“We Don’t Need No Stinking Constitution”

“We don’t need no stinking Constitution. And we sure don’t need no advice and consent from Congress. National sovereignty? Oh, please! That’s so twentieth-century.” At least that seems to be Barack Obama’s position today.


Obama thumbed his nose at Congress and the American people when he authorized the use of American military assets to invoke a no-fly zone over Libya. If news reports are accurate, Obama called Congressional leaders to the White House Saturday, not to discuss with them the pros and cons of U.S. involvement in the Libyan civil war. No, he called them over to inform them of the decision he had already made to commit U.S. forces to enforce a no-fly zone for the United Nations.

Now, there is no question that Muammar el-Qaddafi is a bad guy. Undoubtedly, the Libyan people will suffer greatly if he remains in power after the recent rebellion against his dictatorial rule. He promised to kill his opponents, and we know his ruthlessness in the past. Many innocent civilians have and will die unless he is removed.

Nonetheless, the United Nations’ resolution to order a no-fly zone over Libya to protect the rebels is a dangerous precedent. Our involvement is militarily unwise, financially disastrous, a threat to our national sovereignty, and constitutionally questionable.

Ohio Rep. Dennis Kucinich declared Obama’s decision an "impeachable offense” because of his failure to consult with Congress or get Congressional authorization beforehand. The Constitution in Article I, Section 8.11 is clear: Congress, not the President, holds the power “to declare war.”

Because of presidential abuses during the Vietnam era, Congress passed the War Powers Act in 1973 to rein in the President. Under it, the President may engage U.S. troops only if the U.S. or its territories are under imminent threat of invasion by a foreign power or if U.S. citizens need to be extracted from an imminent threat in a foreign nation. Otherwise, the President must go to Congress to seek a declaration of war or a Congressional mandate prior to any military action involving U.S. troops. In no case, can the President use the U.S. military if “imminent hostilities” are expected to last for sixty days or more. Some exceptions allow the timeframe to be extended an additional thirty days.

Thus, technically, the President may have the right to engage U.S. forces without any Congressional consultation first under the War Powers Act. It should be noted, though, that many legal scholars consider the War Powers Act itself to be unconstitutional. It has yet to be fully tested in a Supreme Court case.

Obama is the first President to take military action without any consultation with Congress. Every other President, including the Left’s hated George W. Bush, has made his case to Congress and sought advice or a Congressional resolution before sending our military forces into harm’s way.

The irony is that Obama’s previous position was that it is unconstitutional for a President to go to war without Congressional approval. For example, in a December, 20, 2007 interview with Charlie Savage, a Boston Globe reporter, Obama said: “The President does not have power under the Constitution to unilaterally authorize a military attack in a situation that does not involve stopping an actual or imminent threat to the nation.”

Savage asked his question specifically in regards to bombing Iran’s nuclear facilities, if needed to stop their development of nuclear weapons. Then-Senator Obama elaborated, “As for the specific question about bombing suspected nuclear sites, I recently introduced S.J. Res. 23, which states in part that ‘any offensive military action taken by the United States against Iran must be explicitly authorized by Congress.’”

Today, Secretary of State Hilary Clinton and Vice President Joe Biden enthusiastically support the sending of U.S. fighter pilots on the mission to ground Libya’s air defenses under the War Powers Act. They surely did not believe in it when Bush was President.

Savage asked Clinton the same question during her presidential campaign. Then-Senator Clinton gave a very similar answer to Obama’s regarding the War Powers Act. She supported Obama’s S.J. Res. 23 against bombing Iran without Congressional approval.

In 1998, then-Senator Joe Biden gave an impassioned speech on the Senate floor in opposition to “monarchist” Presidents who sent troops into military actions without Congressional approval. He fully outlined the history and intent of the Founding Fathers regarding the Constitution’s restrictions on presidential powers to make war. In this speech, Biden criticized fellow Democrats President Harry S. Truman for his “police action” in Korea and President Bill Clinton for bombing Iraq under United Nations resolutions.

Recommendations for 2011 Jacksonville City Election Primary

Mayor: Mike Hogan (Republican)

Mike Hogan has served on the City Council, in the state legislature, and is the current Tax Collector. In all these positions, Mike has gained an unmatched reputation for honesty and integrity, especially in his dealings with his constituents. As a member of City Council, I personally experienced the fact that he made himself readily available to anyone who wished to discuss issues before the Council. Although we did not always agree, I found him always willing to listen carefully and consider all points of view before making a decision. He is a fiscal conservative, winning the endorsement of the Concerned Taxpayers of Duval County. He has been endorsed by the N.R.A., too. I give my highest recommendation to Mike Hogan for Mayor. Website: http://www.hoganformayor.com/.

