E-Newsletter No. 120 December 2023
Article I of the US Constitution sets out the structure and the responsibilities of the Legislative Branch of the federal government. Our October and November newsletters discussed our country’s dysfunctional Congress and its lack of fiscal responsibility. This month we will address Article II and the Executive Branch.
Article II states that the executive power of the federal government shall be vested in the President of the United States. Under the system of checks and balances laid out by our country’s Founders, the Legislature writes laws, the Executive Branch executes those laws, and the Judiciary has the responsibility to address all cases, in law and equity, under the Constitution. Article II requires that the President “shall take care that the laws be faithfully executed,” and it states that the President shall also be the Commander in Chief of the various branches of our country’s military.
Let’s first address military matters, because one of the most important responsibilities of the federal government is to protect our country from foreign adversaries. The Legislature appropriates the funds that are needed by our military and (on paper) has the sole power to declare war. However, the last war that was formally declared by Congress under the provisions of the Constitution was our country’s involvement in World War II. All other military engagements since WW2 have been conducted under the direction of the President as Commander in Chief. Regardless of how these military engagements are initiated, the successes and failures of these engagements (which include the disastrous withdrawal of our forces from Afghanistan in August 2021) is the responsibility of the Commander in Chief.
As noted above, Article II requires that “the laws be faithfully executed.“ Unfortunately, our country’s immigration laws are not being faithfully executed. As a matter of fact, the disastrous situation that has been occurring on our southern border for the past several years is a direct result of refusing to execute the laws that have been passed by Congress. The term “illegal alien” is well documented in our country’s statutes. However, the preferred term now being used by the current administration is “undocumented migrant.” Illegal aliens are committing a crime by entering our country in violation of our country’s laws. The primary problem is that our country’s laws are not being faithfully executed.
A growing Constitutional problem is the President’s use of Executive Orders. All laws are supposed to be passed by the Legislature. The Executive Branch should not write laws (nor unilaterally forgive student loan indebtedness in defiance of Nancy Pelosi and the Supreme Court). In his first year in office, President Barack Obama issued 39 Executive Orders. In his first year in office, President Donald Trump issued 55 Executive Orders (many of which were to reverse Executive Orders issued by President Obama). In his first year in office, President Joe Biden issued 77 Executive Orders (many of which were to reverse Executive Orders issued by President Trump). Our Editorial Board believes that every Executive Order should be voted on by the House of Representative and Senate, and if a majority of both houses agree, it would be OK for that Executive Order to take effect.
Next month, we will address “the Administrative State” (aka “the Swamp”) which has resulted in a massive increase in the size and scope of the federal government. Many of these departments are outside the scope of the US Constitution (our Founders would not approve) and unfortunately, many of these departments in effect both write the rules and regulations (the laws) and then interpret and adjudicate any issues that arise.
US Debt Clock – – November 1st – $100,350 per citizen / December 1st – $100,710