Posted on 02/04/2017 11:36:33 AM PST by Jim W N
From what I can tell, an executive order combines legislative and executive powers in one act and one office, the substance of a dictatorship. The Constitution does not allow the executive branch to make law.
"All legislative Powers granted herein shall be vested in a Congress of the United States..." (Art I, Sec 1 - U.S. Constitution).
From what I can tell, the only valid Trump executive orders may be those repealing Obama's stench of unconstitutional executive orders.
It's not enough to cheer Trump's good intentions in wanting to right decades of wrong-doing by the feds. Constitutionally, HOW is just as, if not more, important than WHAT when it comes to federal action. Other than overturning Obama's surfeit of unconstitutional executive orders, which of Trump's executive orders are not unconstitutional and shouldn't first be passed as law in Congress?
WE THE PEOPLE need to be more than semi-mindless cheerleaders for "our side". We need to be watchdogs verifying the constitutionality of federal acts including those done by those we have elected. "Trust but verify", Ronald Reagan said in reference to treaties which effectively is the same as electing government officials. "Trust but verify" is exactly what we the people should be doing with our elected officials including Trump.
Tyranny on the Right is just as dangerous as tyranny on the Left because "benevolent" tyranny will sooner or later become very malignant, malevolent, and deadly tyranny.
We the people must once again understand that freedom comes from the feds being constrained by the objective Rule of Law (in America that is the Constitution) and tyranny comes from the feds unrestrained and limited only by their own subjective whimsy and morality - the rule of man.
In America, the only legal bulwark of protection of our freedoms against the tyranny of the feds is the Supreme Law of the Land, the Constitution as written and originally understood and intended. Our job in re-birthing our Free Constitutional Republic beginning here and now, is to reinstate the Constitution front and center as the Supreme Law of the Land against the feds.
You're couching your ignorance of federal statutes and the Constitution in noble language, but it's really just a waste of good oxygen, and little more than a face saving effort on your part.
You've wasted a lot of good Freepers' time and attention with this silliness. Now go educate yourself, and quit wasting JimRob's bandwidth.
You don’t know what the freak you’re talking about. YOU show YOUR ignorance about what an Executive Order really is and what the constitutional implications are.
You’re basically a sniper with nothing affirmative to offer. God away.
That’s GO away.
George Washington wrote the first EO.
William Henry Harrison was the only one who did not write any and that would have been because he died 31 days after inauguration.
Good night, silly man. Hope you have a more informed day, tomorrow.
I don’t accept that definition. Any order by the executive is an executive order.
The history of EO’s is they were used very sparingly and were oftentimes questionable. George Washington isn’t the standard for valid federal action. The Constitution is.
Good night ignoramus.
Good to know.
Well you don’t have to accept the formal legal definition of “executive order” but that is what it actually is. You can’t really pick and choose which definitions you like and don’t like. That is what an “executive order” is. It is a formal legal term - called a “legal term of art”. You’re not accepting that doesn’t change it.
You are probably confusing “enforcement of the law” (the job of the executive branch) with “executive order”. They are two different things.
They were Founders. And maybe their executive orders were valid. But they were used very sparingly. Again, the measure of federal validity isn’t the Founders, it is the Constitution.
Probably wise.
From what I can tell you are flailing around looking for something to be upset about but not really having anything you just thought you would jump up and down and scream for attention.
It's fine.
But before you start a thread you might want to give some thought to what you are actually upset about and writing it out precisely giving examples as you go.
Your contention that the founders did not come up with EO's when they wrote the first ones is nearly as funny as you trying to say you understand the Constitution better then the guys who wrote it.
I didn't make it clear that I was talking about how many not enumeration.
And speaking of Congress, executive orders also need to be reasonably based on powers that the states have expressly constitutionally delegated to the feds, most of those limited powers listed in the Constitution’s Section 8 of Article I.
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
Also, the main problem with unconstitutional executive orders is arguably not the Oval Office, but a corrupt, state sovereignty-ignoring Congress that that refuses to stop lawless presidents like former Obama from making them.
And while I gladly voted for Trump, I think that patriots will need to get constitutionally low-information President Trump up to speed on the significance of expressly delegated federal powers ASAP so that he doesn’t steal state powers to make unconstitutional executive orders like career lawmakers let Obama away with doing.
