Friday 30 August 2013

'1st draft of Articles of Impeachment' arrives

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'1st draft of Articles of Impeachment' arrives
Obamacare 'illegally bypasses Congress, unauthorized IRS power-grab'

Obamacare not only is unconstitutional, it illegally bypasses Congress, infringes on states' rights and marks an unprecedented and unauthorized expansion of Internal Revenue Service power, according to a brand-new book released today.

In "Impeachable Offenses: The Case to Remove Barack Obama from Office," New York Times bestselling authors Aaron Klein and Brenda J. Elliott quote scholars and legal organizations contending Obamacare constitutes a clear case of "taxation without representation."

"Impeachable Offenses" shows Obamacare may violate multiple sections of the Constitution.

While the Obama administration may argue the healthcare legislation was upheld by the Supreme Court, "Impeachable Offenses" reports the White House has been hard at work changing the implementation of key sections of Obamacare without congressional oversight.

Taxation without representation

One part of the Constitution that may be violated is Article 1 Section 9, which stipulates: "No capitation, or other direct, Tax shall be laid, unless in Proportion to the Census or Enumeration herein before directed to be taken."

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The section is clarified in the Sixteenth Amendment: "The Congress shall have power to lay and collect taxes on incomes, from whatever source derived, without apportionment among the several States, and without regard to any census or enumeration."

The Supreme Court ruled the health-care mandate under the legislation is a tax. However, according to experts cited in "Impeachable Offenses," this tax does not satisfy any of the three types of valid constitutional taxes – income, excise or direct.

Write Klein and Elliott: "Because the penalty is not assessed on income, it is not a valid income tax. Because the penalty is not assessed uniformly or proportionately, and is triggered by economic inactivity, it is not a valid excise tax. Finally, because ObamaCare fails to apportion the tax among the states by population, it is not a valid direct tax."

Despite Obama's public statements that the individual mandate was not a tax, the Supreme Court ruled June 28, 2012, in a 5 to 4 vote, with conservative Chief Justice John Roberts siding with the majority, that the requirement that the majority of Americans obtain health insurance or pay a penalty was constitutional, authorized by Congress's power to levy taxes.

"The Affordable Care Act's requirement that certain individuals pay a financial penalty for not obtaining health insurance may reasonably be characterized as a tax," Roberts wrote in the majority opinion. "Because the Constitution permits such a tax, it is not our role to forbid it, or to pass upon its wisdom or fairness."

In a second 5 to 4 vote, again with Justice Roberts joining the majority, the court rejected the administration's most vigorous argument in support of the law, that Congress held the power to regulate interstate commerce.

The Commerce Clause, the court ruled, did not apply.

However, Klein and Elliott document the White House has been changing the law without involving Congress following the Supreme Court ruling and that multiple sections of the implementation of Obamacare are unconstitutional.

Illegally bypassing Congress? Bribing states?

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cites Jonathan H. Adler of the Case Western Reserve University School of Law and Michael F. Cannon of the Cato Institute.

The duo found: "The law encourages states to create health-insurance exchanges, but it permits Washington to create them if states decline. … ObamaCare authorizes premium assistance in state-run exchanges (Section 1311) but not federal ones (Section 1321).

"In other words, states that refuse to create an exchange can block much of ObamaCare's spending and practically force Congress to reopen the law for revisions."

The Obama administration, however, was furiously at work in an attempt to avoid a legislative debacle. The administration proposed an IRS rule to "offer premium assistance in all exchanges 'whether established under section 1311 or 1321,'" Adler and Cannon said.

The Treasury Department, they continued, was "confident" that the IRS had the authority to offer premium assistance where Congress had not authorized it and that this overreach was "consistent with the intent of the law and [its] ability to interpret and implement it."

"Such confidence is misplaced," Adler and Cannon asserted. "The text of the law is perfectly clear. And without congressional authorization, the IRS lacks the power to dispense tax credits or spend money."

