On
election night, November 2, 2010, Rep. John Boehner said in his victory speech:…While our new majority
will serve as your voice in the people’s House, we must remember it is
the president who sets the agenda for our government. … [emphasis
added]
Next
morning, Ezra Klein commented in the Cult of the President lives on: I’d
like Boehner to show us where in the Constitution it says that the president
sets the agenda for the government.
But
Boehner is not as astute as Ezra Klein, and does not know that it is our Constitution which
sets the “agenda” for the federal government. The agenda the Constitution sets restricts
the federal government to war, international relations & commerce; and
domestically, the establishment of an uniform commercial system: a monetary
system based on gold & silver, weights & measures, patents &
copyrights, a bankruptcy code, and mail delivery (Art. I, Sec. 8, cls.1-16). 1
And
because none of the House Republicans seem to know that our Constitution sets
the agenda, and don’t know that our Constitution also enumerates the
powers delegated to the President, they are allowing Obama to carry out his “agenda”
to transform our Country into a fascist dictatorship.
What are the
Enumerated Powers of the President?
The
powers of the President are “carefully limited” and precisely defined by our
Constitution. In Federalist Paper No. 71 (last para),
Alexander Hamilton asks,
…what would be … feared from
an elective magistrate of four years’ duration, with the confined authorities
of a President of the United States?…[emphasis added] 2
The
answer to Hamilton’s question is this: There would be nothing to fear if
Presidents obeyed the Constitution. But they don’t obey it because the dolts in
Congress don’t make them obey it!
Well,
then! Here is the complete list of the President’s enumerated
powers:
Art.
I, Sec. 7, cls. 2 & 3, grants to the President the power to approve or veto
Bills and Resolutions passed by Congress.
Art.
I, Sec. 9, next to last clause, grants to the executive Branch – the Treasury
Department – the power to write checks pursuant to Appropriations made by law –
i.e., by Congress.
Art.
II, Sec. 1, cl.1, vests “executive Power” [see below] in the President.
Art.
II, Sec. 1, last clause, sets forth the President’s Oath of Office – to
“preserve, protect and defend the Constitution of the United States”.
Art.
II, Sec. 2, cl.1:
§
makes
the President Commander in Chief of the armed forces when they have been called by Congress into
the actual service of the United States. 3
§
authorizes
the President to require the principal Officers in the executive Departments to
provide written Opinions upon the Duties of their Offices.
§
grants
the President power to grant Reprieves and Pardons for offenses against the
United States, 4 but he can not stop impeachments
of any federal judge or federal officer.
Article
II, Sec. 2, cl. 2 grants to the President the power:
§
to
make Treaties – with the advice and consent of the Senate. 5
§
to
nominate Ambassadors, other public ministers and Consuls, federal judges, and
various other officers – with the advice and consent of the Senate.
Article
II, Sec. 2, cl. 3 grants to the President the power to make recess
appointments, which expire at the end of Congress’ next session.
Art.
II, Sec. 3:
§
Imposes
the duty on the President to periodically advise Congress on the State of the
Union, and authorizes the President to recommend to Congress
such measures as he deems wise.
§
Authorizes
the President, on extraordinary Occasions, to convene one or both houses of Congress
[e.g., when he asks Congress to declare War]; and if both
houses can not agree on when to adjourn, he is authorized to adjourn them to
such time as he deems proper.
§
Imposes
the duty upon the President to receive Ambassadors and other public Ministers.
§
Imposes
the duty upon the President to take care that the Laws be faithfully executed,
and
§
Imposes
the duty upon the President to Commission all the Officers of the United
States.
That’s it! Anything else the President does is unlawful and a
usurpation of powers not granted.
What is the
“executive Power”?
So!
The granting of the “executive Power” to the President is not a blank check
giving him power to do whatever he wants. The “executive Power” is merely the
power to put into effect – to implement – those Acts of Congress which are
within Congress’ enumerated powers. Thus, if Congress
establishes “an uniform Rule of Naturalization” (as authorized by Art. I, Sec.
8, cl. 4), it is the President’s duty to implement and enforce
the law Congress makes. The President is to carry out – to
execute – Acts of Congress.
