Obama now rules by Decree
It is very simple. The U.S. Constitution does not grant the President the power to forgive loans are change the terms of repayments on loans. It is that simple....
The President can issue pardons, but not loan forgiveness.....
ruveyn
Anyone else having lag issues on this forum today?
Okay seriously, ruveyn does have a point, though he's probably using the wrong examples. A better example would be the prescription drug shortage, which in reality was caused by the uncertainty of Obamacare.
2. The power to declare war is a congressional power according to the constitution
3. The congress is nowhere given (in the constitution) the power to transfer its powers to any other branch of government
therefore that Public Law is unconstitutional.
Not that it makes an difference. The government does as it pleases and the courts rarely stop it.
ruveyn
Your legal reasoning is most assuredly faulty.
The legal maxim is, "Delegatus non potest delegare." A delegate to whom power is delegated may not further delogate that power. The maxim was part of the law at the time that your Constitution was drafted and was well understood. It continues to be good law today. Implicit in this maxim is that one who substantively holds power may delegate that power--the restriction lies only on the delegate.
So, Congress may delegate its power to the President, provided that the delegation is not irrevocable (that would require constitutional amendment because it would not longer be a delegation, it would be a substantive transfer). Further, the President must exercise that power personally--he cannot delegate it further.
I have yet to see an example of an Executive Order that does not draw substantive jurisdiction from the executive power that is vested in the President, or an authorizing statute properly enacted by Congress. But should one exist, I would certainly change my view.
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It is very simple. The U.S. Constitution does not grant the President the power to forgive loans are change the terms of repayments on loans. It is that simple....
The President can issue pardons, but not loan forgiveness.....
ruveyn
Anyone else having lag issues on this forum today?
Okay seriously, ruveyn does have a point, though he's probably using the wrong examples. A better example would be the prescription drug shortage, which in reality was caused by the uncertainty of Obamacare.
I knew it! Obamacare is responsible for the uncertainty that causes the McRib to only be a short term item at McDonald's!
-Bill, otherwise known as Kraichgauer
I have yet to see an example of an Executive Order that does not draw substantive jurisdiction from the executive power that is vested in the President, or an authorizing statute properly enacted by Congress. But should one exist, I would certainly change my view.
The powers of the President are enumerated in the Constitution. Any power not granted to the President explicitly, is a power usurped.
ruveyn
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I have yet to see an example of an Executive Order that does not draw substantive jurisdiction from the executive power that is vested in the President, or an authorizing statute properly enacted by Congress. But should one exist, I would certainly change my view.
The powers of the President are enumerated in the Constitution. Any power not granted to the President explicitly, is a power usurped.
ruveyn
If so, Obama isn't the first to do so.
-Bill, otherwise known as Kraichgauer
ruveyn
Which part of "The executive Power shall be vested in a President of the United States of America," is unclear?
The text of the three vesting clauses is different. Article One provides that, "All legislative Powers herein granted shall be vested in a Congress of the United States." It sets out in clear language that the vesting is limited to those particular powers mentioned. Article Three explicitly sets out the scope of federal jurisdiction.
But Article Two is silent on the meaning of "The executive Power." Nothing in the text of Article II, Section 2 suggest that the list is exhaustive, or in any way limits the language in the fashion that Article One and Article Three do to their vesting clauses.
It follows, therefore, that if a matter properly falls within the ambit of the execution of law (and the collection or remission of debt owing to the United States is certainly a matter of executing the law that authorizes the issuance of that debt) there is no question about where that authority lies.
Congress is perfectly competent to limit the scope of executive authority over any given law by enacting it with express limits on the discretion that its executors may exercise. But Congress, having enacted law, may not usurp the authority of the Executive branch by purporting to act in its place.
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No point, visagrunt; mere facts may be ignored, as they run counter to the "Imperial President" narrative ruveyn evidently wishes to write (as evinced further by his simply ignoring the fact, pointed out several times now, that the President has not in fact issued an executive order to forgive student debt, or any other debt for that matter).