In May 2012 the IRS released its final regulations that would "provide guidance to individuals who enroll in qualified health plans through Affordable Insurance Exchanges and claim the premium tax credit, and to Exchanges that make qualified health plans available to individuals and employers."

Free-market advocate Phil Kerpen, cited in "Impeachable Offenses," called the regulations an "outrageous edict that attempts to up-end the ability of states to opt out of [Obama's] health care law's new entitlement."

Kerpen called the Obama administration out for what he said was an obvious attempt to "bribe states to participate by manipulating language in the law that is meant to authorize start-up grants to instead fund years of operating expenses."

Indeed, a July 2012 announcement from the Department of Health and Human Services offered states six full years of funding.

Was the maneuver constitutional? Article I, Section 1 states: "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."

Congress does not vest the power to write and rewrite laws in HHS and IRS; nor can unelected bureaucrats impose taxes on states that legitimately opted out of a federal program, Kerpen continued.

"Impeachable Offenses" further cites Adler and Cannon on how the IRS went ahead in May 2012 and finalized "a rule that will issue tax credits – and therefore will trigger cost-sharing subsidies and employer-mandate penalties – through federal Exchanges."

They contended that the rule is not only illegal, but it also lacks any statutory authority.

'State's rights violated'

The Tenth Amendment to the Constitution reads: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."

The Tenth Amendment Center, which was among the plaintiffs that took Obamacare to the Supreme Court, clarifies that the amendment was "written to emphasize the limited nature of the powers delegated to the federal government."

"In delegating just specific powers to the federal government, the states and the people, with some small exceptions, were free to continue exercising their sovereign powers."

As of February 2013, only 17 states and the District of Columbia planned to run their own exchanges, while another seven opted for state-federal exchanges. The 26 states that have chosen to opt out entirely challenged the law in the Supreme Court

In January 2010, Ken Klukowski explained that the Tenth Amendment does not apply here in the way many people have thought – although it does apply in a more serious manner, "Impeachable Offenses" relates. Klukowski co-authored with former Ohio Secretary of State Kenneth Blackwell the 2010 book "The Blueprint: Obama's Plan to Subvert the Constitution and Build an Imperial Presidency."

Citing two cases from the 1990s, Klukowski wrote that the Supreme Court "shocked the legal world" by striking the cases down for violating the Tenth Amendment.

The first case was in 1992, New York v. United States, in which "the Court struck down a federal law requiring states to pass state laws for the disposal of radioactive waste, and to issue regulations for implementing those laws."

In the second case, Printz v. United States in 1997, the court "struck down a provision of the Brady Act – a federal gun-control law – that required state and local law enforcement to run background checks on handgun purchasers."

From these two cases, Klukowski explained, "emerged the anti-commandeering principle, holding that the Tenth Amendment forbids the federal government from commandeering – or ordering – any branch of state government to do anything. The states are sovereign and answer only to their voters, not to Washington, D.C."

The commandeering principle is the real problem for Obamacare, write Klein and Elliott, since the law requires each states to set up insurance exchanges.

"It then requires the states to pass regulations for implementing those laws. And it further requires the states to dedicate staff and spend state money to administer those programs," said Klukowski.

In his opinion, Obamacare is a "straight-out repeat of those 1992 and 1997 cases."

"The main difference is that Obamacare violates the anti-commandeering principle in a far more severe and egregious way than those previous laws ever did," Klukowski concluded.

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Book fuels national debate

MSNBC reported Klein and Elliott's "Impeachable Offenses" is fueling the national conversation to impeach Obama.

The book lays out the blueprint for impeaching Obama, alleging high crimes, misdemeanors, bribery and other offenses committed against the U.S. Constitution and the limitations on the executive office.

Get "Impeachable Offenses: The Case to Remove Barack Obama from Office," autographed, at WND's Superstore

MSNBC.com reported: "The national conversation to impeach the president has been fueled in part by an upcoming book 'Impeachable Offenses: The Case for Removing Barack Obama from Office' that's set to be released by WND Books next week."

