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Freep A Poll: Should a president use executive actions when congress won’t act on an issue?
Politico ^ | Oct 31, 2014

Posted on 10/31/2014 10:58:09 AM PDT by Ray76

Full title: Do you think a president should be able to use executive actions when congress won’t act on an issue?

Yes       49%
No        48%
Not sure   2%


TOPICS: Miscellaneous
KEYWORDS: tyranny
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1 posted on 10/31/2014 10:58:09 AM PDT by Ray76
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To: Ray76

The answer to this question is found in the U.S. Constitution and it’s a big fat NO!


2 posted on 10/31/2014 11:00:53 AM PDT by G Larry (Amnesty imposes SLAVE WAGES on LEGAL immigrants & minorities)
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To: Ray76

still 48 - 48 and 2 undecided with 3,437 votes


3 posted on 10/31/2014 11:01:52 AM PDT by Seattle Conservative (God Bless and protect our troops)
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To: Ray76

EOs are for administrative issues within the executive branch.

In NO WAY should they be a substitute for Legislation.

Of course, theory and practice vary wildly on this issue!


4 posted on 10/31/2014 11:02:22 AM PDT by left that other site (You shall know the Truth, and The Truth Shall Set You Free.)
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To: Ray76

hopefully Congress would act to impeach such a President


5 posted on 10/31/2014 11:03:14 AM PDT by GeronL (Vote for Conservatives not for Republicans)
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To: G Larry

I fully agree. Congress being silent is the same as if it has acted in the negative.


6 posted on 10/31/2014 11:03:16 AM PDT by Real Cynic No More (Border Fence Obamacare!)
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To: G Larry

Right. What is the point of having a congress if the President can override them whenever they won’t go along.


7 posted on 10/31/2014 11:03:19 AM PDT by all the best
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To: Ray76

No 48% 3480 votes


8 posted on 10/31/2014 11:04:22 AM PDT by Paine in the Neck (Socialism consumes EVERYTHING)
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To: Ray76

No hope. I see morons everywhere.


9 posted on 10/31/2014 11:04:49 AM PDT by ChildOfThe60s ((If you can remember the 60s.....you weren't really there)
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To: Seattle Conservative

Same ratio, 3487 votes


10 posted on 10/31/2014 11:04:56 AM PDT by knittnmom (Save the earth! It's the only planet with chocolate!)
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To: G Larry

Should the military be permitted to do a coup d’etat when the president is clearly violating his oath of office and the other two branches of government either unable or unwilling to restraint him?


11 posted on 10/31/2014 11:05:53 AM PDT by Vigilanteman (Obama: Fake black man. Fake Messiah. Fake American. How many fakes can you fit in one Zer0?)
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To: Ray76

Should Congress demand Psychiatric Evaluations on a President that talks to no one and only plays Golf ?


12 posted on 10/31/2014 11:06:08 AM PDT by molson209 (Blank)
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To: Seattle Conservative

Nearly half of America wants a dictator.
We’re DOOOOOMED!


13 posted on 10/31/2014 11:06:24 AM PDT by Buckeye McFrog
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To: Ray76

Not Sure 2%.......Then why vote, idiot!


14 posted on 10/31/2014 11:06:47 AM PDT by showme_the_Glory ((ILLEGAL: prohibited by law. ALIEN: Owing political allegiance to another country or government))
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To: Real Cynic No More

He can issue an EO to give everyone a million dollars and a pony and make Christianity illegal. It would not be “law”,however. Poll votes would still be 50% or higher.


15 posted on 10/31/2014 11:08:53 AM PDT by epluribus_2 (he had the best mm - ever.)
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To: Ray76

He’s acting contrary to law and under the Constitution, should be impeached and removed from office. The president has no power to make laws.


16 posted on 10/31/2014 11:10:03 AM PDT by kaehurowing
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To: epluribus_2

Some things just don’t need to “get done”. See most this creepy jerks agenda.


17 posted on 10/31/2014 11:10:04 AM PDT by epluribus_2 (he had the best mm - ever.)
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To: Ray76
Public opinion does not matter on this question. The Constitution's checks and balances on power do matter.

Checks And Balances

The Constitutional Structure For 
Limited And Balanced
Government


The Constitution was devised with an ingenious and intricate built-in system of checks and balances to guard the people's liberty against combinations of government power. It structured the Executive, Legislative, and Judiciary separate and wholly independent as to function, but coor­dinated for proper operation, with safeguards to prevent usurpations of power. Only by balancing each against the other two could freedom be preserved, said John Adams.

