Posted on 01/28/2014 2:10:48 AM PST by markomalley
President Barack Obama will lay out a strategy for getting around a divided Congress and boosting middle-class prosperity on Tuesday in a State of the Union speech that reflects some scaled-back legislative ambitions after a difficult year.
Obama will make clear in his 9 p.m. EST address that he is willing to bypass U.S. lawmakers and go it alone in some areas by announcing a series of executive actions that do not require congressional approval.
White House officials said Obama will announce new executive actions on retirement security and job training to help middle-class workers expand economic opportunity.
"In this year of action, the president will seek out as many opportunities as possible to work with Congress in a bipartisan way. But when American jobs and livelihoods depend on getting something done, he will not wait for Congress," Obama senior adviser Dan Pfeiffer said in an email to supporters sketching out the themes of the speech.
With three years left in office, Obama has effectively reduced for now his ambitions for grand legislative actions.
(Excerpt) Read more at news.yahoo.com ...
Something to keep in mind when listening to the Complainer in Chief tonight (or any time he speaks)...
______________
The Myths
Presidents can issue executive orders that are legally binding on the general public.
These executive orders are backed by the full force of law just like laws passed through the formal legislative process.
A president can use executive orders to go around congress.
The president can use executive orders to modify laws passed by congress and can order executive departments to selectively enforce provisions of laws.
These executive orders are authorized by the Constitution.
The Truth
Yes the president can issue executive orders however these orders are only binding on members of the executive department of the federal government. They are not legally binding on anyone outside the executive department.
Only laws passed through the formal legislative process have full force of law. Executive orders do not meet this requirement.
Congress alone has the power to write and pass laws. If congress chooses not to pass laws that the president advocates for the president can in no way act unilaterally. The president is restrained by the Constitution.
The president must enforce laws that are passed by the formal legislative process as they are written. If the president does not like a bill passed by congress or feels it violates the Constitution then the president can veto it before it becomes law.
Issuing executives orders that are given the full force of law is a clear violation of several provisions of the Constitution.
The Facts
The framers of the Constitution greatly feared concentration of power into a strong tyrannical central government so they incorporated many features in the Constitution that they believed would prevent this from happening. The Constitution created a government with three distinct branches. Each branch is granted separate distinct powers that are clearly spelled out in the Constitution. This separation of powers is one of the cornerstones of the Constitution that they believed would prevent concentration of power.
Article 1 Section 1 of the Constitution states that Congress is the only branch that is granted legislative power. The definition of legislative power used by the framers of the Constitution is the most universally accepted one, the power to write and pass laws.
Article 1 Section 7 defines the formal legislative process. Laws are not valid unless they are passed through this process.
Article 2 Section 1 states that executive power is granted to the President. Executive power is most commonly defined as: the authority to enforce laws and to see that they are carried out.
Article 2 Section 2 lists the powers of the president. Nowhere in this section or the rest of the Constitution is the president granted the power to write laws.
Article 2 Section 3 lists the duties of the president. The second from the last clause states “the president must take care that laws are faithfully executed.” If the president modifies laws through executive orders or selectively enforces provisions of laws through executive orders the president is violating this clause
Article 6 Section 2, which is the supremacy clause, defines what the law of the land is. Executive orders are not listed in the supremacy clause therefore they are not the law of the land. Only laws that do not violate the Constitution are the law of the land. Because executive orders are issued by the executive department outside of the formal legislative process and their contents most often violate provisions of the Constitution they are not the law of the land
The Proof
http://constitutionmythbuster.com/2013/01/12/do-executive-orders-violate-the-constitution/
A Fascist takes control of our White House then complains of gridlock in Congress? It's not GRIDLOCK, IT'S A ROAD BLOCK TO FASCISM!
The official Republican party response will be delivered by Washington Congresswoman Cathy McMorris Rodgers
The kenyan will slam the GOP like he always does and then Rodgers will tip toe through the tulips. The GOP just doesn’t get that they need to be an egaged party. Rodgers has been near invisible prior to parachuting in to give this speech. Unacceptable. Too many beltway cocktail parties I guess.
Retirement security for GOVERNMENT jobs. Only they can bilk the taxpayer for otherwise unsustainable benefits. Employees of private companies are screwed because they have to remain competitive.
The one that thinks he's a messiah now, or the one that thinks he'll become a messiah with his own planet later?
Article V or Ammendment II.
Disturbing that Obama is announcing he’s going to ignore the US Constitution and do whatever he wants.
More disturbing still is that no one in any position of authority is screaming or even trying to stop him.
Using Karl Marx’s ideas to help the middle class is like using Adolph Hitler’s ideas to help the Jews.
I have reached the point I get physically repulsed when I see Mr. Soetoro on the television.
The damage he has done to future generations of Americans is unmeasurable. Debt is a form of slavery and he has turned the entire country into a debtor slave plantation for many generations to follow.
I think of him as the Lucky Charms leprechaun. He spouts 4 leaf clovers, magical rainbows, and promises you a pot of gold but you can never find it. Its for kids (libs ) only, too...
That means that some poor soul WILL be watching (suffering through) his droning. Who ever that FReeper is deserves a medal for going above and beyond the call of duty.
How about introducing articles of impeachment during the SOTU address?
YES! YES! YES!
Obama has used his election and re-election as a referendum on his "fundamental transformation" plans. It's what Americans want, right? HE WON, right? Half of America did not vote for him! But he thinks he need not consider that half. The SC is stacked against us, so Congress is all we have left!!
A while back Rubio was on Hannity talking about obama going around the constitution with executive orders. Hannity asked him what could be done about it.
Here is Rubio’s resonse:
I thought ratings have been plummeting for the last few years.
You folks with the impeachment of Obama might as well just forget it. They will never do it. The RINOs are more weak kneeded than a billygoat and it will never happen. If they could not get Klinton impreached, there is not a snowball’s chance in Saudi Arabia that they will in Sodom on the Potomac.
Amen to that!
I can’t stomach the fool. I can’t watch anything he does.
I heard Hannity might be there. I don’t know how. If were to be in the audience I would get thrown out for giving the donkey the double middle finger salute with arms stretch high.
I really don’t know how any honorable men or women can tolerate his presence.
I recall when the national press had a month-long cow when, on March 30, 1981, Al Haig said “Until the vice president arrives, I’m in charge here.”
Now we have a naked power grab by an outright communist, and not a peep.
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