Congress Has Constitutional Authority Over the President In All Matters Whatsoever, Including His Role As Commander In Chief.
By Rev. Bill McGinnis - Director, LoveAllPeople.org. The President Is Required To Administer Whatever Laws Congress Enacts.
(EMAILWIRE.COM, December 28, 2005 ) Alexandria, VA -- We are heading into some serious national discussions on Impeachment and other Constitutional issues which have arisen because of President Bush's deeply irresponsible conduct in office. These are important issues, and they can appear to be quite complicated. Nevertheless, we have an obligation to understand them and to take the appropriate steps to defend our Country from Presidential tyranny and mismanagement. And we must not be afraid to read and understand the Constitution, using our own powers as free citizens. The Constitution was written for us, the People, not for lawyers and judges. It is our Constitution. We the People wrote the Constitution, we enacted it, and we can amend it any way we choose, even amendment by substituting an entire new Constitution to replace the existing one, if we choose to do so. Therefore, we should not be afraid of our Constitution or of our Government. They belong to us; we don't belong to them.
That said, let us now actually read our Constitution. 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. So please go now and read the Constitution, and see for yourself what it really says. The best thing is to read it out loud, so you can hear the words, not just look at them.
*****
In particular today, please note these clear facts: Congress has Constitutional authority over the President in all matters whatsoever, including his role as Commander In Chief. The President is required to administer whatever laws Congress enacts. Congress can micro-manage the President to any extent it chooses. Congress can remove the President; the President cannot remove Congress or any members of Congress.
Here are the exact words of the Constitution on these matters:
Congress Makes The Laws: "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." (See Article I, Section 1.) Yes, the President can veto any law he does not accept, but Congress can over-ride a veto with a two-thirds vote in both Houses of Congress. Thus Congress can enact laws against the will of the President.
The President Administers The Laws That Congress Makes: "The executive Power shall be vested in a President of the United States of America." (See Article II, Section 1.) And the President is required to execute the laws faithfully, whether he agrees with them or not. Article II, Section 3 says, " . . . he shall take Care that the Laws be faithfully executed . . ." So the President does not get to pick and choose which laws he will administer and which ones he will not administer. He is required by the Constitution to administer faithfully each and every law enacted by Congress.
If he fails in this obligation, Congress can remove him 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 execute the laws would be a high misdemeanor.) The House Of Representatives has the sole power of impeachment: "The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment." (See Article I, Section 2.) And the Senate has the sole power to try these Impeachments. "The Senate shall have the sole Power to try all Impeachments. (See Article I. Section 3.)
Furthermore, there is no limit on the degree to which Congress can micro-manage the President, if it chooses to do so. 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,
Blessings to you.
May God help us all.
Rev. Bill McGinnis
Director - www.LoveAllPeople.org
Pastor - www.InternetChurchOfChrist.org
Editor - www.AmericanDemocrat.net
Email: bmcgin@patriot.net
HTML version of this message is at http://www.loveallpeople.org/congressionalauthorityoverthepresident.html
Rev. Bill McGinnis is an Internet Christian minister, writer and publisher. He is Director of LoveAllPeople.org, a small private think tank in Alexandria, Virginia, and all of its related websites, including InternetChurchOfChrist.org, CommitteeForTheGoldenRule.org, CivicAmerican.com and AmericanDemocrat.net. His agenda is to help maximize the happiness and well-being of all people.
Contact:
LoveAllPeople.org
William McGinnis
Tel: 703-768-6710
That said, let us now actually read our Constitution. 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. So please go now and read the Constitution, and see for yourself what it really says. The best thing is to read it out loud, so you can hear the words, not just look at them.
*****
In particular today, please note these clear facts: Congress has Constitutional authority over the President in all matters whatsoever, including his role as Commander In Chief. The President is required to administer whatever laws Congress enacts. Congress can micro-manage the President to any extent it chooses. Congress can remove the President; the President cannot remove Congress or any members of Congress.
Here are the exact words of the Constitution on these matters:
Congress Makes The Laws: "All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives." (See Article I, Section 1.) Yes, the President can veto any law he does not accept, but Congress can over-ride a veto with a two-thirds vote in both Houses of Congress. Thus Congress can enact laws against the will of the President.
The President Administers The Laws That Congress Makes: "The executive Power shall be vested in a President of the United States of America." (See Article II, Section 1.) And the President is required to execute the laws faithfully, whether he agrees with them or not. Article II, Section 3 says, " . . . he shall take Care that the Laws be faithfully executed . . ." So the President does not get to pick and choose which laws he will administer and which ones he will not administer. He is required by the Constitution to administer faithfully each and every law enacted by Congress.
If he fails in this obligation, Congress can remove him 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 execute the laws would be a high misdemeanor.) The House Of Representatives has the sole power of impeachment: "The House of Representatives shall chuse their Speaker and other Officers; and shall have the sole Power of Impeachment." (See Article I, Section 2.) And the Senate has the sole power to try these Impeachments. "The Senate shall have the sole Power to try all Impeachments. (See Article I. Section 3.)
Furthermore, there is no limit on the degree to which Congress can micro-manage the President, if it chooses to do so. 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,
Blessings to you.
May God help us all.
Rev. Bill McGinnis
Director - www.LoveAllPeople.org
Pastor - www.InternetChurchOfChrist.org
Editor - www.AmericanDemocrat.net
Email: bmcgin@patriot.net
HTML version of this message is at http://www.loveallpeople.org/congressionalauthorityoverthepresident.html
Rev. Bill McGinnis is an Internet Christian minister, writer and publisher. He is Director of LoveAllPeople.org, a small private think tank in Alexandria, Virginia, and all of its related websites, including InternetChurchOfChrist.org, CommitteeForTheGoldenRule.org, CivicAmerican.com and AmericanDemocrat.net. His agenda is to help maximize the happiness and well-being of all people.
Contact:
LoveAllPeople.org
William McGinnis
Tel: 703-768-6710
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LoveAllPeople.org
William McGinnis
Tel:
Email us
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William McGinnis
Tel:
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This is a press release. Press release distribution and press release services by EmailWire.Com: http://www.emailwire.com/us-press-release-distribution.php.
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