But
note well: His Oath of Office – to “preserve, protect and defend the
Constitution”, shows that the President must use his independent judgment 6 as
to which acts of Congress are and are not constitutional. Thus, as shown in
this paper, “The Oath Of Office: The Check On Usurpations By Congress,
The Executive Branch, & Federal Judges“, the President has the
duty, imposed by his Oath, to act as a “check” on Congress (and on federal
courts, as well).
Accordingly,
when Congress makes a “law” which is not authorized by the Constitution, it
…would not be the supreme law
of the land,
but a usurpation of power not granted by the Constitution”… Federalist No. 33 (last two paras); 7
and
since the President’s Oath requires him to “preserve, protect and defend the
Constitution“, the President must refuse to enforce an unconstitutional
“law” made by Congress. Otherwise, he’d be in collusion with the legislative
branch to usurp power over The People. 8
So,
then! Acting as a check on Congress (and federal courts) by refusing to enforce
unconstitutional “laws” (and opinions), as well as the duty of entertaining
foreign dignitaries, are the only occasions where the President may act alone.
His prime responsibility is to do what Congresstells him.
Article I,
Sec. 1 & The Unconstitutional Administrative Law State
Now,
you must learn of “administrative law” – i.e., rulemaking by Executive
Agencies. 9
Article
I, Sec.1, U.S. Constitution, says:
All legislative Powers herein
granted shall be vested in a Congress of the United States.
That
little phrase is of immense importance. It means what it says, that only
Congress may make laws: laws are to be made only by
Representatives whom we can fire every two years, and by Senators whom we can
fire every six years.
But
in Joseph Postell’s “must read” paper, “Constitution in Decline“, he shows that during
the administration of the nefarious Woodrow Wilson, Congress began delegating
its lawmaking powers to agencies within the Executive Branch. Since then,
Congress passes an overall legislative scheme, and delegates the details to be
written by un-elected, un-accountable bureaucrats in the various Executive
Agencies. They write the “administrative rules” which
implement the Legislation. The result is the execrable Code of Federal
Regulations (CFR), which is accepted, by the indoctrinated members of my
profession, as “law”. Go here to see the abominable CFR.
May the
President Lawfully Make “Executive Orders”?
The
Guiding Principle is this: The President has no authority to do ANYTHING
apart from constitutional authority or statutory authority (assuming the statute itself
is constitutional).
1. So! Respecting those
matters within his constitutional authority & duties,
and authority & duties imposed by constitutional statutes, the President
may make “orders” – call them “executive orders” if you like.
For
example: It is the President’s constitutional duty “to take care that the Laws
be faithfully executed”. Thus, he has the duty to enforce
[constitutional] laws made by Congress. How does he enforce the laws?
Sometimes, by means of “orders”.
To
illustrate: Say Congress makes a law, as authorized by Art. I, Sec. 8, clause
6, making it a felony to counterfeit the Securities and current Coin of the
United States. If U.S. Attorneys are not prosecuting counterfeiters, the
President should “order” them to do it. Or fire them.
But
say Congress makes a law which purports to make possession of shotguns shorter
than 18 inches a crime. Since the President’s Oath requires him to “preserve,
protect and defend the Constitution”, he is obligated to “order” the U.S.
Attorney General and the U.S. Attorneys to refuse to prosecute anyone for
possession of sawed-off shotguns. Why? Because such a “law” is unconstitutional
as outside the scope of the legislative powers granted to Congress in Our
Constitution. It also violates the Second Amendment.
Clearly,
such an order to refuse prosecution falls within the President’s constitutional
duties (enforce the Constitution), and he is giving an order to people
within the Executive Branch. The President is the one who is charged with
carrying out the Acts of Congress – he has the “executive Power”. But because
of his Oath, he may not carry out unconstitutional “laws”. That is one of the
checks on Congress.
The
President may also properly make orders addressing housekeeping issues within
the Executive Branch: Dress codes, no smoking or drinking on the job, he
may encourage executive agencies to hire qualified handicapped people, and the
like. Just as if you have a business, you may make orders addressing such
matters.
So!
Do you see? The President may lawfully make orders to carry out his constitutionally
imposed powers and duties, and powers bestowed by
statutes which are constitutional; and he may address “housekeeping”
issues within the Executive Branch.
