His first act of defiance, issued on the day after his resounding defeat at the polls, was a promise to bypass Congress and grant US citizenship to millions of illegal immigrants by executive action. Whether Obama realizes it or not, his political advisors must certainly be aware that this threat has as much chance of survival as an ice cube in a hot toddy.
The very first words of the Constitution, Article I Section 1, are, " 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." The President's only responsibility regarding immigration is that specified in Article II Section 3: "...he shall take Care that the Laws be faithfully executed..."
Any attempt, therefore, to carry through with this threat to legislate from the White House will almost certainly end in ignominious defeat for the President. Could this be just an empty promise designed to rally the Fascist base of the Democrat Party by presenting the President as a champion of their impracticable agendas?
The latest ceremonial act of defiance is a Presidential appeal to the FCC to regulate the internet. This is pure political posturing. Obama's advisors know full well that all a Republican Congress has to do is amend the 1934 Communications Act to preclude any regulation of the internet. They can also amend the Act to waive all regulatory fees, which, since the FCC is solely supported by such fees, will effectively defund the Commission.
And finally, they can simply repeal the Communications Act of 1934. The FCC was created to prevent broadcast interference in the early days of radio. But there are no longer any freelance broadcasters working out of their barn with two 6L6s running upside down in a bucket of water and an antenna strung between two clothesline poles. The industry has matured and is quite capable of policing itself. The FCC is a dinosaur, and it should be disbanded in any case, if only to keep it from dabbling in mischief – like trying to regulate the internet.
These and other initiatives to come are all smoke and mirrors – an attempt to convince Democrats that their defeat on November 4th was not a defeat but a challenge. Intelligent and perceptive people will recognize this as nothing more than whistling in the dark.