Note that by letting federal officials outside the legislative branch, elected and non-elected, get away with stealing state powers, such officials then using those stolen powers to oppress the sovereign states and their citizens, corrupt federal lawmakers are able to protect their voting records. And by protecting their voting records, crook lawmakers are able to fool low-information patriots into reelecting them.
Drain the swamp! Drain the swamp!
Remember in November ’18 !
Since Trump entered the ’16 presidential race too late for patriots to make sure that there were state sovereignty-respecting candidates on the primary ballots, patriots need make sure that such candidates are on the ’18 primary ballots so that they can be elected to support Trump in draining the unconstitutionally big federal government swamp.
Such a Congress will also be able to finish draining the swamp with respect to getting the remaining state sovereignty-ignoring, activist justices off of the bench.
Noting that the primaries start in Iowa and New Hampshire in February ‘18, patriots need to challenge candidates for federal office in the following way.
Patriots need to qualify candidates by asking them why the Founding States made the Constitution’s Section 8 of Article I; to limit (cripple) the federal government’s powers.
Patriots also need to find candidates that are knowledgeable of the Supreme Court's clarifications of the federal government’s limited powers listed below.
“Congress is not empowered to tax for those purposes which are within the exclusive province of the States.” —Justice John Marshall, Gibbons v. Ogden, 1824.
”State inspection laws, health laws, and laws for regulating the internal commerce of a State, and those which respect turnpike roads, ferries, &c. are not within the power granted to Congress [emphasis added].” —Gibbons v. Ogden, 1824.
”From the accepted doctrine that the United States is a government of delegated powers, it follows that those not expressly granted, or reasonably to be implied from such as are conferred, are reserved to the states, or to the people. To forestall any suggestion to the contrary, the Tenth Amendment was adopted. The same proposition, otherwise stated, is that powers not granted are prohibited [emphasis added].” —United States v. Butler, 1936.
The Constitution already lost, we have to put it back but the Congress that destructed it is not likely to put it back in place. Trump's biggest obstacle will be the Royalty in the GOP.
I have no leftist friends or week kneed pretend conservatives either. Quit complaining about Trump and see what he brings. If Trump cannot deliver then wave the Constitution or do something, anything.
Consider an executive order to be a statement of priority, or clarification on the proper and faithful execution of existing law.
In many cases, he can’t just call the agency in question and ask them pretty please nicely to do their job. That would lead to chaos and claims of miscommunication - and give the agencies in question excuses for laying down on the job. There are also many in the federal gov’t engaged in active subversion and outright treason at this point and they’re not going to actually do their damn job unless the boss puts them on it formally in writing.
Many laws have executive discretion explicitly written into them. Trump has not only the constitutional authority, but the responsibility to his constituents (all of us) to ensure legislation is being carried out dutifully and towards the desired end. I haven’t seen anywhere in this thread where you’ve brought up one single Trump EO that would even remotely qualify as “legislating” from the Whitehouse.
Nothing even totalitarian or dictatorial about it. The man is just doing his job.
If he hasn't, then the argument is not relevant - it's a matter for folks who are "oh-so-concerned about the potential tyrant Trump"....
How about worrying about something that you can actually act on today....
That is who i meant.
I suppose i am ranting more than anything.
President Trump may very well return America to it’s default setting (nation of laws)
However, along comes an obama.
Who claims to be about ‘hope and change’. Who claims he is a ‘Constitutional Scholar’ Who claims to be American citizen but is unable to produce a BC for how long?
Who claims he went to various universities yet we can not see his records.
Who seem took the side of the thugs, invaders and or muslims over hard working American citizens?
And the same people that covered for him (MSM) is more than willing to do it for the next ‘obama’.
And, IT starts all over again.
I suppose it is the never ending battle of good and evil.
I mean,Who wants big government..unless they want something from other people tax money?
Why do lifer dog politicians retire filthy rich?
Who wants unfair taxes..unless you want it to favor you?
Why are politicians protecting illegal invaders.
If right-wingers were killing as many people as muslims were. It would be 24/7 in the news.
Yet, muslims, thug criminals and illegal are killing our citizens and they would have us believe there isn’t a problem?
Or, actually its somehow the fault of Conservative Republicans?
Okay, rant over.
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