2. But a President may not
lawfully, by means of “orders”, exercise powers not delegated to him by the
Constitution or by (constitutional) Acts of Congress.
Yet
Obama has issued various executive orders which are unlawful because
they are not authorized by the Constitution or by (constitutional) Acts of
Congress. Here are two executive orders which are particularly pernicious
because they undermine our foundational Principle of “Federalism”, and have as
their object the “improper consolidation of the States into one … republic.”: 10
E.O.13575 – Establishment of the White House Rural
Council: This E.O. provides for over 25 federal departments &
agencies to run every aspect of rural life!
E.O. Establishing Council of Governors: The
effect of this E.O. is to erase the Independence and Sovereignty of the States
and consolidate us into a national system under the boot of the Executive
Branch.
Joseph
Stalin couldn’t do better than this. These E.O.s are blatantly unconstitutional
as usurpations of powers not granted in The Constitution! So, Nullify them!
3. Likewise, executive
agencies may not, by means of “administrative rulemaking”, usurp the
powers of Congress. (Remember, because of Art. I, Sec.1, all rulemaking
by executive agencies is unconstitutional)!
Here
are several cases of such unconstitutional rulemaking:
a)
When Congress refused to pass the DREAM ACT, which provided a path to
citizenship for certain categories of illegal aliens, ICE had no authority to implement it, in
whole or in part, by executive “memo”! Power over Rules of Naturalization
(i.e., who qualifies for citizenship and what are the procedures) is expressly
granted to Congress by Article I, Sec. 8, cl. 4, which grants
to Congress alone the Power “To establish an uniform Rule of
Naturalization”.
The
President has no constitutional power over immigration & naturalization
except to enforce the Acts of Congress respecting those subjects. Article II,
Sec. 3, which imposes upon the President the duty to “take care that the Laws
be faithfully executed”, requires the President to enforce
such constitutional Acts of Congress.
But
if Congress refuses to make a law respecting naturalization, a President who
enacts it anyway, via “executive order”, or “administrative regulation”, or
“administrative memo” by his underlings in the various executive agencies, is
acting lawlessly. His unlawful acts should be nullified, and he should be
removed from office for his usurpation.
b)
Congress recently did not pass three sinister and grotesquely unconstitutional
bills Obama wanted: “Card check“, “Cap and Trade“, and the Disclose Act. These bills are unconstitutional
as outside the scope of the legislative powers granted by our Constitution to
Congress. Nowhere does our Constitution give Congress
authority to make laws about labor unions (“card check”), or to regulate carbon
emissions – CO2, the stuff humans and animals exhale, and plants
& trees need for photosynthesis (“cap and trade”), or requiring people with
federal contracts to report their personal political activities to the
Executive Branch (“Disclose Act”)!
Since
Congress may not lawfully make laws on such subjects, no one can. Yet, Obama is
circumventing the Constitution and implementing these three failed &
unconstitutional bills by agency rulemaking or executive order!:
The
National Labor Relations Board, is implementing “card check” by agency
regulation. Read this.
The
Environmental Protection Agency is implementing “cap and trade” by agency
regulation. Read this.
And
it appears that Obama – in furtherance of his “agenda” to reward his supporters
and punish non-supporters – is considering signing an executive order to
implement the Disclose Act. Read this.
So!
Let us sum this up:
The President must always uphold our Constitution. When Congress makes an
unconstitutional law, the President must refuse to implement it; and he may, by
means of executive orders, instruct people in the Executive Branch not to
comply. E.g., if a President orders the U.S. Attorneys to decline to prosecute
persons for possession of sawed-off shotguns, he would be acting lawfully because
Congress has no authority to ban them. But the President is violating the
Constitution when he implements “card check” by agency rules made by the NLRB;
when he implements “cap & trade” by agency rules made by the EPA; and the
“Disclose Act” by executive order, because the President and executive agencies
(as well as Congress) do not have authority over these objects; and further, no
one in the Executive Branch has authority to make “laws”!
What Should
we do about illegal Executive Orders & Rules made by Executive Agencies?
