Rep. Trey Gowdy R-S.C. voiced the fears of some people earlier this week when he said, " “If the president can fail to enforce immigration laws, can the president, likewise, fail to enforce election laws?”
Gowdy also made note that President Barack Obama has the “prosecutorial discretion” not to enforce laws concerning marijuana and immigration. He pondered what would stop Obama from enforcing election laws.
Gowdy asked Simon Lazarus, at a House Judiciary Committee hearing, "If the president can fail to enforce immigration laws, can the president likewise fail to enforce election laws?”
CNS reports that Lazarus is senior counsel to the Constitutional Accountability Center, one of several legal experts who testified at the hearing titled, “The President’s Constitutional Duty to Faithfully Execute the Laws.”
Lazarus responded to Gowdy's questions with a simple no. Gowdy then replied, "why not?" Then Lazarus said, "Because we live in a government of laws, and the president is bound to obey them and apply them." (To view more of their conversation you can click here.)
Gowdy was voicing his fear, and many others that Obama would run for a third term. However, the 22nd Amendment was enacted in 1947, to prevent a president from seeking a third term.
When the 22nd Amendment was proposed, Sen. Harley Kilgore (D-W.VA.) condemned it. He argued on the Senate floor saying, “The executive’s effectiveness will be seriously impaired, as no one will obey and respect him if he knows that the executive cannot run again.”
The 22nd Amendment was ratified four years later, following the re-election of Democratic President Franklin D. Roosevelt for a fourth term.
Through the years, many liberals and conservatives have raised their voices that a current president could have the 22nd Amendment repealed so there would be no term limits for presidents. Liberals during Bush's presidency had those fears, and now they are being raised by conservatives during Obama's presidency.
Fox News reports, there have been many attempts by Democratic Congressman José Serrano, to repeal the 22nd Amendment, since at least 2001. Earlier this year Serrano reintroduced the legislation to repeal the 22nd Amendment to the U.S. Constitution.
It's highly unlikely the 22nd Amendment would ever be repealed. Repealing a constitutional amendment would need to be approved by both the House and Senate and three-fourths of the states.
There is always the possiblity the 22nd Amendment could be repealed, because many view "Obama as a danger to the U.S. Constitution." Jonathan Turley spoke those words at the same hearing Gowdy attended.
Turley also said, "The danger is quite severe. The problem with what the president is doing is that he’s not simply posing a danger to the constitutional system. He’s becoming the very danger the Constitution was designed to avoid. That is the concentration of power."
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