- Yes Atlas, but Mangus denies with great consistency any authority for interpretation. He's literally hung his constitutional hat on that by all his past opinion posting. Using his illogic we can now officially disband the Judiciary Branch of governance(federal and state) as not needed and unnecessary,because Mangus is in sole charge of defining meaning in OUR Constitution. Does that work for you?EXAMPLE: He has defined the scope of Executive Branch power thusly:Now I don't know the obvious reading you have of that, but mine is the executive has whatever UNILATERAL power it sees fit to exercise. That is an unadulterated and obvious translation of his own comment. That is what I mean when I say his illogicpaints him in a corner every time.Another example follows immediately:Untrue! An almost melodious rendering of inanity. There is no Advise and Consent process for the issuance of XOs. So he's wrong again. What there is, is an unchecked opening for abuse that needs to be challenged. There is no direction ANYWHERE in our Constitution to give each succeeding President such selective abuse of power. Can you spell...P-a-t-r-i-o-t- A-c-t and H-o-m-e-l-a-n-d S-e-c-u-r-i-t-y?
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- Doctor NO!Again you do not read the post or you do not comprehend what was said and linked to sources . . Read the Articles here . .Then please read Article III and the XI amendment . . . I must have missed the part where the Courts are given any power over the States only over the Federal relationship with the States. There is no language giving the Supreme court the power over the Legislature or the Executive. The Executive has the power of the Sword and the Legislature has the power of Purse and the court has POWER over Neither.Again you misquote my post attempting to put word unspoken in my mouth . . Did not say a word about Executive Orders but will tell you that even Washington used them . . You continue to invent what fits into your INTERPRETATIVE DEMOCRACY but that does not prove a single premise now does it? I said the Executive can use his power of Executive discretion. [Just like the courts have said AG Holder now posses in Arizona.]So, you discression is still stinking up the Constitutional Republic - maybe stand down wind would improve the situation?
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- The Executive has the full Constitutional powers to make Executive management decisions - there is no new power Read the Constitution. The President proposes and the Congress disposes = then the Executive decides how the law will be staffed and the nature of the requirements to execute the desires of the law.So, IMO there is not a Constitutional issue here but an allowed management option of the Executive -
Article II
Section 1. The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector.The Electors shall meet in their respective States, and vote by Ballot for two Persons, of whom one at least shall not be an Inhabitant of the same State with themselves. And they shall make a List of all the Persons voted for, and of the Number of Votes for each; which List they shall sign and certify, and transmit sealed to the Seat of the Government of the United States, directed to the President of the Senate. The President of the Senate shall, in the Presence of the Senate and House of Representatives, open all the Certificates, and the Votes shall then be counted. The Person having the greatest Number of Votes shall be the President, if such Number be a Majority of the whole Number of Electors appointed; and if there be more than one who have such Majority, and have an equal Number of Votes, then the House of Representatives shall immediately chuse by Ballot one of them for President; and if no Person have a Majority, then from the five highest on the List the said House shall in like Manner chuse the President. But in chusing the President, the Votes shall be taken by States, the Representation from each State having one Vote; a quorum for this Purpose shall consist of a Member or Members from two thirds of the States, and a Majority of all the States shall be necessary to a Choice. In every Case, after the Choice of the President, the Person having the greatest Number of Votes of the Electors shall be the Vice President. But if there should remain two or more who have equal Votes, the Senate shall chuse from them by Ballot the Vice President.[Note: superceded by Amendment XII]The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States.In Case of the Removal of the President from Office, or of his Death, Resignation, or Inability to discharge the Powers and Duties of the said Office, the Same shall devolve on the Vice President, and the Congress may by Law provide for the Case of Removal, Death, Resignation or Inability, both of the President and Vice President, declaring what Officer shall then act as President, and such Officer shall act accordingly, until the Disability be removed, or a President shall be elected.[Note: modified by Amendment XXV]The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.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.”Section 2. The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.Section 3. He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
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- Executive is to implement the directions of Congress. Some latitude is allowed for "management".Issuing EO's that usurp the legislation's intent (law) that was passed by Congress is not included in 'management discretion'.It is a lousy way to govern where the situation is that Congress is forced to sue or impeach the Executive in order to enforce the spirit and intent of passed legislation.Foments democracy, where the law is determined by a man, popularly elected by the citizens of a nation.No rationalization in this regard works for me, and many of the Founders saw the danger in it as well.
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- a guy on tv today praising Romney's speech said this about voters;'They have to be comfortable with somebody, at a basic level, to put them in the oval office and give them ultimate power over the lives of us all.'it's so ingrained right now it's sad
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- Exactly Teddy. Its why I found the RP "movement" so hypocritical - all their hopes and solutions placed on one man in one postiion, yet they claim to be "constitutional" - BS IMO.So easy to think that if they could just get the right man in there, he could restore the constitution by EO. I did not hear Romney say that he needs us to elect a Congress so he can accomplished the stated goals. All I will, this and that.Rip Van Republic snoozes. Functional democracy. Which king shall we elect, makes us "free"?Typical of the Reindeer Games season. Oh well.
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