A
Congress filled with he-men and she-women, instead of ignorant cowards, wusses,
and wimps, would impeach obama for his usurpations in signing unconstitutional
executive orders, and in circumventing Congress by having executive agencies
implement, by means of administrative rules, legislation which Congress did not
pass. In Federalist Paper No. 66 (2nd para),
Hamilton expressly states that impeachment is an essential check on a President
who encroaches on the powers of Congress; and in Federalist No. 77 (last para), points out
that impeachment is the remedy for “abuse of the executive authority”.
But
since the people in Congress are too ignorant and weak to rid us of the
abomination in the White House, the States and Counties must nullify
unconstitutional executive orders and administrative rules, or submit to
slavery and the destruction of our Constitutional Republic. Since State and
County officials have taken the Oath to support the U.S. Constitution (Art. VI,
last cl.), they are bound by Oath to refuse to submit to illegal
executive orders and illegal agency rules.
And
of course, WE THE PEOPLE and our businesses must also spit on such illegalities
by the Executive Branch. Our “creature” (Federalist No. 33, 5th para, Hamilton), has
turned into Frankenstein, and has lost all legitimacy. PH
Endnotes:
1 In Federalist No. 45 (9th para), James
Madison, Father of Our Constitution, says,
The powers delegated by the
proposed Constitution to the federal government are few and defined. Those which are to remain
in the State governments are numerous and indefinite. The former will
be exercised principally on external objects, as war, peace, negotiation, and
foreign commerce; with which last the power of taxation will, for the most
part, be connected. The powers reserved to the several States will extend to
all the objects which, in the ordinary course of affairs, concern the lives,
liberties, and properties of the people, and the internal order, improvement,
and prosperity of the State. [boldface added]
2 In Federalist No. 48, Madison points out that in
our representative republic,
…the
executive magistracy is carefully limited; both in the extent and the duration
of its power… (5th para) [i.e., limited & enumerated powers and 4 year
terms]
…the executive power being
restrained within a narrower compass [than that granted to the legislative
branch], and being more simple in its nature… (6th para)
In Federalist No. 75 (3rd para), Hamilton
says,
…The essence of the
legislative authority is to enact laws, or, in other words, to prescribe rules
for the regulation of the society; while the execution of the laws, and
the employment of the common strength, either for this purpose or for the
common defense, seem to comprise all the functions of the executive magistrate…
[boldface added]
In Federalist No. 78 (6th para), Hamilton
says,
…The Executive not only
dispenses the honors, but holds the sword of the community. The legislature
not only commands the purse, but prescribes the rules … The judiciary … has no
influence over … the sword or the purse …and …must ultimately depend upon the
aid of the executive arm … for the efficacy of its judgments. [boldface added].
Read
the list of
the President’s enumerated powers! The President’s powers really are “confined”
and “carefully limited” to carrying out laws made by Congress and enforcing
certain judicial decisions, military defense (a power shared with Congress),
appointing officials (subject to Congress’ approval), and entertaining foreign
dignitaries. That’s it!
3 Only Congress has
the power to declare war (Art. I, Sec. 8, cl. 11)! See clauses 12-16 showing
that Congress has the power to determine the funding
for the military, and to make the Rules for the discipline & training of
the military and the Militia.
4 Re
“Offenses against the United States”: I explain here the criminal laws Our Constitution
permits Congress to make. It’s a short list. Take note, you federal criminal
defense lawyers.
5 I
explain the treaty making power of the United States in two papers here
6 During
the Terri Schiavo case, Alan Keyes spoke
on the radio about the constitutional powers of the President. I seem to recall
that Dr. Keyes spoke of the President’s obligation to exercise his “independent
judgment” as to whether an act of Congress or a federal court opinion is
constitutional. Whatever he said, he opened my eyes, and
enabled me to see the elegant beauty of our Constitution.
7 Hamilton
also says in Federalist No. 33 (6th para)
…it will not follow…that acts
of …[the federal government] which are NOT PURSUANT to its constitutional
powers, but which are invasions of the residuary authorities of … [the States],
will become the supreme law of the land. These will be merely acts of
usurpation, and will deserve to be treated as such… [T]he clause which
declares the supremacy of the laws of the Union [Art. VI, cl. 2]…EXPRESSLY
confines this supremacy to laws made PURSUANT TO THE CONSTITUTION … [caps are
Hamilton's, boldface mine]
8 Madison
says in Federalist No. 44 (last para before 2.):
…the success of the
usurpation [by Congress] will depend on the executive and
judiciary departments, which are to expound and give effect to the
legislative acts; … [boldface added]
The
President must not collude with the legislative or judicial branches to usurp
power over The People! He must honor his Oath!
