We've heard a lot about "Executive Orders" lately, whereby Obama is
simply declaring things to be laws through executive orders that are not
authorized by any Act of Congress. Is this legal, is it constitutional ?
Article II, Section 1 of the Constitution specifies the oath a person must
take before he can exercise the powers of the presidency. This Article is
referred to as the Take Care Clause. Obama has sworn twice that "he will faithfully execute the Office of the President...preserve, protect and defend the Constitution of the United States." Section 3 of the same Article imposes "he shall take Care that the Laws be faithfully executed." This means that the president will adhere to each provision of the Constitution, enforce and administer all federal statutes and treaties, and defend those laws if they are challenged in court.
We have seen Obama simply declaring things to be laws through executive orders that are not authorized by any Act of Congress. The Take Care Clause requires the President to carry out every Act of Congress adopted by the American people's legislators. He can never make those laws. It also requires the president to obey every provision in the Constitution, never stepping beyond any of its limitations.
The Constitution of the United States divides the federal government into three branches: Legislative, Executive and Judicial. This ensures that no individual or group gains too much control of our central government. According to the Constitution:
The Legislative Branch (Congress) makes laws.
The Executive Branch (President, Vice President, Cabinet) is responsible to carry out and enforce the laws enacted by the legislative branch.
The Judicial Branch (Supreme Court and Other Courts) interprets the meaning of laws, applies laws to individual cases, and decides if laws violate the Constitution.
Each branch of government can change acts of the other branches as follows:
-The president can veto laws passed by Congress.
-Congress confirms or rejects the president's appointments and can remove the president from office in exceptional circumstances.
-The justices of the Supreme Court, who can overturn unconstitutional laws, are appointed by the president and confirmed by the Senate.
The U.S. federal government should seek to act in the best interests of its citizens through this system of checks and balances. Perhaps the words, Dictator, Tyrant, Treason are appropriate when describing the current administration. Are there exceptional circumstances? It's time for Americans to Wake Up, Speak Up and Act Up.Get involved with elections on all levels. Americans can no longer afford to quietly go about their business of work, shop, play, rest...we must take action to protect our constitution and our rights.
I look forward to seeing all of you at our March11 dinner, which will be held at the Crowne Plaza. Please be sure to invite a friend, neighbor or business associate, they do not need to be a Republican to attend . In Your Service, Lois Welsh