johnwk
10-29-2011, 04:30 PM
SEE: President to Ease Student Loan Burden for Low-Income Graduates (http://www.nytimes.com/2011/10/26/education/26debt.html?_r=1)
By TAMAR LEWIN
Published: October 25, 2011
Melody Barnes, director of the Domestic Policy Council, said the president would use his executive authority to expand the existing income-based repayment program with a “Pay as You Earn” option that would allow graduates to pay 10 percent of their discretionary income for 20 years and have the rest of their federal student loan debt forgiven. That plan would start next year.
What the writer failed to establish is the constitutional basis for the “executive authority” mentioned. So, let us do Tamar Lewin’s job and look at our Constitution which spells out the President’s “authority” and powers.
Under Article II, Section 1 we find, “ The executive Power shall be vested in a President of the United States of America.” Section 1 goes on to outline how the president is chosen, his term in office, requirements to be president, and then commands he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
So far, we find no “executive authority” as alleged in Tamar’s article.
Moving on to Section 2, we find: 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.
Again, no “executive authority” as alleged in Tamar’s article can be found. In fact, the president is repeatedly informed in Section 2 that he may not act without the Advice and Consent of the Senate.
As to Section 3, the president is required 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.
Now, the above Section does allow the president to make recommendations to Congress which “he shall judge necessary and expedient”, but nowhere in the Section is the president granted the “executive authority” Tamar’s article suggests exists, allowing the president to adopt and enforce Measures as he shall judge necessary and expedient
Well, we have one more Section to review, perhaps the “executive authority” Tamar mentions is to be found there.
Section 4, the final section states that: 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.
This section would indicate the exercise of authority by the president of power not granted, which our founding fathers equate to in the Declaration of Independence as “usurpations” and “tyranny”, seems sufficient to me that our Speaker of the House is delinquent in not moving forward with articles of impeachment against a president who has repeatedly moved forward with “executive orders” that effectively encroach upon and overruled our legislative branch of government, not to mention his repeated refusals to enforce existing law, and has thus worked to subvert the separation of powers guaranteed under our Constitution. Would our founding fathers not view these acts of malfeasance, misfeasance and nonfeasance as “Misdemeanors”?
JWK
"If the Constitution was ratified under the belief, sedulously propagated on all sides, that such protection was afforded, would it not now be a fraud upon the whole people to give a different construction to its powers?"___ Justice Story
By TAMAR LEWIN
Published: October 25, 2011
Melody Barnes, director of the Domestic Policy Council, said the president would use his executive authority to expand the existing income-based repayment program with a “Pay as You Earn” option that would allow graduates to pay 10 percent of their discretionary income for 20 years and have the rest of their federal student loan debt forgiven. That plan would start next year.
What the writer failed to establish is the constitutional basis for the “executive authority” mentioned. So, let us do Tamar Lewin’s job and look at our Constitution which spells out the President’s “authority” and powers.
Under Article II, Section 1 we find, “ The executive Power shall be vested in a President of the United States of America.” Section 1 goes on to outline how the president is chosen, his term in office, requirements to be president, and then commands he shall take the following Oath or Affirmation:--"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
So far, we find no “executive authority” as alleged in Tamar’s article.
Moving on to Section 2, we find: 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.
Again, no “executive authority” as alleged in Tamar’s article can be found. In fact, the president is repeatedly informed in Section 2 that he may not act without the Advice and Consent of the Senate.
As to Section 3, the president is required 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.
Now, the above Section does allow the president to make recommendations to Congress which “he shall judge necessary and expedient”, but nowhere in the Section is the president granted the “executive authority” Tamar’s article suggests exists, allowing the president to adopt and enforce Measures as he shall judge necessary and expedient
Well, we have one more Section to review, perhaps the “executive authority” Tamar mentions is to be found there.
Section 4, the final section states that: 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.
This section would indicate the exercise of authority by the president of power not granted, which our founding fathers equate to in the Declaration of Independence as “usurpations” and “tyranny”, seems sufficient to me that our Speaker of the House is delinquent in not moving forward with articles of impeachment against a president who has repeatedly moved forward with “executive orders” that effectively encroach upon and overruled our legislative branch of government, not to mention his repeated refusals to enforce existing law, and has thus worked to subvert the separation of powers guaranteed under our Constitution. Would our founding fathers not view these acts of malfeasance, misfeasance and nonfeasance as “Misdemeanors”?
JWK
"If the Constitution was ratified under the belief, sedulously propagated on all sides, that such protection was afforded, would it not now be a fraud upon the whole people to give a different construction to its powers?"___ Justice Story