One could, in fact, make a fair argument that the election of Barack Obama prevented an Imperial Presidency. (Like so: had Hillary Clinton won in 2008, come 2012 there would be people of voting age who had never known a time when there wasn't either a Bush or a Clinton in office, and might have taken that to be the order of things. Thus, the Republican Party would have been urged to run Jeb Bush in either 2012 or 2016; by the end of his first term, Chelsea Clinton and the Bush twins would have been old enough to run, and so forth. We might, plausibly, have wound up with a situation wherein it seemed "natural" to choose between one of two imperial families for the Presidency...)
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One could, in fact, make a fair argument that the election of Barack Obama prevented an Imperial Presidency. (Like so: had Hillary Clinton won in 2008, come 2012 there would be people of voting age who had never known a time when there wasn't either a Bush or a Clinton in office, and might have taken that to be the order of things. Thus, the Republican Party would have been urged to run Jeb Bush in either 2012 or 2016; by the end of his first term, Chelsea Clinton and the Bush twins would have been old enough to run, and so forth. We might, plausibly, have wound up with a situation wherein it seemed "natural" to choose between one of two imperial families for the Presidency...)
Actually George H.W. Bush and his son George W. Bush isn't the first time we had a father being President then years later the son being President.
In fact look at our 2nd President John Adams, and his son John Quincy Adams whom was our 6th US President.
This argument of an Imperial dynasty is a bunch of balony.
Kraichgauer
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Joined: 12 Apr 2010
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Location: Spokane area, Washington state.
One could, in fact, make a fair argument that the election of Barack Obama prevented an Imperial Presidency. (Like so: had Hillary Clinton won in 2008, come 2012 there would be people of voting age who had never known a time when there wasn't either a Bush or a Clinton in office, and might have taken that to be the order of things. Thus, the Republican Party would have been urged to run Jeb Bush in either 2012 or 2016; by the end of his first term, Chelsea Clinton and the Bush twins would have been old enough to run, and so forth. We might, plausibly, have wound up with a situation wherein it seemed "natural" to choose between one of two imperial families for the Presidency...)
Actually George H.W. Bush and his son George W. Bush isn't the first time we had a father being President then years later the son being President.
In fact look at our 2nd President John Adams, and his son John Quincy Adams whom was our 6th US President.
This argument of an Imperial dynasty is a bunch of balony.
But John Quincy wasn't separated from his dad in the succession of the presidency by one other president like George and George W were. The point was, there would have been Bush, Clinton, Bush, Clinton in the White House. It certainly would have appeared to younger voters that the office of the presidency rests in the hands of dynastic families.
-Bill, otherwise known as Kraichgauer
One could, in fact, make a fair argument that the election of Barack Obama prevented an Imperial Presidency. (Like so: had Hillary Clinton won in 2008, come 2012 there would be people of voting age who had never known a time when there wasn't either a Bush or a Clinton in office, and might have taken that to be the order of things. Thus, the Republican Party would have been urged to run Jeb Bush in either 2012 or 2016; by the end of his first term, Chelsea Clinton and the Bush twins would have been old enough to run, and so forth. We might, plausibly, have wound up with a situation wherein it seemed "natural" to choose between one of two imperial families for the Presidency...)
Actually George H.W. Bush and his son George W. Bush isn't the first time we had a father being President then years later the son being President.
In fact look at our 2nd President John Adams, and his son John Quincy Adams whom was our 6th US President.
This argument of an Imperial dynasty is a bunch of balony.
But John Quincy wasn't separated from his dad in the succession of the presidency by one other president like George and George W were. The point was, there would have been Bush, Clinton, Bush, Clinton in the White House. It certainly would have appeared to younger voters that the office of the presidency rests in the hands of dynastic families.
-Bill, otherwise known as Kraichgauer
So?
Jeb Bush has already indicated he wasn't interested.
Kraichgauer
Veteran
Joined: 12 Apr 2010
Gender: Male
Posts: 49,751
Location: Spokane area, Washington state.
