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With Congress in a proverbial “stand still,” Obama has, basically, created a “legislative branch” of his own behind closed doors, out of the public view, in order to enact government policies through executive order to “fix” problems ranging from immigration to tax laws. According to The New York Times, “Mr. Obama’s increasingly expansive appetite for the use of unilateral action on issues including immigration, tax policy, and gay rights has emboldened activists and businesses to flock to the administration with their policy wish lists.” This pseudo-legislative branch has included an array of lawmakers, experts and business leaders “for a wide range of perspectives to inform his plans for executive action.” So far, there have been more than 20 meetings this summer of what administration officials call “listening sessions” outside of the public view, with officials refusing to “discuss the sessions in detail because the conversations were private.”

Obama has convened a “private, confidential, pseudo-legislative branch” to draft laws, through executive fiat, affecting the entire country, and no US citizen has the right to know what is going on, since the conversations are private.

For all of those who support the unconstitutional lawsuit, how do you like this maneuver? You can’t complain about the unconstitutionality of these actions – or any action, for that matter – by Obama, when you support an unconstitutional action by Congress in the form of a lawsuit. Hypocrisy has not only been a virtue of the left, but has proven to be a virtue of pseudo-conservatives as well.

According to White House spokeswoman Jennifer Friedman, “The president has been clear that he will use all of the tools at his disposal, working with Congress where they are willing, but also taking action on his own when they aren’t. As part of this process, the administration has engaged a wide range of stakeholders, and has solicited input from groups and individuals representing a diverse set of views.”

Did Obama include any average Joe Blow, man from the street, stakeholder in any of his “listening sessions?” Probably not, which basically negates a representative government. If any of this involves more government dipping into the taxpayer wallet, there was no representation of the people since one can hardly call lobbyists, experts and business leaders as “representatives.” Lawmakers are not necessarily the same as duly elected representatives of the people. Besides, any member of Congress who participates is not necessarily representative of the entire citizenry, if attending as a “lawmaker.”

Andrew Rudalevige, a government professor at Bowdoin College, has studied the consequences of executive action. Rudalevige told The New York Times, “The executive branch is not set up to be a deliberative body like the Congress is. The process is certainly stacked toward the policy preferences of the administration, and they’re going to listen to the people they think are right, which usually means the ones who agree with them.”

Rudalevige added that those who have an “in” will collaborate with the White House and agencies to get their priorities met, while those who are on the “out” will have to resort to the legal process to challenge Obama’s executive action after it has been taken.

A case in point stems from an executive order issued by Obama last month that “would block companies with a history of workplace violations from receiving federal contracts.” Geoff Burr, vice president of federal affairs for Associated Builders and Contractors, stated this action has prompted his group to consider litigation proceedings against the administration. Associated Builders and Contractors consists of a group of companies whose members do 60 percent of federal construction work.

Those on the “out” that would have to resort to litigation means groups like Associated Builders and Contractors. It does not mean Republicans, Conservatives or any group in Congress.

Alabama Republican Senator Jeff Sessions has spoken out against Obama’s “listening sessions,” telling the New York Times, “It is chilling to consider now that these groups, frustrated in their aims by our constitutional system of government, are plotting with the Obama administration to collect their spoils by executive fiat.”

Plotting behind closed doors to enact law without the representation of the people via Congress has trumpeted the claim of dictatorship, echoing the sound of tyranny.

What has become just as frightening as dictatorial action by Obama are the individuals, like Scott Corley, who actually look for “legal ways” for the president to enact law via executive order. Corley is a lobbyist for a coalition of Silicon Valley companies called Complete America. The coalition has sought relief for foreign-born technology workers; these could be legal or illegal.

“We’ve been talking to them about what we believe they can do while we wait for Congress to act,” Corley told a reporter with the New York Times. “We’ve looked where the legal authority exists, and we’ve found lots of ways in which the administration can move forward.”

Many groups have turned to “policy experts,” urging them to compose essays that provide Obama with the legal justification for law enacted via executive fiat. One such expert, former Obama Treasury official turned Harvard Law School professor Stephen Shay, wrote an article that made the case for removing tax incentives “now benefiting companies that move overseas.” Professor Shay wrote an article that appeared in the July edition of the trade journal, Tax Notes, asserting the president’s team had broad authority to act without congressional approval. Even if you agree with the tax incentive removal for companies overseas, the removal of that incentive, according to the Constitution, rests with the legislative branch, not the executive.

