Presidential Executive Orders does have many constitutional scholars and citizens concerned. According to the Constitution, the President is only to execute the laws of Congress. He is commander and chief during times of war when the Congress makes a declaration.
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WE HAVE 23,000,000 MILLION AMERICANS OUT OF WORK! Obama uses an Executive Order to GIVE 800,000 ILLEGAL IMMIGRANTS WORK PERMITS! WHY??? WHY did he chose to do this instead of signing an Executive Order to implement the Job’s Bill that could have put AMERICAN CITIZENS BACK TO WORK??? WHY???
Since Abraham Lincoln became the President. The concern of the powers of the President does have many people concerned. The power grabs Lincoln did before and during the war of northern aggression does reveal history’s worst nightmare. The President acting as a dictator.
Presidential executive orders were meant for the administrative functions within government. It was meant for carrying out the daily business in the constitutional role executing the laws of Congress. Today Presidential executive orders now are used to bypass congress. These Presidential executive orders are now used to circumvent the Constitution and the Bill of Rights. They violate the separation of powers. COngress is supposed to make the laws. Not the President.
President Lincoln suspended the writ of Habeas Corpus, He had the Military seize Telegraph lines and Railroads, He did it with Presidential executive orders without the consent of Congress. President Lincoln set the precedent using Presidential Executive orders. President Lincoln used executive orders to even seize property of anyone who opposed him. Meaning his political enemies. He arrested congressmen and journalist under executive orders. He did this under the pretense of a national emergency. Congress abrogated it authority too many times and remained silent.
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In the 20th century. President Franklin D. Roosevelt signed Presidential Executive orders assuming new powers not given to him in the constitution. His excuse was under the guise of a national emergency. The were broad and sweeping powers usurping authority from the several states and other branches of government. His most famous executive order was making illegal for Americans to own gold. The order demanded the citizens turn in their gold to the Federal Reserve Bank. FDR used the executive pen to expand the size of government.
The courts have been mostly silent opposing Presidential Executive orders.The Courts upheld the executive order to keep Japanese Americans in interment camps during World War II. This is one of the miscarriages of justice in our history. Next to slavery, detaining Japanese Americans without the right of habeas corpus is a scourge on our history. The courts did not correct this unconstitutional act depriving these people life, liberty and property without due process of law.
When Harry Truman was President, The court struck down one of his Presidential Executive Orders. Pres. Truman signed executive order 10340 taking control of the steel industry during the Korean war. In the case ofYoungstown Sheet & Tube Co. v. Sawyer, The US Supreme Court ruled against the Truman administration. Giving the majority opinion. Justice Hugo Black said :
President had no power to act except in those cases expressly or implicitly authorized by the Constitution or an act of Congress.
The tragedy of such stalemates might be avoided by allowing the President the use of some legislative authority.The Framers with memories of the tyrannies produced by a blending of executive and legislative power rejected that political arrangement. Some future generation may, however, deem it so urgent that the President have legislative authority that the Constitution will be amended. We could not sanction the seizures and condemnations of the steel plants in this case without reading Article II as giving the President not only the power to execute the laws but to make some. Such a step would most assuredly alter the pattern of the Constitution…”
Too bad the Presidents after him did not remember the High Court rulings on executive orders. Presidents after him use the power of Presidential Executive orders to usurp the powers of congress, the several states and the people.
The US Supreme Court struck down Pres. George W. Bush’s executive order setting up military tribunals to conduct trial for detainees held at Gitmo. The court ruled in Hamdan v. Rumsfeld,. The executive order violated the Uniform code of Military Justice and the Geneva convention.
President Obama used the powers of Presidential executive orders to enforce Cap and Trade and just recently cyber-security. These documents were signed when legislation has failed to pass Congress. Does the President have these implied powers to bypass the congress and the will of the people? Do we have to comply with these unconstitutional Presidential Executive orders?
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The truth is Sheriff Mack vs Brady Bill does say the States and the people do not have to comply with unconstitutional directives or laws from Washington DC. The landmark ruling upheld the 10 Amendment restoring states rights.This means the people or the state governments are not obligated to follow the President’s executive orders that violates the law of the land with authority he does not have. Federal law canot compell state governments and the people to follow unconstitutional laws.
All just powers derive from the consent of the governed. We never consented the President of the United States to have implied powers using Presidential executive orders to bypass, circumvent or usurp the power that rest in the people’s hands. This is why ever since the President was reelected for four more years. Many people in the several states want to secede from the union because the abuse of power coming out of the White House.
The era of using the executive orders under implied powers not found in the Constitution is coming to an end real soon. It will either happen by force or civil disobedience. It is anyone’s guess how it will end. No President is above the law. He took an oath to preserve,protect and defend the constitution. The very tyranny we fought to be free from 234 years ago is now back again rearing it ugly head.
We did not want a king back 234 years ago. We certainly do not want one now. It is dangerous to have one man be lawmaker and executioner. History repeats itself again when so much power being unchecked in so few hands is not a good thing.
- Breaking => Obama Issues Executive Order Allowing Seizure of Americans’ Bank Accounts: Told Bankers Today Its OK To Foreclose On American Citizens Who Bailed You Out! (politicalvelcraft.org)
- Failure of Cybersecurity Bill in Senate Paves Way for Obama Executive Order (conservativeread.com)
- Congress punts cybersecurity, so White House may act alone (cio.com)
- Another Obama Executive Order Allows Seizure of Americans’ Bank Accounts (toolwielder.wordpress.com)
- Obama Secret Executive Order To Control The Web! (socioecohistory.wordpress.com)
- Obama’s Clear Abuse of Power: Executive Orders or Imperial Decrees? (conservativeread.com)
- Another Obama Executive Order Allows Seizure of Americans’ Bank Accounts | THE JEENYUS CORNER (jeenyuscorner.com)
- Obama Passed His UN Treaty & Congress Is Silent – Executive Order 13547 (lunaticoutpost.com)