Continued the news network: "The authors of that book lay out a number of criticisms of the president, including his handling of the attack on the U.S. consulate in Benghazi and his failure to 'preserve, protect, and defend' the Constitution.

"That includes the argument that the president's health reform law is unconstitutional, even though the Supreme Court ruled more than a year ago that it is constitutional."

Politico reported "Impeachable Offenses" will be hand-delivered to members of Congress when they return from recess Sept 9.

Last week, BuzzFeed.com reported Klein and Elliott's new book "ushers in the Obama Impeachment movement."

"Impeachable Offenses" has already gone into its third printing, Klein said, "due to unexpected demand from bookstores."

"Clearly a large segment of the population is concerned Obama has overstepped his executive authority and has used his office to circumvent Congress to change, ignore, or at times perhaps invent de facto law," he added.

WND Books CEO Joseph Farah told Buzzfeed, "We knew this was going to be a popular book. What we didn't realize is that retailers would recognize it in advance and place large orders before the public weighed in."

Among the offenses enumerated in the book:

    •  Obamacare not only is unconstitutional but illegally bypasses Congress, infringes on states' rights and marking an unprecedented and unauthorized expansion of IRS power.

    •  Sidestepping Congress, Obama already has granted largely unreported de facto amnesty to millions of illegal aliens using illicit interagency directives and executive orders.

    •  The Obama administration recklessly endangered the public by releasing from prison criminal illegal aliens at a rate far beyond what is publicly known.

    •  The president's personal role in the Sept. 11, 2012, Benghazi attack, with new evidence regarding what was transpiring at the U.S. mission prior to the assault – arguably impeachable activities in and of themselves.

    •  Illicit edicts on gun control in addition to the deadly "Fast and Furious" gun-running operation intended, the book shows, to collect fraudulent gun data.

    •  From "fusion centers" to data mining to drones to alarming Department of Homeland Security power grabs, how U.S. citizens are fast arriving at the stage of living under a virtual surveillance regime.

    •  New evidence of rank corruption, cronyism and impeachable offenses related to Obama's first-term "green" funding adventures.

    •  The illegality of leading a U.S.-NATO military campaign without congressional approval.

    •  Obama has weakened America both domestically and abroad by emboldening enemies, tacitly supporting a Muslim Brotherhood revolution, spurning allies and minimizing the threat of Islamic fundamentalism. The White House is hitting back, calling the book's impeachment effort "foolhardy."

"If the Republicans in the House want to try something that foolhardy, it will probably be run by the same group of lawmakers who have voted more than 40 times to repeal the Affordable Care Act," an unnamed administration official told the Daily Mail.

"Like most of the partisan actions coming out of the House, the Senate would never stoop to dignify it," the official added.

Klein and Elliott acknowledge that impeachment of a sitting president "is certainly a matter of the utmost gravity, and not a charge to be undertaken for what our Founding Fathers would have called mere 'factional' advantage."

"We will show how Obama has not hesitated to go beyond democratic, legal and constitutional means to advance his radical agenda," they write.

Read more about "Impeachable Offenses" today at the WND Superstore.



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About two years ago, a book called "Where's the Birth Certificate? The Case That Barack Obama Is Not Eligible to Be President" by New York Times bestselling author Jerome Corsi was the fastest-selling new book in the country a month before its scheduled release.

On the day it hit No. 1 at Amazon, White House records indicate Obama was desperate to derail the issue of eligibility from breaking through into the mainstream media, which has been complicit in covering up all questions pertaining to the issue for four years.

What Obama did next was not unexpected by Corsi and the WND Books team that published it.

"Jerry Corsi called me a couple weeks earlier and told me his sources said the White House was going to release a fraudulent Hawaiian birth certificate before the book released to head off the success of the book and to end the burgeoning controversy," says Joseph Farah, founder and chief executive officer of WND and WND Books. "There was not much we could do about that. We were anticipating the move and planning to subject the document to intense forensic investigation."

