One Political Plaza - Home of politics
Home Active Topics Newest Pictures Search Login Register
Main
the US constitution
Page <prev 2 of 5 next> last>>
Feb 25, 2014 13:53:56   #
PoppaGringo Loc: Muslim City, Mexifornia, B.R.
 
banjojack wrote:
"Laws be faithfully executed" is the implied authority for EOs. That is why they require a legal "finding," in many cases little more than a rubberstamp. Every President has issued EOs, from Washington, (8), to Obama (about 170). It is not, as I said, the number of EOs, but the content that can be troublesome.

Laws be faithfully executed" is the implied authority for EOs


I have always maintained it is the content of the EO's that are the problem, not the quantity.

Reply
Feb 25, 2014 14:25:16   #
Bigmac495 Loc: Indiana
 
MrEd wrote:
Here is a complete list of ALL Presidential powers granted by the Constitution. See if you can find one that says he can write EO's in there. You will notice that a lot of his so called power is "with the advice and consent of the Senate." There is not a lot of stuff that he is allowed to do all on his own when it involves something really important.

All this and more can be found here; http://publiushuldah.wordpress.com/category/enumerated-powers-of-the-president/

"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. "
Here is a complete list of ALL Presidential powers... (show quote)



Wow ! Thanks for posting this link I would hope that all people on this site actually go to this site and do some reading . It's a eye opener!

Reply
Feb 26, 2014 07:49:41   #
Al Barrs Loc: Northwest Florida U.S.A.
 
skott;

Do you think that will change the answer?

Reply
 
 
Feb 26, 2014 08:13:21   #
Al Barrs Loc: Northwest Florida U.S.A.
 
Everything else a President does is also a direct violation because of the rights enumerated in Amendment 9 and 10 of the U.S. Bill of Rights...which are God-given RIGHTS of the INDIVIDUAL in the U.S.A...

BILL OF RIGHTS (1791)
________________________________________
Amendment IX
The enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people.
________________________________________
Amendment X
The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.

NOTE: The words "United States" here means the 3 Branches of Government and the Federal bureaucracy...a body of non-elected government officials and/or an administrative policy-making group. Historically, bureaucracy referred to government administration managed by departments staffed with non-elected officials.
________________________________________

Reply
Feb 26, 2014 10:56:38   #
Bigmac495 Loc: Indiana
 
Constitutional libertarian wrote:
If I understand it correctly it is the presidents responcibility to ensure the enforcement of laws passed by congress. Within this responcibility there is occasion to interpret or clarify specific components within a law. Excutive orders are for the president to use when clarification is nessasary for the implimentation of congressional legislation.


I don't see it that way. I thought it said the president can use E.O.'s to carry out and enforce the laws of Congress. I didn't see anywhere it said he can change or interpret the law differently than it was passed by E.O. But I guess from your last sentence we are saying the same thing just in different ways.

Reply
Feb 26, 2014 11:22:40   #
Constitutional libertarian Loc: St Croix National Scenic River Way
 
Bigmac495 wrote:
I don't see it that way. I thought it said the president can use E.O.'s to carry out and enforce the laws of Congress. I didn't see anywhere it said he can change or interpret the law differently than it was passed by E.O. But I guess from your last sentence we are saying the same thing just in different ways.


Correct it is there to assist him in carrying out his duties of enforcing the laws passed by congress.

There are many here who say but but but so and so did x many EO's. To be perfectly honest I have no idea what the Bush's or Clinton did or tried to do with EO's. But we do know what Obama is doing with them.

I think it is also just as wrong for fed gov agencies to create new laws and regulations outside of congressional legislation. Like the EPA banning 90% of wood burning stoves in the market today.

Reply
Feb 26, 2014 11:28:04   #
Loki Loc: Georgia
 
Constitutional libertarian wrote:
Correct it is there to assist him in carrying out his duties of enforcing the laws passed by congress.

There are many here who say but but but so and so did x many
EO's. To be perfectly honest I have no idea what the Bush's or Clinton did or tried to do with EO's. But we do know what Obama is doing with them.

I think it is also just as wrong for fed gov agencies to create new laws and regulations outside of congressional legislation. Like the EPA banning 90% of wood burning stoves in the market today.
Correct it is there to assist him in carrying out ... (show quote)


We are not a "Limited Federal Republic" any longer. Our representatives have abdicated the day to day of governance to unelected, unresponsive, unaccountable and unfireable bureaucrats, who, like the politicians responsible for their existence, are usually underbrained and overpaid. You see, our "elected representatives" realize that most people simply are too stupid, or uncaring, or gullible to care what they do. Therefore, they appoint apparatchiks to do the job we hired them to do, and spend their time and our money getting re-elected repeatedly so they can protect us from career politicians.

Reply
 
 
Feb 26, 2014 12:07:54   #
Constitutional libertarian Loc: St Croix National Scenic River Way
 
banjojack wrote:
We are not a "Limited Federal Republic" any longer. Our representatives have abdicated the day to day of governance to unelected, unresponsive, unaccountable and unfireable bureaucrats, who, like the politicians responsible for their existence, are usually underbrained and overpaid. You see, our "elected representatives" realize that most people simply are too stupid, or uncaring, or gullible to care what they do. Therefore, they appoint apparatchiks to do the job we hired them to do, and spend their time and our money getting re-elected repeatedly so they can protect us from career politicians.
We are not a "Limited Federal Republic" ... (show quote)


Everyone has a choice do we allow our great experiment to fail and fall into their new world order or do we fight for what so many others have fought and died for.

No outside force can destroy us we can only be destroyed from the inside.

