BLOG #8, February 21, 2014 (Rule of Laws, not rules of men)
As most of you realize there has been a battle going on between the
Democrats, Republicans, and the executive branch for most of the past five
years. All three of these entities have the lowest approval rating in many
years. This phenomenon as I have pointed out before did not really start
with the Obama election in 2008. It started with the progressive movement
in the early 1900s, which changed the direction under our Constitution
when Amendments XVI & XVII were ratified by the “Several States.” In my
opinion these two amendments change the direction of our Constitution as
envisioned by the Founders in 1787. Almost from the beginning of the
Republic, the Constitution has been attacked many times right up to the
present.
President Obama is not the first executive to bypass the Congress
when he has not gotten what he wants. This of course does not make it
correct to violate Constitutional Law. In this Blog I will deviate from the
direction I have taken in prior writings, because I think there are some
fundamental rules that are being ignored by all three branches of our
Republic – the Congress, the Executive Branch, and the Judicial Branch. I
would like to concentrate on those sections of the Constitution which, in my
opinion, have been broken almost daily.
The very first section of Article I states the following: “All legislative
Powers herein granted shall be vested in a Congress of the United States,
which shall consist of a Senate and House of representatives.” Section 7,
Clause 2 states: “Every Bill, which shall have passed the House of
Representatives and the Senate, shall, before it becomes a Law, be
presented to the president of the United States. If he approves he shall sign
it, but if not he shall return it, with his Objections to that House in which it
shall have originated, who shall enter the Objection at large on their
Journal, and proceed to reconsider it. If after such Reconsideration two
thirds of that House shall agree to pass the Bill, it shall be sent, together
with the Objections, to the other house, by which it shall likewise be
reconsidered, and if approved by two thirds of that House it shall become
Law. . . .If any Bill shall not be returned by the President within 10 Days
(Sundays excepted) after it shall have been presented to him, the Same
shall be a Law, in like Manner as if he had signed it, unless the Congress by
their Adjournment prevent its Return, in which Case it shall not be a Law.”
As pointed out in previous Blogs, Section 8 of Article I list the Powers
granted by the Constitution to the Congress. Clause 18 Of Section 8 states
that the Congress is: “To make all Laws which shall be necessary and
proper for carrying into Execution the foregoing Powers, and all other
Powers vested by this Constitution in the Government of the United States.”
Article II, has to do with the Executive Branch, and in Section 1,
Clause 8 it states that the President shall: “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 the
President, and will to the best of my Ability, preserve, protect, and defend
the Constitution of the United States.’ ” And in Section 3, of Article II: “. . .
.take Care that the Laws be faithfully executed, and shall Commission all
the Offices of the United States.” This statement clearly does not give the
President the Power to legislate but only to execute “faithfully” the Laws
which the Congress has the power to create. There isn’t sufficient time to
explain all of this in one Blog but does require, if interested, than one does
some research on this issue. I would suggest that you read The Federalist
Papers, a copy of my book as well Mark Levin’s book entitled The Liberty
Amendment that will help you understand what has gone on for so many
decades by too many of our Chief Executive Officers, the President.
Executive Orders (Eos) issued by a President is in itself not a bad
thing. The President should use them to execute the laws passed by the
Congress and signed by him. But it is not within his Constitutional Powers to
change, add to, or delete a single word, sentence, or paragraph from that
which was signed into law. EOs should only be used to instruct the concern
departments of government in implementing the laws.
If and when a President takes it upon himself to change a law it is up
to the Congress to call his hand on this violation of the Constitution. Failure
to take such action, in effect, makes the Congress a partner in such a
violation. The Constitution’s Checks and Balances provide that one Branch
may take whatever action necessary over another Branch if it, in fact, has
violated the Constitution.
In closing let me share a couple of statements by The Founders as to
their feelings on the “Rule of Law” rather than the rule of men. John Adams,
our second President, put it bluntly in the Novanglus N0. 7, 1776: “A
government of laws, and not of men.” (Note: A series of essays by Adams.)
Thomas Jefferson, in his Notes on the State of Virginia, 1782 wrote:
“We lay it down as a fundamental, that Laws, to be just a reciprocation of
right; that, without this, they are mere arbitrary rules of conduct, founded
in force, and not in conscience.”
And lastly, quoting Alexander Hamilton in Federalist No. 25, December
2, 1787: “Wise politicians will be cautious about fettering the government
with restrictions that cannot be observed, because they know that every
break of the fundamental laws, though dictated by necessity, impairs that
sacred reverence which [is] all to be maintained in the breast of rules
towards the Constitution of a country.”
P. S. I hope that you are benefiting from my Blogs and are receiving some
good information about your Constitution and your government. This is my
intention and I am happy to say that with over 1000 recipients less than
5% have requested not to receive them. To help me to know what is on
your mind it would be very helpful if you have any comments or questions
that you would like to put forth. I may be asking for more than I am able to
respond but I certainly will try my best. I am not only looking for positive
statements but negative as well. I know that I do not have all the answers
but I do feel that I know my Constitution and try to respond within its
bounds. Look forward to hearing from you anytime.