One could, in fact, make a fair argument that the election of Barack Obama prevented an Imperial Presidency. (Like so: had Hillary Clinton won in 2008, come 2012 there would be people of voting age who had never known a time when there wasn't either a Bush or a Clinton in office, and might have taken that to be the order of things. Thus, the Republican Party would have been urged to run Jeb Bush in either 2012 or 2016; by the end of his first term, Chelsea Clinton and the Bush twins would have been old enough to run, and so forth. We might, plausibly, have wound up with a situation wherein it seemed "natural" to choose between one of two imperial families for the Presidency...)
Actually George H.W. Bush and his son George W. Bush isn't the first time we had a father being President then years later the son being President.
In fact look at our 2nd President John Adams, and his son John Quincy Adams whom was our 6th US President.
This argument of an Imperial dynasty is a bunch of balony.
But John Quincy wasn't separated from his dad in the succession of the presidency by one other president like George and George W were. The point was, there would have been Bush, Clinton, Bush, Clinton in the White House. It certainly would have appeared to younger voters that the office of the presidency rests in the hands of dynastic families.
-Bill, otherwise known as Kraichgauer
So?
Jeb Bush has already indicated he wasn't interested.
He has enough sense to realize that his running would look like his family was becoming a presidential dynasty.
At least for now.
-Bill, otherwise known as Kraichgauer
One could, in fact, make a fair argument that the election of Barack Obama prevented an Imperial Presidency. (Like so: had Hillary Clinton won in 2008, come 2012 there would be people of voting age who had never known a time when there wasn't either a Bush or a Clinton in office, and might have taken that to be the order of things. Thus, the Republican Party would have been urged to run Jeb Bush in either 2012 or 2016; by the end of his first term, Chelsea Clinton and the Bush twins would have been old enough to run, and so forth. We might, plausibly, have wound up with a situation wherein it seemed "natural" to choose between one of two imperial families for the Presidency...)
Actually George H.W. Bush and his son George W. Bush isn't the first time we had a father being President then years later the son being President.
In fact look at our 2nd President John Adams, and his son John Quincy Adams whom was our 6th US President.
This argument of an Imperial dynasty is a bunch of balony.
But John Quincy wasn't separated from his dad in the succession of the presidency by one other president like George and George W were. The point was, there would have been Bush, Clinton, Bush, Clinton in the White House. It certainly would have appeared to younger voters that the office of the presidency rests in the hands of dynastic families.
-Bill, otherwise known as Kraichgauer
So?
Jeb Bush has already indicated he wasn't interested.
He has enough sense to realize that his running would look like his family was becoming a presidential dynasty.
At least for now.
-Bill, otherwise known as Kraichgauer
He wasn't interested in having his character assassinated by the mainstream media or having his family harassed.
Kraichgauer
Veteran
Joined: 12 Apr 2010
Gender: Male
Posts: 49,751
Location: Spokane area, Washington state.
One could, in fact, make a fair argument that the election of Barack Obama prevented an Imperial Presidency. (Like so: had Hillary Clinton won in 2008, come 2012 there would be people of voting age who had never known a time when there wasn't either a Bush or a Clinton in office, and might have taken that to be the order of things. Thus, the Republican Party would have been urged to run Jeb Bush in either 2012 or 2016; by the end of his first term, Chelsea Clinton and the Bush twins would have been old enough to run, and so forth. We might, plausibly, have wound up with a situation wherein it seemed "natural" to choose between one of two imperial families for the Presidency...)
Actually George H.W. Bush and his son George W. Bush isn't the first time we had a father being President then years later the son being President.
In fact look at our 2nd President John Adams, and his son John Quincy Adams whom was our 6th US President.
This argument of an Imperial dynasty is a bunch of balony.
But John Quincy wasn't separated from his dad in the succession of the presidency by one other president like George and George W were. The point was, there would have been Bush, Clinton, Bush, Clinton in the White House. It certainly would have appeared to younger voters that the office of the presidency rests in the hands of dynastic families.
-Bill, otherwise known as Kraichgauer
So?
