove it to the hospital. With the proof of insurance the doctors and nurses were cut loose and they saved his life. I wonder if he was wealthy would he had such problems.

I have to wonder if under Obama care would there have been such difficulty. I believe doctors and nurses should not have their hands bound by the insurance companies/hospital corporation’s profit margins. Saving lives should not be attached to the pocket book.

Another thing is the $40 billion cut from food stamps. A lot of republicans say that some sort of workfare will replace the food stamp program. All right where is it? Also it would make the lazy takers get off their butts and go out and find work. Okay, where are the jobs?

A lot of Veteran’s still waiting, years and years, for the benefits promised after agreeing to serve and protect our country. With Their combat damaged health preventing them from getting and keeping jobs. What little savings they had before answering their nations call are gone. Not to mention just keeping a roof over their heads. Having been forced onto food stamps they are now being told, ‘You know what, we are going to slow down getting your benefits even more and those food stamps you need to feed your kids so sorry those are gone too.’

Side-Note: Contrary to popular belief going to the PX costs money. Just not as much as a civilian store. The only benefit going to the PX is there are no taxes groceries and clothing sold there.

Missouri was the beginnings of a good plan. Families and individuals in need of aid must give back about 25 hours of service per week. This allows aide recipient to keep their pride and have the time to find a job.

Next week I’ll talk about Small Claims court costs.