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To: yefragetuwrabrumuy

From your brilliant description then, it would follow that the now POTUS is acting against the constitution in re-ordering American society via passing laws on a strictly partisan basis and assuming powers not given to him¿ How we need restricting government and POTUS...


23 posted on 04/04/2010 7:49:22 AM PDT by dps.inspect (uttox)
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To: dps.inspect

The presidential power problem has very old roots.

It began with Shay’s Rebellion, in 1786-’87, farmers protesting against onerous taxes, land confiscation, and debtors prison for those who could not pay. While a local militia prevented it from capturing an armory and turning into another revolution, it showed a weakness of the national government.

Thus, when George Washington was president, and created a poorly thought out whiskey tax, which started the Whiskey Rebellion, he was inclined to use the military to put down the rebellion. This represented the first major assertion of Federalism, that the States and the people must obey the national government.

The next big presidential power grab was after the Supreme Court case of Marbury v. Madison, in 1803. It was the first time that the SCOTUS asserted it had the power of constitutional review of the law. But the president asserted that he couldn’t be forced to either perform his duty, or be made to stop doing something, by the courts, leaving only impeachment by congress as a way to stop his power.

Over time, the presidency has gotten stronger and stronger, with the president essentially “above the law”, since he can pardon anyone, including himself, from any federal crime, even before conviction.

It is mostly seen today, in the appointment of “Czars”, who have not been approved by the US Senate (though the constitution does not mention cabinet officers, nor any requirement for their vetting by the senate.) It is also seen in presidential “memorandums”, such as the infamous one that created the National Security Agency.

And today, with the wholly unconstitutional “presidential signing statements”, which say how the president “interprets” a law passed by congress, along with which parts of it he intends to enforce, and which parts he intends to ignore.

One of the better remedies for this would be a constitutional change recognizing cabinet officials, which also made them impeachable, and required that all presidential decisions had to be made through a cabinet official, or were null and void. It would also have to have a provision limiting the terms of “recess appointments”.

There also needs to be a provision of what, and under what circumstances, executive information must be turned over to the US congress on demand, which cannot be held back on grounds of “executive privilege” or “national security.”

Very importantly, a Presidential War Powers Amendment, a Posse Comitatus Amendment, and Limitation of Presidential Powers During Martial Law Amendment, would help to curtail abuses. In exchange, the president should receive a Line Item Veto Amendment and a Balanced Budget Amendment.

Hopefully, this will leave the presidency as a powerful institution, but not an arrogant or overreaching one.


34 posted on 04/04/2010 8:36:38 AM PDT by yefragetuwrabrumuy
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