Sheriff: Soren G. Brockdorf (No Party Affliation)
With Jacksonville still the murder capital of Florida, it is time for entirely new leadership in the Sheriff’s Department. Soren would bring to the Sheriff’s office both a law enforcement and business background. In law enforcement, he has been a Jacksonville Sheriff’s Officer, a Clay County Deputy and a Federal Agent. He is a Supreme Court Certified Family and County Mediator. He has outlined precise plans to reduce administrative costs that will allow for more monies for officers on the streets. For example, he wants to introduce software that will get needed information directly to officers in the field while eliminating 120 administrative positions. He has pledged to put more officers in the neighborhoods with the highest crime rates and to reduce response times to police calls. He wants to add a DNA lab with a two-day turnaround so rape victims do not have to wait six months for results, which currently allows perpetrators to remain on the streets to victimize other women. Website: http://www.1sheriff.com/.

Property Appraiser: Jim Overton (Republican)
Jim is the current Property Appraiser and has done a good job of creating efficiencies in how the office operates while reducing the budget. He has put much of the information online that taxpayers need. He won the endorsement of the Concerned Taxpayers of Duval County. Website: http://www.jimoverton.com/.

Tax Collector: Dick Kravitz (Republican)
Dick Kravitz brings a wealth of legislative and business experience to the position of Tax Collector. He has served on the City Council and in the state legislature. I found him willing to listen to differing points of view on issues before making decisions. He has been fiscally conservative on budget and tax matters and has been endorsed by the Concerned Taxpayers of Duval County. Website: http://www.kravitzfortaxcollector.com/.

Council-at-Large Group 1: Steve Burnett (No Party Affiliation)
If you read the report in The Florida Times-Union, the race for Council-at-Large Group 1 is colorful. Each candidate has background issues and none is ideal. Steve is a twenty-year Navy veteran who advocates limited government as defined by the City Charter. After retiring from the Navy, he owned and operated 50 Jackson Hewitt tax preparation offices with 300 employees in Florida and Georgia. He is a registered Republican, although he chose to run without party affiliation. When he sold his Jackson Hewitt franchises, he was caught by a local TV news crew throwing records into a dumpster without shredding them, making clients and employees vulnerable to identity theft. Because of what I consider more serious issues with the other candidates, I will vote for Steve for Council-at-Large Group 1.

The Republican candidate, David A. Taylor is a lawyer by trade, specializing in commercial litigation and adoptions. He has been in the past and is currently under investigation by the Florida Bar Association for ethical violations, one of which could lead to criminal charges. The NE Florida Builder’s Association, both the Firefighters and Police unions, First Coast Manufacturer’s Association and JAXBiz have endorsed him, but the Concerned Taxpayers of Duval County gave him an ANTI-endorsement. These caused me to decide not to support David Taylor.

Steve’s other opponent is Democrat Kimberly Daniels, a self-admitted former drug abuser and prostitute. She now is pastor of a Northside Christian congregation with a reported 400 members. She pays no property taxes on her home because it is listed as a “rectory.” There are questions regarding the propriety of using church funds to make enhancements to the property, including a swimming pool with screened enclosure.

Council-at-Large Group 2: John R. Crescimbeni (Democrat)
John has served on the City Council for a combined total of ten years. Despite his Democrat affiliation, he has been one of the most consistent fiscal conservatives in city government. He practices what he preaches by being the only council member who does not have a paid legislative aide; he answers his own phone and does his own research. He has never missed a regularly scheduled City Council meeting in all ten years and has one of the best committee attendance records. He asks the tough questions on contracts such as those with the Jaguars or for the landfill. He opposed the county courthouse cost overruns. He voted against tax and fee increases, winning the endorsement of the Concerned Taxpayers of Duval County. Website: http://www.johnforcitycouncil.com/.  

Council-at-Large Group 4: Juan Diaz (Republican)

None of the candidates for Council-at-Large Group 4 have run for or held political office previously. After careful review of all their proposals and positions, I have decided to vote for Juan Diaz. He is a young corporate attorney who has served on a variety of local boards, committees and civic organizations. He is a fiscal conservative and won a co- endorsement of the Concerned Taxpayers of Duval County. He advocates job creation through expansion of JaxPort, Mayport Naval Station, the Cecil Commerce Center and Jacksonville’s healthcare facilities. He opposes tax or fee increases as a means of balancing the city’s budget. Instead, he would work to eliminate duplication of services, make pension reforms, privatize some services, etc. The Northeast Florida Board of Realtors and United Christians of Florida P.A.C also endorse him. Website: http://diaz4jax.com/.

Council-at-Large Group 5: Robin Lumb (Republican)
This is another race in which none of the candidates has previous political experience. Robin won my recommendation because of his active opposition to Obamacare, including organization of Town Hall meetings and public forums, and his advocacy for expansion of JaxPort for job generation. A fiscal conservative, he does not believe tax hikes will solve the city’s budget problems. Instead, pension costs need to be brought under control along with budget discipline that focuses on essential services and basic needs (public safety, roads, parks and libraries). He is a small business owner and has served on many civic and charitable organization boards. Concerned Taxpayers of Duval County has endorsed him. Website: http://www.votelumb.com/.

The primary will be held on Tuesday, March 22nd. Early voting begins Monday, March 7th. Whether you agree with my selections or not, please vote.