9 Most
of the existing “federal” executive agencies are unconstitutional. They meddle
in matters which are not the business of the federal government, as power over
the matters is not granted by our Constitution to the federal government. Here
are a few of the unconstitutional federal agencies: the Departments of
Agriculture, Labor, Health and Human Services, Housing and Urban Development,
Energy, Education, Transportation, and Homeland Security. Likewise for the
Environmental Protection Agency, the Federal Communications Commission, the
Office of Science and Technology Policy, the Office of National Drug Control
Policy, the National Economic Council, the Small Business Administration, the
Council on Environmental Quality, etc., etc., etc.
10 Progressives have erased the concept of “federalism”
from our minds. “Federalism” refers to the form of our
government & the division of powers between the national
government and the States. A “Federation” (which is what our Constitution
creates) is an alliance of independent States associated together in a
“confederation” with a national government to which is delegated authority over
the States in specifically defined areas ONLY (i.e.,
the enumerated powers granted to Congress by our Constitution). Those
enumerated powers are the only areas wherein the national government is to have
authority over the States. In all other matters, the States have
supremacy, are independent, and sovereign! Learn more of
“federalism” here and here.
Our
Framers warned against the consolidation of the sovereign States into one
national sovereignty: In Federalist No. 32 (2nd para), Hamilton
writes,
An entire consolidation of
the States into one complete national sovereignty would imply an entire
subordination of the parts; and whatever powers might remain in them, would be
altogether dependent on the general will. But as the plan of the convention
[the Constitution] aims only at a partial union or consolidation, the
State governments would clearly retain all the rights of sovereignty which they
before had, and which were not, by that act, EXCLUSIVELY delegated to the
United States…. [caps are Hamilton's; boldface mine]
Federalist No. 62 (5th para) says,
… the equal vote allowed to
each State is at once a constitutional recognition of the portion of
sovereignty remaining in the individual States, and an instrument for
preserving that residuary sovereignty. So far the equality ought to be no less
acceptable to the large than to the small States; since they are not less
solicitous to guard, by every possible expedient, against an improper
consolidation of the States into one simple republic. [boldface mine]
And
in Federalist No. 39 (6th para), Madison
says,
“But it was not sufficient,”
say the adversaries of the proposed Constitution, “for the convention to adhere
to the republican form. They ought, with equal care, to have preserved the
FEDERAL form, which regards the Union as a CONFEDERACY of sovereign states;
instead of which, they have framed a NATIONAL government, which regards the
Union as a CONSOLIDATION of the States.” And it is asked by what authority this
bold and radical innovation was undertaken? The handle which has been made of
this objection requires that it should be examined with some precision….[caps
are Madison's]
Madison
then gives a brilliant exposition of the “national” and “federal” aspects of
Our Constitution. More than any other Paper, No. 39 addresses the
primary political problem of our Time: The destruction of “federalism” by
eradicating all vestiges of sovereign & independent States.
We
are a trusting People easily lead astray. Make something sound “patriotic”, and
we are all for it. Since 1892, American public school children have been
indoctrinated with the statist Lie that ours is an indivisible national government.
This was done by means of the Pledge of Allegiance: “….one nation …
indivisible…”. Is it any wonder that the author of this nasty bit of poison, Francis
Bellamy, was a socialist who worked with the National Education
Association to institute this statist indoctrination into the public schools? This
pernicious pledge is why you don’t know, and no one knows, that our
Constitution created a “federation” of sovereign & independent States,
united only for the limited purposes enumerated in the
Constitution. Wikipedia has good info on Bellamy.
Comments:
When
your PC is acting up, the standard fix is to reset your computer to a date when
the computer worked properly. You need to do this before your computer crashes.
When
you Federal government is acting up, the standard fix should be to reset your
Federal government to a date when the government worked properly. That would be 1912.
Norb
Leahy, Dunwoody GA Tea Party Leader
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