Another writer of the day summarized clearly the reasons for such checks and balances:

  • "If the LEGISLATIVE and JUDICIAL powers are united, the MAKER of the law will also INTERPRET it (constitutionality).

  • Should the EXECUTIVE and LEGISLATIVE powers be united... the EXECUTIVE power would make itself absolu te, and the government end in tyranny.

  • Should the EXECUTIVE and JUDICIAL powers be united, the subject (citizen) would then have no permanent security of his person or property.

"INDEED, the dependence of any of these powers upon either of the others ... has so often been productive of such calamities... that the page of history seems to be one continued tale of human wretchedness." (Theophilus Parsons, ESSEX RESULTS)

What were some of these checks and balances believed so important to individual liberty? Several are listed below:

  • HOUSE (peoples representatives) is a check on SENATE - no statute becomes law without its approval.

  • SENATE is a check on HOUSE - no statute becomes law without its approval. (Prior to 17th Amendment, SENATE was appointed by State legislatures as a protection for states' rights - another check the Founders provided.)

  • EXECUTIVE (President) can restrain both HOUSE and SENATE by using Veto Power.

  • LEGISLATIVE (Congress - Senate & House) has a check on EXECUTIVE by being able to pass, with 2/3 majority, a bill over President's veto.

  • LEGISLATIVE has further check on EXECUTIVE through power of discrimination in appropriation of funds for operation of EXECUTIVE.

  • EXECUTIVE (President) must have approval of SENATE in filling important posts in EXECUTIVE BRANCH.

  • EXECUTIVE (President) must have approval of SENATE before treaties with foreign nations can be effective.

  • LEGISLATIVE (Congress) can conduct investigations of EXECUTIVE to see if funds are properly expended and laws enforced.

  • EXECUTIVE has further check on members of LEGISLATIVE (Congress) in using discretionary powers in decisions regarding establishment of military bases, building & improvement of navigable rivers, dams, interstate highways, etc., in districts of those members.

  • JUDICIARY is check on LEGISLATIVE through its authority to review all laws and determine their constitutionality.

  • LEGISLATIVE (Congress) has restraining power over JUDICIARY, with con­stitutional authority to restrict extent of its jurisdiction.

  • LEGISLATIVE has power to impeach members of JUDICIARY guilty of treason, high crimes, or misdemeanors.

  • EXECUTIVE (President) is check on JUDICIARY by having power to nominate new judges.

  • LEGISLATIVE (Senate) is check on EXECUTIVE and JUDICIARY having power to approve/disapprove nominations of judges.

  • LEGISLATIVE is check on JUDICIARY - having control of appropriations for operation of federal court system.

  • LEGISLATIVE (Peoples Representatives) is check on both EXECUTIVE and J U DICIARY through power to initiate amendments to Constitution subject to approval by 3/4 of the States.

  • LEGISLATIVE (Senate) has power to impeach EXECUTIVE (President) with concurrence of 2/3, of members.

  • The PEOPLE, through their State representatives, may restrain the power of the federal LEGISLATURE if 3/4 of the States do not ratify proposed Constitu­tional Amendments.

  • LEGISLATIVE, by Joint Resolution, can terminate certain powers granted to EXECUTIVE (President) (such as war powers) without his consent.

  • It is the PEOPLE who have final check on both LEGISLATIVE and EX­ECUTIVE when they vote on their Representatives every 2 years, their Senators every 6 years, and their President every 4 years. Through those selections, they also influence the potential makeup of the JUDICIARY.

It is up to each generation to see that the integrity of the Constitutional structure for a free society is maintained by carefully preserving the system of checks and balances essential to limited and balanced government. "To preserve them (is) as necessary as to institute them," said George Washington.


Footnote: Our Ageless Constitution, W. David Stedman & La Vaughn G. Lewis, Editors (Asheboro, NC, W. David Stedman Associates, 1987) Part III:  ISBN 0-937047-01-5

18 posted on 10/31/2014 11:10:08 AM PDT by loveliberty2
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To: Ray76

Should a president who seeks to destroy America use executive actions when congress won’t act on an issue in an effort to stop him?


19 posted on 10/31/2014 11:12:22 AM PDT by Obama_Is_Sabotaging_America
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To: Paine in the Neck

Yes 47%
No 49%
Votes 3590

Apparently, you can vote more than once. ‘Refresh” is your friend.


20 posted on 10/31/2014 11:12:35 AM PDT by Paine in the Neck (Socialism consumes EVERYTHING)
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