And, it has not been only lobby and special interest groups or businesses either that have bombarded the Obama administration with their “wish lists.” Democratic members of Congress have submitted their “wish list requests” to Obama, as well. In fact, you can bet Senator Dianne Feinstein, (D-CA) has requested some action in relation to gun control similar to her March request for an executive order to ban “the import of assault and military style weapons.”

Once support for a violation of the Constitution occurs in one area, it opens the door for violations to occur regarding any part of the Constitution, including an amendment that specifically states “shall not be infringed.” Remember the statement made by Obama after winning the 2012 election – “this is what the people want.” The Democratic Congress railroaded Obamacare down the throat of Americans without one single Republican vote in violation of the Constitution. How many Americans cheered exuberantly? The point has been made sufficiently; however, some Americans are so dense, they miss the point in seeing that support for the unconstitutional health care law is the same as the support for the unconstitutional lawsuit being brought forth by Boehner. Support for unconstitutionality is support for unconstitutionality…period. Picking and choosing which parts of the Constitution to support and which parts to ignore is “being Obama.”

As previously stated in other articles, the Constitution has been trashed, with regard to the function of the branches of government, and Obama has placed it on the White House bathroom tissue roll. By allowing Obama to usurp the powers of legislation, Congress has paved the way for increasing unlawful action by the out of control president.

Along with his “federal police force,” Obama has now created his own “private legislative body” to do the job of Congress. Just like unconstitutional alphabet agencies that enact pseudo-law through regulation, this body will be drafting potential law for executive fiat. Since the Constitution has been trashed and is now being used as toilet paper, what law does this violate? Unfortunately, there is no supreme law as far as Washington and this administration are concerned. To them, no law is being violated, and “experts” have provided the administration with “legal justification” for these actions.

This is the new “transformed” America full of “hope and change” – an Obama America, brought to you by a complicit Congress and a portion of America that supports unconstitutionality. What is the remedy for Obama creating a private legislative body and enacting a law unilaterally? All ideas are welcome, as it’s obvious the Supreme Law of the Land means little to some, which is why there is now government by dictatorial action.

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Mayor Lioneld Jordan

City Attorney Kit Williams

City Clerk Sondra Smith


Ward 1 Position 1 – Adella Gray
Ward 1 Position 2 – Sarah Marsh
Ward 2 Position 1 – Mark Kinion
Ward 2 Position 2 – Matthew Petty
Ward 3 Position 1 – Justin Tennant
Ward 3 Position 2 – Martin W. Schoppmeyer Jr.
Ward 4 Position 1 – Rhonda Adams
Ward 4 Position 2 – Alan Long
Final Agenda
City of Fayetteville Arkansas
City Council Meeting
August 19, 2014

A meeting of the Fayetteville City Council will be held on August 19, 2014 at 05:30 PM in Room 219 of the City Administration Building located at 113 West Mountain Street, Fayetteville, Arkansas.

Call to Order

Roll Call

Pledge of Allegiance

Mayor’s Announcements, Proclamations and Recognitions:

City Council Meeting Presentations, Reports and Discussion Items:

1.     Quarterly Financial Report – 2nd Quarter 2014, Paul Becker, Finance Director

Agenda Additions:

A.     Consent:

    1.     Approval of the August 05, 2014 City Council meeting minutes.

    2.     Evans Construction and Remodeling, LLC (898 S. Hill Avenue):  A resolution to authorize a contract with Evans Construction and Remodeling, LLC in the amount of $39,765.00 for Community Development Block Grant Rehabilitation of an eligible residence located at 898 S. Hill Avenue.

        Evans Construction and Remodeling, LLC (898 S. Hill Avenue)

    3.     Justice Assistance and State Drug Crime Enforcement Grant:  A resolution accepting the 2014-2015 Justice Assistance and State Drug Crime Enforcement Grant for Federal and State funding in the amounts of $73,705.16 and $111,529.83 respectively, as a portion of the funding for the 4th Judicial District Drug Task Force.

        Justice Assistance and State Drug Crime Enforcement Grant

    4.     B & H Photo Video: A resolution to award Bid #14-44 and authorize the purchase of components for a Location Production System from B&H Photo-Video Corp. in the amount of $26,971.13 for use by the Media Services Division.

        B & H Photo Video

    5.     McClelland Consulting Engineers (Zion Road):  A resolution to authorize an amendment to the contract with McClelland Consulting Engineers, Inc. in an amount not to exceed $90,610.00 to provide for design and related services for sanitary sewer relocation and improvements along a portion of Zion Road, and to approve a Budget Adjustment.

