Free Republic
Browse · Search
News/Activism
Topics · Post Article

To: VRWCmember
Clearly, the democrat Congress that passed this law exceeded its Constitutional authority and violated the separation of powers

Please expand on this. I am not following.

32 posted on 12/11/2001 8:40:37 AM PST by VRWC_minion
[ Post Reply | Private Reply | To 27 | View Replies ]


To: VRWC_minion
Please expand on this. I am not following.

The constitution states that the power to appoint "Officers of the United States" (which is what any of these commissioners on an executive branch commission would be) rests with the President with the consent of the Senate. The same article allows the Congress to vest by Law the appointment power (1) to the president alone (i.e. not subject to Senate consent), (2) to the courts of law, or (3) to the Heads of Departments. These are the three choices available. If the congress decides to pass a law vesting in itself the power to appoint the commissioners then the congress has unilaterally granted itself a power that is outside of its authority under the constitution. The constitution was specific in what it granted to the congress regarding vesting the authority to appoint these commissioners and the congress ignored the rules and passed a law granting itself a power it was not constitutionally authorized to grant. What part of this is too hard to follow?

56 posted on 12/11/2001 12:57:46 PM PST by VRWCmember
[ Post Reply | Private Reply | To 32 | View Replies ]

Free Republic
Browse · Search
News/Activism
Topics · Post Article


FreeRepublic, LLC, PO BOX 9771, FRESNO, CA 93794
FreeRepublic.com is powered by software copyright 2000-2008 John Robinson