Jeb Bush has already indicated he wasn't interested.
He has enough sense to realize that his running would look like his family was becoming a presidential dynasty.
At least for now.
-Bill, otherwise known as Kraichgauer
He wasn't interested in having his character assassinated by the mainstream media or having his family harassed.
How would that be any different from what any other presidential candidate goes through?
-Bill, otherwise known as Kraichgauer
One could, in fact, make a fair argument that the election of Barack Obama prevented an Imperial Presidency. (Like so: had Hillary Clinton won in 2008, come 2012 there would be people of voting age who had never known a time when there wasn't either a Bush or a Clinton in office, and might have taken that to be the order of things. Thus, the Republican Party would have been urged to run Jeb Bush in either 2012 or 2016; by the end of his first term, Chelsea Clinton and the Bush twins would have been old enough to run, and so forth. We might, plausibly, have wound up with a situation wherein it seemed "natural" to choose between one of two imperial families for the Presidency...)
Actually George H.W. Bush and his son George W. Bush isn't the first time we had a father being President then years later the son being President.
In fact look at our 2nd President John Adams, and his son John Quincy Adams whom was our 6th US President.
This argument of an Imperial dynasty is a bunch of balony.
But John Quincy wasn't separated from his dad in the succession of the presidency by one other president like George and George W were. The point was, there would have been Bush, Clinton, Bush, Clinton in the White House. It certainly would have appeared to younger voters that the office of the presidency rests in the hands of dynastic families.
-Bill, otherwise known as Kraichgauer
So?
Jeb Bush has already indicated he wasn't interested.
He has enough sense to realize that his running would look like his family was becoming a presidential dynasty.
At least for now.
-Bill, otherwise known as Kraichgauer
He wasn't interested in having his character assassinated by the mainstream media or having his family harassed.
How would that be any different from what any other presidential candidate goes through?
-Bill, otherwise known as Kraichgauer
Jeb Bush decided not to run for that reason, it's his choice. You want to talk about imperialism or Presidents with a narcistic complex...
According to various reports last week, the State Department spent $70,000 on copies of Barack Obama’s three lauded literary masterpieces (Dreams from My Father, The Audacity of Hope and Of Thee I Sing) to stock library shelves or to pass out as Christmas presents from U.S. embassies. The administration claims the book distribution helps to “broker talks on important foreign policy matters.” That especially makes sense as a defense of Of Thee I Sing, which just happens to be a children’s book (although, to be fair, royalties on that book go to charity).
Supposedly, the White House had no knowledge of the State Department decision to spend taxpayer dollars on purchases that personally benefit Obama. (As one writer put it, “You pay … Obama reaps the royalties.“) Sheesh, not a lot of communication goes on in the Obama administration, does it?
But Obama can’t claim to be ignorant now — unless he, like his AG Eric Holder, doesn’t read his own correspondence. Republican Rep. Dave Schweikert of Arizona yesterday sent a letter to the president to tell him to knock it off. Wrote Schweikert:
According to various reports last week, the State Department spent $70,000 on copies of Barack Obama’s three lauded literary masterpieces (Dreams from My Father, The Audacity of Hope and Of Thee I Sing) to stock library shelves or to pass out as Christmas presents from U.S. embassies. The administration claims the book distribution helps to “broker talks on important foreign policy matters.” That especially makes sense as a defense of Of Thee I Sing, which just happens to be a children’s book (although, to be fair, royalties on that book go to charity).
Supposedly, the White House had no knowledge of the State Department decision to spend taxpayer dollars on purchases that personally benefit Obama. (As one writer put it, “You pay … Obama reaps the royalties.“) Sheesh, not a lot of communication goes on in the Obama administration, does it?
But Obama can’t claim to be ignorant now — unless he, like his AG Eric Holder, doesn’t read his own correspondence. Republican Rep. Dave Schweikert of Arizona yesterday sent a letter to the president to tell him to knock it off. Wrote Schweikert:
http://hotair.com/archives/2011/11/01/r ... ey-please/
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