Sunday, December 8, 2013

Article II, Again.



The cure for the evils of democracy is more democracy!
H. L. Mencken, Notes on Democracy, 1926

The self-delineated mandate for the Madison Conservative is to provide constitutional clarity and an accompanying discussion for the acts of government, not necessarily the political policies engendered by self serving cowardly politicians.

The acts of the Obama administration have been rich fodder for this blog, simply because so much of what they do is so blatantly unconstitutional and an assault of the foundations of this nation as intended by the framers of the Constitution.

Naturally, there are many on the political left who would claim the Madison Conservative is just another right wing nut case whose sole intent is to hinder the work of our brave young president as he fights against nefarious unseen forces.

Uh-huh.

It would behoove such accusers to consider the words of George Washington University law professor Jonathan Turley, no right wing nut and an often public supporter of this administration, while he was testifying, under oath, to a house committee looking into the Presidents actions, specifically those that bypass Congress.

Turley was asked by Rep Bob Goodlatte (R-VA) how Obama’s “unilateral modification” of laws passed by Congress “affect both the balance of power between the political branches and the liberty interests of the American people”; Turley’s response was telling:

“The danger is quite severe. The problem with what the president is doing is that he’s not simply posing a danger to the constitutional system. He’s becoming the very danger the Constitution was designed to avoid. That is the concentration of power in every single branch.

The significance of that statement cannot be overstated.

For those who may argue the point, or continue to assault the Madison Conservative as reactionary, it is critical to understand exactly what the powers and authorities are, relative to a President of the United States.


To wit, from our august governing document:

Article II
Section. 2.
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; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.
He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.
The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
Section. 3.
He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.
Section. 4.
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.

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