Reply
Feb 26, 2014 12:14:37   #
Bigmac495 Loc: Indiana
 
banjojack wrote:
We are not a "Limited Federal Republic" any longer. Our representatives have abdicated the day to day of governance to unelected, unresponsive, unaccountable and unfireable bureaucrats, who, like the politicians responsible for their existence, are usually underbrained and overpaid. You see, our "elected representatives" realize that most people simply are too stupid, or uncaring, or gullible to care what they do. Therefore, they appoint apparatchiks to do the job we hired them to do, and spend their time and our money getting re-elected repeatedly so they can protect us from career politicians.
We are not a "Limited Federal Republic" ... (show quote)


Hey ! Since Obama gets millions of campaign dollars from unions , maybe He has every politician signed up in a union ! remember he said on national T.V. he owed the unions !

Reply
Feb 26, 2014 13:03:09   #
Homestead
 
halthecomish wrote:
Where in the constitution does it give the president excutive powers?If not-where does it give congress the power to give it to the president?


The president is the executive branch. That is the branch that has executive powers.

I think your talking about executive orders, where do they come from?

Executive orders are the prerogative of the president, in executing his duties as president.

The congress is the legislative branch of the government, the branch that creates laws, and they don't always include the means for executing a law they've passed. Executing laws is not their jurisdiction.

So the president can issue an executive order that's needed to execute, (enforce,) a law passed by congress.

The problem comes in when the president issues executive orders, not to enforce the laws of the country, but, in fact creates new laws not passed by congress. That's legislating which the president is forbidden to do.

We have this muddy mess, because, the congress has transferred it's legislative powers to the bureaucracies it has created. The transfer of legislative powers to bureaucracies is unconstitutional, but, they've been doing it for decades now.

OSHA is created and given the power to make rules that have the force of law. This is legislating, by people that were not elected for that purpose and the public has no representation or any say in their creation.

This is unconstitutional.

Reply
Feb 26, 2014 13:13:26   #
Al Barrs Loc: Northwest Florida U.S.A.
 
The Constitution of The United States of America never proposed to give anyone any "prerogative" PERIOD! The Constitution of The United States of America clearly and in plain English says NOTHING about a "prerogative of the president"!

The President has no prerogative...he or she has ONLY constitutionally delegated powers and prohibitions given by the People and clearly outlined in the U.S. Constitution.

Making up prerogatives will eventual lead to a despotism form or government replacing our constitutionally guaranteed republican form of government... Making up prerogatives are the same unconstitutional action as "legislating from the bench" or "judicial activism", which is today rampant in federal courts and the U.S. Supreme Court...

Reply
 
 
Feb 26, 2014 13:25:48   #
permafrost Loc: Minnesota
 
MrEd wrote:
Here is a complete list of ALL Presidential powers granted by the Constitution. See if you can find one that says he can write EO's in there. You will notice that a lot of his so called power is "with the advice and consent of the Senate." There is not a lot of stuff that he is allowed to do all on his own when it involves something really important.

All this and more can be found here; http://publiushuldah.wordpress.com/category/enumerated-powers-of-the-president/

"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. "
Here is a complete list of ALL Presidential powers... (show quote)



This is only a smidgin of the information available on EOs, I think at least one of Obama s EOs is under Judicial review as mentioned. EOs are very legal and are nothing new at all.. If Obama was issuing illegal orders, they would quickly be struck down...

Basis in United States Constitution

There is no constitutional provision nor statute that explicitly permits executive orders. The term "executive power" Article II, Section 1, Clause 1 of the Constitution, refers to the title of President as the executive. He is instructed therein by the declaration "take Care that the Laws be faithfully executed" made in Article II, Section 3, Clause 5, else he faces impeachment. Most executive orders use these Constitutional reasonings as the authorization allowing for their issuance to be justified as part of the President's sworn duties,[2] the intent being to help direct officers of the U.S. Executive carry out their delegated duties as well as the normal operations of the federal government: the consequence of failing to comply possibly being the removal from office.[3]

An executive order of the President must find support in the Constitution, either in a clause granting the President specific power, or by a delegation of power by Congress to the President. [4]

Reply
Feb 26, 2014 15:39:58   #
vernon
 
skott wrote:
Before we play this game, did you ask the same questions for previous presidents that actually used executive powers more often than the sitting president?



just where in that comment do you see him asking about a certain president

Reply
Feb 26, 2014 15:44:38   #
adennya Loc: Berthoud, CO
 
quote=halthecomish]Where in the constitution does it give the president excutive powers?If not-where does it give congress the power to give it to the president?[/quote]

Article II

Section 1. The executive power shall be vested in a
President of the United States of America.

and:

Before he enter on the execution of his office, he shall take
the following oath or affirmation: "I do solemnly swear
(or affirm) that I will faithfully execute the office of
President of the United States, and will to the best of my
ability, preserve, protect and defend the Constitution
of the United States."

et. al.

Reply
Feb 26, 2014 15:48:21   #
vernon
 
skott wrote:
In that case, the constitution gives the congress to write laws. In past laws, they have given "executive powers" to help the president, no matter who it is to better implement the laws, which is enumerated in the constitution.

Without executive powers, no changes would be possible without a new law from congress. This type of government sucks and is inefficient. I live in Alabama, where we have a constitution that makes us vote on every single change. It has resulted in the longest constitution in the world (eight times longer than the next longest anywhere worldwide). It truly is sadly and completely inefficient.
In that case, the constitution gives the congress ... (show quote)


did you ever consider that we have to many laws,i dont think we need to be micromanaged

Reply
Page <prev 2 of 5 next> last>>
If you want to reply, then register here. Registration is free and your account is created instantly, so you can post right away.
Main
OnePoliticalPlaza.com - Forum
Copyright 2012-2024 IDF International Technologies, Inc.