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 not paying attention and/or are delusional. I never said anything about the Founders not coming up with EO’s. I did say that the Constitution not their acts, is the standard for measuring valid federal acts.
Can’t have a coherent discussion with someone who makes things up like the corrupt media. Dang man, get it straight.
That is precisely the reason for my post here and my new website that isn’t quite done yet https://sonsofconstitutionalliberty.com/.
Where did I complain about Trump? I’m complaining about people like you who fall asleep after their guy gets elected and wakes up only to find that people like Obama have been elected and have used previous unconstitutional federal acts to take away your Free Constitutional Republic.
Get a clue about what it will take to reinstate our Free Constitutional Republic. Either that or go back to sleep.
If and when Congress passes a vague law, the President should before signing, send it back asking for more specificity. The Constitution says clearly that laws are to be made exclusively by Congress. Maybe on an exceptional basis something slips through the cracks and the President may have to work up an EO but he should also notify Congress that they need to amend the law.
The history of EO’s relate to something else that is unconstitutional - Administrative or Regulatory Agencies - not in the Constitution and not accountable to anyone. The Left has taken us down a long and windy Road to Ruin, as Hayek put it. It is up to us to change that.
As I said if Trump is overturning Obama’s clearly unconstitutional EO’s especially the ones expressly done to get around Congress, that’s probably OK. The rest I’m not so sure.
The point is
1) at some point after clearing out Obama’s tryanny, EO’s should be rare and
2) we the people should be asking these questions of any federal official including Trump and making sure that our guy is moving us in the direction of recovery of our Free Constitutional Republic - our ultimate goal.
I didn’t say Trump did/signed something that is un-Constitutional and the Constitution is ALWAYS relevant when it comes to ANY federal act.
Either figure out what you can do to help restore our Free Constitutional Republic or go back to sleep and let the Left keep stealing your freedoms.
Trump is only the first step in a long battle and giving any federal official including Trump Carte Blanche is how we got into this mess in the first place.
Wake up. Maybe you could start by informing yourself what an Executive Order actually is and why it threatens constitutional procedure.
Well a few on this thread get it. Thanks for the post.
I think Trump is able and willing to get up to speed on this stuff. Learning the Constitution doesn’t have to be so difficult. What is difficult is cutting through the morass of Leftist perversions of the Constitution with certain “doctrines” that are counterfeit and unconstitutional.
I’m close to getting this stuff up on my website hopefully soon. https://sonsofconstitutionalliberty.com/
still stands
like it or not, it takes money to make things happen in this world.
Why do you assume I haven’t donated to FR?
If I'm wrong, I apologize.
Everything Trump has done so far has been withing the confines of the law and Constitution - even going the legal route with the renegade judges - if he doesn't push the envelope, we will all lose as things stay the same.
HAHAHAHA Shays Rebellion, overstep of Constitutional POWER by WHO? Thomas Jefferson, also look up SELF RIGhteous, and PERFECT World... heh heh
Shays Rebellion Son...
Hint it won't be a Bush or Cruz. You are the one asleep. You have spent a couple days here trying to tell the man who got elected why everyting he does is stupid and he needs to follow your advice. If you think the current Congress would help him restore the 10th amendment you are crazy.
You’re wrong.
The concern is genuine and the concern is not so much about politicians or Trump but about WE THE PEOPLE getting OUR act together.
Begins by embracing and learning OUR Constitution - https://sonsofconstitutionalliberty.com/ might help - since it is the only bulwark of legal protection of our freedoms against the tyranny of the feds.
Trump should do more than push the envelope - he needs to blow up the envelope - the 70% to 80% unconstitutional portion of the federal government.
Our job is to realize that our Free Constitutional Republic is designed to be slow and inefficient. Dictatorships are efficient.
The standard of valid change and procedure regarding the feds is the Constitution, not somebody’s good ideas or notions of morality. As far as the feds are concerned, somebody’s good ideas or notions of morality may be OK but are not the legal standard of validity - that legal standard is the Constitution.
I think you are suffering from a lack of understanding about what an EO is and does.
Oh?
Executive orders, not contemplated by our Founders or the Constitution,
Post 42 was you wasn't it? Has your handle on it.
I count six EO’s for Reagan. FDR holds the record with over 3,000. The Leftist presidents after Reagan were in the 200-300 range.
One of the main problems with EO’s is they typically are efforts to do the wrong things the right way - but of course there is no right way to do the wrong things. The wrong things are the surfeit of unconstitutional acts and bureaucracies and the noxious and unconstitutional Administrative/Regulatory State.
The feds in an effort to implement unconstitutional laws use EO’s to both make law (often regulations) and enforce law which is basically unconstitutional since Congress is the only constitutionally authorized branch to legislate. So here is a perfect example of how the feds layer unconstitutional means in order to achieve unconstitutional ends.
EO’s, especially excessive EO’s, are a problem. But the bigger problem is the undoing the 70% to 80% unconstitutional portion of the feds. which needs a stake driven into its heart - kill it ‘till it’s dead.
Every freedom-loving American should be concerned about EO’s because they basically unconstitutionally combine lawmaking (ie. regulations) and execution in one Branch and act. Some say they’re necessary. But those who say that generally don’t understand that these “necessary” EO’s are as I said, a means of carrying out unconstitutional laws. All of it needs to go.
Shays Rebellion or Daffy Duck’s Rebellion - couldn’t care less. It is up to the states and the people to demand the feds stay within their constitutional boundaries and take action to nullify unconstitutional federal acts which are by definition acts of rebellion.
Where did I say everything Trump does is stupid?
Go back to sleep.
“I count six EO’s for Reagan.”
Reagan issued 381 EO’s over his 2 terms.
You’re either trying to be slippery, or are just stating opinion as fact without doing any research and hoping nobody will call you on it.
The last POTUS to issue fewer than 100 EOs was Chester Arthur. The only POTUSs in the last century to issue fewer than 200 were Ford, who was in office less than 3 years and still managed 196 of them, and GHWB who issued 166 of them over 4 years.
http://www.presidency.ucsb.edu/data/orders.php
“Under Article II of the Constitution, the President is responsible for the execution and enforcement of the laws created by Congress. Fifteen executive departments — each led by an appointed member of the President’s Cabinet — carry out the day-to-day administration of the federal government. They are joined in this by other executive agencies such as the CIA and Environmental Protection Agency, the heads of which are not part of the Cabinet, but who are under the full authority of the President. The President also appoints the heads of more than 50 independent federal commissions, such as the Federal Reserve Board or the Securities and Exchange Commission, as well as federal judges, ambassadors, and other federal offices. The Executive Office of the President (EOP) consists of the immediate staff to the President, along with entities such as the Office of Management and Budget and the Office of the United States Trade Representative.”
https://www.whitehouse.gov/1600/executive-branch
Nothing even mildly unconstitutional about anything Trump’s done so far in office, and nothing outside the bounds of precedent going at least as far back as the Civil War. Trump’s just doing his job, and doing it better than any living president did during their terms.
“But the bigger problem is the undoing the 70% to 80% unconstitutional portion of the feds. which needs a stake driven into its heart - kill it ‘till it’s dead.”
This is exactly what Trump’s trying to do, but that job is mostly up to our hopelessly corrupt congress. One does what one can in times like these. The EOs are presently necessary because we have a large 5th column contingent within the gov’t engaged in open sedition and treason and fully off the constitutional leash. Short of mass firings or putting them all on trial (can you imagine the media circus that would ensue over that?), it’s the only recourse available.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.