On April 27, 2011, the White House posted the alleged long-form birth certificate on its official government website to quell the growing doubts about its existence.

"The media, partners in the crime of the cover-up of Obama's ineligibility for the presidency, quickly embraced the document without even a cursory examination," said Farah.

And that appeared to be the end of the eligibility debate – with even Donald Trump capitulating.

But something changed recently when the very first law enforcement investigation of Obama's eligibility announced its findings that the document was indeed fraudulent. The eligibility issue is alive and well and threatening to derail Obama's re-election bid.

For WND's part, Corsi quickly assembled all of the forensic investigative findings about the document itself in an updated e-book version of the book, "Where's the Real Birth Certificate?" Those findings provided much of the preliminary probable cause for the investigation by Arizona's Maricopa County Sheriff Joe Arpaio, who oversaw a six-month law enforcement probe – the first ever conducted into the matter of national security and constitutional integrity.




And now the book that Obama tried to kill is back – the most thorough and comprehensive exploration of all of the issues involving the eligibility of the man in the White House. It's more relevant today – eight months before the election – than ever before.

For a limited time only, WND Books and the WND Superstore is making available both the original book, signed by the author, and the updated e-book companion, which includes a full examination of the fraudulent birth certificate released by the White House, for one low price of $9.99 – to ensure the American people have every opportunity to learn the truth before it's too late.

In addition, WND is making available other resources in this critical hour at giveaway prices: Everything is marked down to bargain prices because time is short to make a difference.


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New releases from WND Books:

DISINFORMATION: FORMER SPY CHIEF REVEALS SECRET STRATEGIES FOR UNDERMINING FREEDOM, ATTACKING RELIGION AND PROMOTING TERRORISM

The highest-ranking Soviet bloc intelligence official ever to defect to the West, Lt. Gen. Ion Mihai Pacepa is at it again. A quarter century ago, in his international bestseller "Red Horizons," Pacepa exposed the massive crimes and corruption of his former boss, Romanian President Nicolae Ceauşescu, giving the dictator a nervous breakdown and inspiring him to send assassination squads to the U.S. to find his former spy chief and kill him. They failed. On Christmas Day 1989, Ceauşescu was executed by his own people at the end of a trial wherein accusations came almost word for word out of "Red Horizons."






BLACK YELLOWDOGS (AUTOGRAPHED)

Buy "Black Yellowdogs (Autographed) (Paperback)" exclusively at the WND Superstore before its scheduled release September 10, 2013.

The most dangerous citizen is not armed but uninformed.

It has often been said, "What you don't know won't hurt you." Not true. Ignorance is deadly.

Have you ever heard the phrase, "Forty acres and a mule"? Do you know how slavery actually began in America? Did you know the KKK lynched over a thousand white people? Do you know why? Have you ever wondered what African-Americans want, and why they vote Democratic?

Did you know that most blacks DO NOT support Affirmative Action? Who speaks for African-Americans? Do Jesse Jackson and Al Sharpton and others really speak for black America? Who elected these "civil rights leaders"?

If you have ever considered, even briefly, any one of these questions, or others in the area of race relations, then you need your own copy of "Black Yellowdogs." (What does "black yellowdogs" mean, anyway?)

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What Went Wrong?: The Inside Story of the GOP Debacle of 2012 . . . And How It Can Be Avoided Next Time (Autographed)

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By New York Times bestselling author, Jerome Corsi.

It was a race of certainty on both sides. Even on Election Day, Mitt Romney's campaign advisers were convinced Romney would be elected president, while Barack Obama's team was equally resolute he would reclaim the White House.

How was the Republican Party so misguided? Where did the party go wrong?

Although the results were far from preordained, the carefully crafted strategy of the well-oiled and underestimated Democratic Party machine left Romney's team sitting in a heap of disastrous miscalculations and America with four more years of Obama at 1600 Pennsylvania. For conservatives nationwide, the outcome of the 2012 presidential election was a harsh wake-up call: Superior policy can't surpass superior movement in a campaign.

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