By Daniel Vincent McGonigle III
November 20, 2014 [This commentary was originally published as a “Note” on Facebook, November 6, 2014]
Specific powers granted, and the separation of powers, are enumerated in the Constitution.
Presidential Executive Orders/Actions apply within the federal Executive branch of government; and do not apply to the Congress, the Judiciary, the States, or We the People. Executive Orders are not Laws, which are made by Congress.
Orders signed and executed by past Presidents, and the absence of judicial determination, are irrelevant to determining the constitutionality of Executive Orders. The Constitution means what it says.
The People have superseding power:
[Declaration]: “Governments are instituted among Men, deriving their just powers from the consent of the governed ”.
[Preamble]: “We the People *** do ordain and establish this Constitution for the United States of America.”
Article I Congressional power:
Art I Section 1: “All legislative Powers herein granted shall be vested in a Congress of the United States, . .”
Art I Sec 8 Clause 4: “To establish an uniform Rule of Naturalization . .”
Art I Sec 8 Clause 15: “To provide for calling forth the Militia to execute the Laws of the Union, suppress Insurrections and repel Invasions;”
The purpose of the 435 U.S. Representatives is to represent We the People.
The purpose of the 100 U.S. Senators is to represent the States. The 17th Amendment of 1913 was and is repugnant to the original intent of the Constitution, and removed power of the States over their U.S. Senators; thereby unbalancing the separation of powers between the States and federal government, in favor of federal government and more centralized power.
Nowhere in the Constitution is there any remote suggestion that law-making be in the sole hands of a single person.
One of the purposes and powers of “the Militia of the several States [Art II Sec 2 Cl 1] *** composed of the body of the People ” [Virginia Const Decl of Rights Sec 13] is “to execute the Laws“, including per Art VI Clause 2: “This Constitution *** the supreme Law “, when it is “[being] necessary to the security of a free State ” [2ndAmendment]; and, additionally confirmed by “The powers *** reserved to the States respectively, or to the people.” [10thAmendment].
A necessity for emergency execution would include when the everyday constitutional execution of the Laws is not being performed, such as the current state of affairs.
Article II Presidential power:
Art II Sec 1 Clause 1: “The executive Power shall be vested in a President of the United States of America . .”
Art II Sec 3: “He *** shall take Care that the Laws be faithfully executed, . .”
When a bill passes Congress and then goes to the President’s desk: the POTUS can sign it and it immediately becomes Law; the POTUS can refuse to sign it and it becomes Law in 10 days; or, the POTUS can Veto it, which would require a 2/3 vote passage by Congress to override the Veto for it to become Law. The Veto power is an additional constitutional check that is available on a majority vote in Congress.
Only a constitutional ignoramus, pretending to have advanced constitutional knowledge, would assert that–when it is said “the President signed a bill into Law ” means that the President made Law.
Congress is enumerated to make [constitutional] “Laws *** made in Pursuance” of “This Constitution”; the President and officials underneath the President execute [constitutional] Laws; and the People through the Militia are enumerated “to execute the [constitutional] Laws ” in an emergency or when “necessary to the security of a free State “.
Powers are granted or “vested ” under separate Articles, to prevent any one branch of government from becoming dictatorial or too powerful over other branches.
Orders signed and executed by by the President must be within the powers constitutionally granted and within the Laws existing: “This Constitution, and the Laws *** made in Pursuance thereof ” [Art VI Clause 2].
When the President said after the election that he would do whatever he could do through executive action, the alleged “lawful” action he meant was signing an Executive Action that would pretend to make new immigration “Law ”, which would in fact not be “lawful” because only Congress has enumerated power to make “Laws“.
The President is pretending that his predicted executive action would be constitutional and lawful, despite his lack of law-making authority and the separation of powers, despite his lack of authority to give Orders affecting society outside of the federal executive branch, and despite the constitutional mandate and restriction of Art I Sec 8 Clause 4.
“To establish an uniform Rule of Naturalization ” means the same single line and same Law for everyone seeking USA citizenship; which means no exceptions, and certainly no special “amnesty” for millions of illegals.
So, it strongly appears that the proposed “amnesty”, if permitted to be done, would violate multiple Clauses of the U.S. Constitution.
Who will enforce our Constitution, when “necessary “?
At the time that the Constitution was approved in Convention in Philadelphia, and then ratified by the States in their Conventions, the body of the People were enumerated to compose the Militia by State Constitutions and Statutes: “That a well regulated militia, composed of the body of the people, trained to arms, is the proper, natural, and safe defense of a free state . .” [Virginia Constitution Decl of Rights Sec 13].
The U.S. Constitution & Bill of Rights, and then federal Militia Statutes, maintained and strengthened the pre-existing State-County-Local Militia command structures. It makes perfect, logical sense that the superseding constitutional authority is enumerated to enforce our Constitution in any emergency or when necessary.
The alleged “liberty movement” and alleged “constitutionalists” need to get with the program, or get out of the way. The un-American factions must be and will be prevented in their facilitation of destruction of America from either without or within. When factions resort to baseless name-calling [e.g. “extremist”; “potential domestic terrorist”] in their talking-points, they reveal their own lack of legitimate argument. America can and will be constitutionally restored to her intended greatness; when “the People” get on board with our own superseding authority, 2nd only to “the Laws of Nature and Nature’s God “.
It is job #1 of the 7,300+ State Legislators to restore and re-organize the disbanded command structures, and then ensure performance of enumerated State-County-Local institutions composed of We the People that have the ultimate constitutional authority “to execute the Laws of the Union“, including enforcing “This Constitution *** the supreme Law” when it is “necessary to the security of a free State” [Art I Sec 8 Clause 15; Art VI Clause 2; 2nd Amendment].
We the People in re-organized re-authorized command structures as mandated, will enforce our Constitution when “necessary”, as intended. Proper performance of these mandated State-County-Local command structures, includes the constitutional means to truly secure our borders, and to fully deter tyranny, as “necessary“.
November 6, 2014 — https://www.facebook.com/notes/daniel-vincent-mcgonigle-iii/our-great-constitution-to-establish-an-uniform-rule-of-naturalization-v-executiv/1559633277605476
© 2014 Daniel Vincent McGonigle III
See: Sheriffs standing up:
See: OBAMA IMMIGRATION ACTION IS ILLEGAL AND UNCONSTITUTIONAL, J.B. Williams, November 25, 2014 http://www.newswithviews.com/JBWilliams/williams294.htm
See: Q – Where are Executive Orders authorized in the U.S. Constitution?, November 18, 2014, The American View http://www.theamericanview.com/q-where-are-executive-orders-authorized-in-the-u-s-constitution-2/
Mr. McGonigle is expert on the Security-Militia Clauses in the Constitution & Bill of Rights, and is author-editor of “Execute the Laws” To Restore the Republic (2013) Camp Constitution Press. He publishes brief commentaries here and at the blog EnforceOurConstitution.com, and is a regular instructor at the annual Camp Constitution. Mr. McGonigle, through published posts, commentaries, interviews and speaking tours, is promoting the formation of official Committees of Correspondence and official Committees of Safety, first at the local level and based on historical precedent. Since 2010, and following in the footsteps of the nation’s top constitutional scholar–Dr. Edwin Vieira, Jr., Mr. McGonigle has been promoting necessary revitalization of enumerated well regulated Militia of the several States, that will peacefully facilitate restoration of constitutional security, constitutional money and constitutional enforcement.
“Execute the Laws” To Restore the Republic (2013) — http://campconstitution.net/store/products/execute-the-laws