at Amazon.com.
The exact words in the Constitution are found in Article II, Section 3, where it says that the President " . . . shall take Care that the Laws be faithfully executed . . ." In clear modern English, "faithfully executed" means "followed and enforced." And the President does not get to pick and choose which laws he will follow and enforce and which ones he will not. He is required by the Constitution to follow and enforce each and every law enacted by Congress.
Failure to do so is grounds for Impeachment and removal from office. Article II, Section 4 says, "The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors." (Failure to follow and enforce the laws would be a high misdemeanor.)
Source: Constitution Of The United States, (which can be found at http://www.patriot.net/users/bmcgin/usconstitutiona.txt and elsewhere.)
Some apologists for President Bush, along with his ever-loyal staff lawyers, have tried to say that his authority as Commander In Chief of the Military gives him the right to do whatever he wants to do if it has any connection to National Defense. But this idea has no basis in the Constitution. The mere fact that he is Commander In Chief of the Military does not remove his Constitutional obligation to follow and enforce the laws.
Yes, the President does have some implied powers, necessary to do his job, but these are immediately over-ridden if Congress exercises its authority to enact a law on the subject.
As Commander In Chief, the President is responsible for the day-to-day administration of the Military, including the responsibility for taking quick action in the event of time-sensitive emergencies. Article II, Section 2 says, "The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States;" But quick action for emergencies is quite different from setting long-term military policies.
Some people believe that the President magically acquires new policy-making powers in his role as Commander In Chief. There is no Constitutional basis for this belief. In fact, the Constitution specifically says that Congress, not the President, has the authority to establish all the rules for the "government and regulation" of the Military. "The Congress shall have Power . . . To make Rules for the Government and Regulation of the land and naval Forces;" (See Article I, Section 8.) This affirms that Congress can exert detailed control over all aspects of the Military, to whatever degree Congress chooses to exert it. The President's authority as Commander In Chief is only as great as Congress is willing to delegate to him. At any time, Congress could pass a law stripping the President of whatever authority he thinks he has over the Military. The Constitution certainly does not provide the President with some kind of Personal Military, to control as he wishes. No. As in all other cases, the President acts as the agent and instrument of Congress, faithfully executing the laws enacted by Congress, and subject to removal if he fails to perform this job.
So please keep all these things in mind, as George W. Bush and his misguided Administration attempt to justify their outrageous, disastrous conduct by falsely claiming a Constitutional authority they simply do not have,
Many people are now expressing their opinions on Constitutional matters without actually reading the entire Constitution and understanding it. So let us all now actually read our Constitution, and see what it really says. It's not that hard to do. It takes about an hour to read it through, with the amendments. Remember: it was written for normal average citizens to read and understand. Do not be intimidated! This is your document, and it guarantees your political rights. Claim it for yourself. Embrace it. Do not let some elitist gang of Fascists scare you off or make you think you are not able or not entitled to understand it and to use it. Our written Constitution is the supreme law of the land. It outranks all other sources of legal authority. So let's now read for ourselves what it actually says, not what some people pretend that it says.
I have prepared an easy-to-use, all-text copy of the Constitution, with the Amendments, located at http://www.patriot.net/users/bmcgin/usconstitutiona.txt This is taken from the "Pocket Constitution" version available at the Government Printing Office, http://frwebgate.access.gpo.gov/cgi-bin/getdoc.cgi?dbname=108_cong_documents&docid=f:hd096.108 (There seem to be a few minor typographical errors in the source document, like "Aquorum," and I have copied them faithfully.)
I invite you to go there now, and read the Constitution in its entirety, at : http://www.patriot.net/users/bmcgin/usconstitutiona.txt If you have not read the Constitution recently, and seriously tried to understand it, you will not be prepared to participate fully in the major issues of the day. So don't be like those simple souls who blindly follow the right-wing radio comedians, repeating like a parrot everything they hear, without understanding anything.
Blessings to you.
May God help us all.
Rev. Bill McGinnis, Director
LoveAllPeople.org
bmcgin@patriot.net
Blessings to you. May God help us all.
Rev. Bill McGinnis, Director - LoveAllPeople.org
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