Last Tuesday I spoke to the Murrieta Calvary Christian School Independent Study Program group, and after the speech, I was asked to talk with the high school parents regarding teaching the Constitution to their kids. Of the questions, the one that gained the most interest was when a mom asked about the number of Executive Orders. "Isn't there supposed to be a limit?"
She had bought into the premise that the President can issue Executive Orders for any reason, including modifying law, or creating law.
The use of Executive Orders goes all the way back to George Washington. The Thanksgiving Proclamation was an Executive Order. The President is allowed to use Executive Orders, and he can issue as many as he pleases.
The Executive Order is not in the Constitution, so the parameters regarding the use of the executive tool must be thought about carefully. Historically, we know that Executive Orders have traditionally been used to issue proclamations, change rules within the Executive Branch, and affect law. Proclamations are not legally binding, and are merely things proclaimed by the President. Citizens are not legally required to follow Proclamations. When President Washington issued the Thanksgiving Proclamation, America citizens were not required under penalty to celebrate Thanksgiving. The National Day of Prayer, also created through a proclamation, holds no authority of law requiring you to pray on that day.
Changing the rules in the executive branch is also within the authorities granted by the Constitution. Such allowances accompanies the executive powers granted by Article II.
Affecting law, however, is a different issue altogether.
According to Article I, Section 1 of the U.S. Constitution, "All legislative powers" are "granted" to the "Congress of the United States." No other branch has any legislative powers, which means neither the Executive Branch, nor the Judicial Branch, has the Constitutional Authority to create law, modify law, repeal law, or strike down law. These powers were only vested in the United States Congress.
To understand legislative powers, and the authorities in the federal government regarding those powers, all we must do is break down the language of Article I, Section 1 of the Constitution.
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.
Article I establishes the Legislative Branch of the federal government.
Article I, Section 1 of the U.S. Constitution establishes the two parts of Congress, and grants all legislative powers to the two houses of Congress.
When studying the language used in Article I, Section 1, the original intent by the Founding Fathers becomes obvious.
The first word in the first section of Article I is the word “all.” The fascinating thing about the word “all” is that it means, as shocking as it may seem, “all.”
The following words are “legislative powers.” Legislative powers are the ability to make law, modify law, repeal law, and anything else that has to do with affecting law.
The next word is “herein,” which strangely enough means “here in,” as in “here in this constitution.”
The word “granted” follows “herein.” “Granted” is defined as “to give,” or “to allow,” or more specifically “to legally transfer.” If powers are granted, then there must be a “grantor,” as well. As we learned in our discussion regarding The Preamble, the “grantor” in this case is the States.
“Shall be” is definitive. In other words, the word “shall” does not mean “ought to,” or “maybe.” “Shall” means that “it is,” or “it will be.”
“Vested” is much like “granted.” Vested is a legal transfer of something, or in this case, an allowance to have legislative powers at the federal level.
The Congress of the United States is the legislative branch of the federal government, and this clause indicates that not only will the Congress be granted all legislative powers given to the federal government, but that the branch of government consists of two houses; a Senate and House of Representatives.
So let’s review. All legislative powers, according to this clause, are granted to the Congress by the States for the purpose of making law, modifying law, or repealing law. The powers are herein granted, which means that the laws must fall within the authorities granted by the text of the U.S. Constitution. In other words, laws made must remain consistent with the “powers herein granted.”
When one considers this clause, it becomes clear that when members of the judiciary legislates from the bench, or the President issues an executive order to modify a law, such action is unconstitutional. After all, “all legislative powers” were granted to the Congress, not to the judicial branch, or the executive branch.
Since all legislative powers belong to the Congress, it would also then be reasonable to consider any regulations by federal departments that are not in line with laws made by the Congress that are in line with the authorities granted by the Constitution to be unconstitutional as well. Once again, all legislative powers belong to the Congress, therefore any “legislative actions” by regulatory agencies, or executive orders are not in line with the original intent.
She had bought into the premise that the President can issue Executive Orders for any reason, including modifying law, or creating law.
The use of Executive Orders goes all the way back to George Washington. The Thanksgiving Proclamation was an Executive Order. The President is allowed to use Executive Orders, and he can issue as many as he pleases.
The Executive Order is not in the Constitution, so the parameters regarding the use of the executive tool must be thought about carefully. Historically, we know that Executive Orders have traditionally been used to issue proclamations, change rules within the Executive Branch, and affect law. Proclamations are not legally binding, and are merely things proclaimed by the President. Citizens are not legally required to follow Proclamations. When President Washington issued the Thanksgiving Proclamation, America citizens were not required under penalty to celebrate Thanksgiving. The National Day of Prayer, also created through a proclamation, holds no authority of law requiring you to pray on that day.
Changing the rules in the executive branch is also within the authorities granted by the Constitution. Such allowances accompanies the executive powers granted by Article II.
Affecting law, however, is a different issue altogether.
According to Article I, Section 1 of the U.S. Constitution, "All legislative powers" are "granted" to the "Congress of the United States." No other branch has any legislative powers, which means neither the Executive Branch, nor the Judicial Branch, has the Constitutional Authority to create law, modify law, repeal law, or strike down law. These powers were only vested in the United States Congress.
To understand legislative powers, and the authorities in the federal government regarding those powers, all we must do is break down the language of Article I, Section 1 of the Constitution.
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.
Article I establishes the Legislative Branch of the federal government.
Article I, Section 1 of the U.S. Constitution establishes the two parts of Congress, and grants all legislative powers to the two houses of Congress.
When studying the language used in Article I, Section 1, the original intent by the Founding Fathers becomes obvious.
The first word in the first section of Article I is the word “all.” The fascinating thing about the word “all” is that it means, as shocking as it may seem, “all.”
The following words are “legislative powers.” Legislative powers are the ability to make law, modify law, repeal law, and anything else that has to do with affecting law.
The next word is “herein,” which strangely enough means “here in,” as in “here in this constitution.”
The word “granted” follows “herein.” “Granted” is defined as “to give,” or “to allow,” or more specifically “to legally transfer.” If powers are granted, then there must be a “grantor,” as well. As we learned in our discussion regarding The Preamble, the “grantor” in this case is the States.
“Shall be” is definitive. In other words, the word “shall” does not mean “ought to,” or “maybe.” “Shall” means that “it is,” or “it will be.”
“Vested” is much like “granted.” Vested is a legal transfer of something, or in this case, an allowance to have legislative powers at the federal level.
The Congress of the United States is the legislative branch of the federal government, and this clause indicates that not only will the Congress be granted all legislative powers given to the federal government, but that the branch of government consists of two houses; a Senate and House of Representatives.
So let’s review. All legislative powers, according to this clause, are granted to the Congress by the States for the purpose of making law, modifying law, or repealing law. The powers are herein granted, which means that the laws must fall within the authorities granted by the text of the U.S. Constitution. In other words, laws made must remain consistent with the “powers herein granted.”
When one considers this clause, it becomes clear that when members of the judiciary legislates from the bench, or the President issues an executive order to modify a law, such action is unconstitutional. After all, “all legislative powers” were granted to the Congress, not to the judicial branch, or the executive branch.
Since all legislative powers belong to the Congress, it would also then be reasonable to consider any regulations by federal departments that are not in line with laws made by the Congress that are in line with the authorities granted by the Constitution to be unconstitutional as well. Once again, all legislative powers belong to the Congress, therefore any “legislative actions” by regulatory agencies, or executive orders are not in line with the original intent.
-- Political Pistachio Conservative News and Commentary
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