Thursday, January 5, 2012

"If they refuse..."

From: James Kvaal - Policy Director, BarackObama.com
Date: Wed, Jan 4, 2012 at 10:03 PM
Subject: For those of us with credit cards, mortgages, or student loans
Reply-To: info@barackobama.com

President Obama has been saying for months he won't wait around for Congress to get middle-class families and working Americans back on their feet. He'll work with Congress when he can, but if they refuse to act -- he will.

United States Constitution
Article I, Section 3:
if Vacancies happen by Resignation, or otherwise, during the Recess of the Legislature of any State, the Executive thereof may make temporary Appointments until the next Meeting of the Legislature, which shall then fill such Vacancies.
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.

There is a difference between Congress being on "Recess" and Congress "refus[ing] to act."


Article II, Section 1:
The executive Power shall be vested in a President of the United States of America.
Article II, Section 3:
he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

The Constitution does not call on a President to "work with Congress when he can" but to "take Care that the Laws be faithfully executed."

That's why it's executive power and not absolute power.

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