        McClelland Consulting Engineers (Zion Road)

    6.     John Stalling Studio (Art Sculpture at the Marion Orton Recycling Drop Off Center):  A resolution to authorize a contract with John Stalling Studio in the amount of $9,400.00 for an art sculpture to be installed at the Marion Orton Recycling Drop Off Center, and to approve a budget adjustment.

        John Stalling Studio (Art Sculpture at the Marion Orton Recycling Drop Off Center)

    7.     CivicPlus (Website Redesign): A resolution to authorize a contract with Icon Enterprises, Inc. doing business as Civicplus in the amount of $65,714.00 plus applicable taxes for City website and intranet redesign and hosting, and to approve a project contingency in the amount of $6,571.00.

        CivicPlus (Website Redesign)

    8.     New World Systems (Data Sharing Software Module):  A resolution to authorize an amendment to the contract with New World Systems in the amount of $23,980.00 plus applicable sales tax for the addition of a data sharing software module to the existing Police Department records management system, and to authorize the mayor to sign memoranda of understanding with the cities of Rogers and Bentonville regarding the sharing of police records.

        New World Systems (Data Sharing Software Module)

    9.     Bid #14-43 Benchmark Construction:  A resolution to award Bid #14-43 and authorize the mayor to sign a contract with Benchmark Construction of NWA, Inc. in the amount of $42,879.48 for replacement of the driveway at Fire Station No. 1, and to approve a project contingency of $8,575.90.

        Bid #14-43 Benchmark Construction

    10.     Master Street Plan Amendment: A resolution amending the Master Street Plan by removing the internal collector streets that were planned in the Southpass R-PZD 08-2898 and downgrading Finger Road from a collector to a local street from the intersection of Plumerosa Road South to the Mount Kessler area, as described and depicted in the attached map.

        Master Street Plan Amendment

B.     Unfinished Business:

    1.     Enact Chapter 119 Civil Rights Administration:  An ordinance to amend the Fayetteville Code by enacting Chapter 119 Civil Rights Administration to protect the Civil Rights of Fayetteville citizens and visitors and to create the position of Civil Rights Administrator for the City of Fayetteville. This ordinance was left on the First Reading at the July 15, 2014 City Council meeting.  This ordinance was amended and left on the Second Reading at the August 5, 2014 City Council meeting.

        Enact Chapter 119 Civil Rights Administration

        Additional:  Enact Chapter 119 Civil Rights Administration

    2.     2015-2019 Capital Improvements Plan (CIP):  A resolution to adopt the 2015-2019 five-year Capital Improvement Plan.  This resolution was tabled at the August 5, 2014 City Council meeting to the August 19, 2014 City Council meeting.

        2015-2019 Capital Improvements Plan (CIP)

C.     New Business:

    1.     VAC 14-4780 (1414 S. Happy Hollow Road): An ordinance approving VAC 14-4780 submitted by Blew & Associates for property located at 1414 S. Happy Hollow Road to vacate existing street right-of-way.

        VAC 14-4780 (1414 S. Happy Hollow Road)

    2.     VAC 14-4777 (McConnell and Drake):  An ordinance approving VAC 14-4777 submitted by Jorgensen & Associates for property located at the northeast corner of McConnell and Drake to vacate an existing street right-of-way and portion of a utility easement.

        VAC 14-4777 (McConnell and Drake)

    3.     VAC 14-4768 (Arlis Herriman 2622 East Golden Oaks Road):  An ordinance approving VAC 14-4768 submitted by Arlis Herriman for property located at 2622 East Golden Oaks Road to vacate a portion of an existing utility easement, a total of 275 square feet.

        VAC 14-4768 (Arlis Herriman 2622 East Golden Oaks Road)

    4.     VAC 14-4776 (3535 North College Avenue):  An ordinance approving VAC 14-4776 submitted by Jorgensen & Associates for property located at 3535 North College Avenue to vacate an existing utility easement, a total of 6,300 square feet.

        VAC 14-4776 (3535 North College Avenue)

    5.     Gulley Land Purchase:  A resolution to approve the attached Offer and Acceptance Contract in which the City agrees to purchase about 11 acres of land including two houses and any outbuildings from Mary L. Dunn for the amount of One Million One Hundred Thousand Dollars ($1,100,000.00), to authorize Mayor Jordan to sign all necessary documents for this purchase and to approve the attached budget adjustment.

        Gulley Land Purchase

D.     City Council Agenda Session Presentations:

    1.     Economic Development Quarterly Presentation -Chung Tan, Chamber of Commerce

E.     City Council Tour:

F.     Announcements:


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