U.S. Administration & Congress Operating Outside The Bounds Of The Constitution

Opinion
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Operating Outside The Bounds Of The Constitution Treason iStock-Sergei-Q

New York – -(AmmoLand.com)- The Executive Branch, the Office of the President of the United States, is operating in contradistinction to its Constitutional directive in defiance to the “TAKE CARE” CLAUSE of the Constitution.

Article 2, Section 2 of the Constitution says, in pertinent part, that the U.S. President “shall take Care that the Laws be faithfully executed.”

This isn’t a suggestion or wish. This is an obligation and one that the present Administration has not only flaunted but has dismissed out-of-hand.

And the Legislative Branch, Congress, is failing to heed its salient obligation to Nation, Constitution, and People, in contradistinction to the “NECESSARY AND PROPER” CLAUSE of the Constitution.

As set forth in Article 1, Section 8, Clause 18 of the Constitution, it is the function of Congress,

“To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof.”

The Neo-Marxist Pelosi-Schumer-controlled Congress extracts from the “NECESSARY AND PROPER” CLAUSE only what it wants.

But, this clause DOES NOT grant to Congress unlimited power to alter the Constitution as it wishes, outside the strict bounds set by the Constitution.

“The Necessary and Proper Clause does not vest Congress with any power to alter constitutional structure by statute. Congress may only use that Clause to assist itself and the other branches by providing the means for carrying into execution a power already possessed by a branch of the federal government.”  “The President’s Power to Execute the Laws, 104 Yale, L.J., 541, by Steven G. Calabresi, Associate Professor, Northwestern University School of Law; J.D. Yale University; and Saikrishna B. Prakash, J.D., Yale University.

The only way Congress can change the Constitution, lawfully, is through the Amendment process. That process is set forth in Article 5 of the Constitution. It is a difficult, complex, time-consuming task; deliberately so.

This is as the Founders made it,,, lest unscrupulous, ruthless individuals in Government attempt to utilize the Constitution to corrupt it, transforming the Government operating under Republicanism into Authoritarianism or Totalitarianism.

But, even if the Pelosi-Schumer Congress or some other unscrupulous Congress could convince enough States to cede power to it, through the Article 5 Amendment process, this would amount to the shredding of the doctrine of Federalism.

The amendment process would drastically alter the framework of Government grounded on REPUBLICANISM. But that is the goal: to dismantle a free Constitutional Republic, unimpeded. It would be an impossible task, as well it should.

A massive reconfiguration of the Federal Government even if attempted lawfully, through the application of the Article 5 amendment process, would require:

  • REPEAL OF THE BILL OF RIGHTS OF THE CONSTITUTION
  • REVISION OF ARTICLE 4 OF THE CONSTITUTION

Let us look at this more closely tomorrow. To be continued.


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Wild Bill

I concur. I also think that the democrats will learn nothing from this. The party will continue to be run by marxists, who see the rest of this term as their opportunity to fix things so that they never lose power and change the relationship between we the people and government, forever.

Montana454Casull

When the government no longer represents the people they become irrelevant and any unconstitutional laws they pass are to be ignored . We will all be criminals in the eyes of the Democrsts . We will all be American patriots in the eyes of our founding fathers . God Bless America and our founding fathers and to hell with the Marxist communist scumb !

hippybiker

The Constitution? I believe Pelosi, Schumer and “Slippers” Biden have special toilet paper with the Constitution and OUR Bill of Right printed on it!
That’s what those F*cking miscreants think of us!

Stag

The have been operating outside the bounds of the constitution for well over 100 years.

Qui Bono?

Agreed. Administrations from both parties have skirted the Constitution in the name of expediency with respect to any number of issues, because amending the Constitution is (correctly) a slow and often difficult process, and requires hard work.

nrringlee

I am not so confident. The Progressive New Left employs incrementalism as its primary form of attack. They are patient. They will take one step back in their march through the institutions of America. They will simply retreat on the trannies in the library front for a bit and attack on other fronts while the public sleeps. These are very focused and very determined subversives. Communists can take a beating and suck it up and come back for more on the hopes that their Marxist utopia is just around the corner. Free people will forget that the price of liberty… Read more »

john

Not so fast sorry the headline is Murphy has the lead due to more mail in ballets from democrats just arriving. Did you really think that the democrats will not again do what they did in the presidential election of 2020. They are marxists corrupt to the core this will become the new normal. They will use mail in ballots in the midterms as the new more improved virus will strike just in time. The news can not be trusted Fox news is now much like the weather channel they predict events that do not transpire than have no accountability… Read more »

john

Fox news has been traded to the wives of the owners of the network and they are democrats.

john

Democrats seem to always win in the tri state area funny the people scream about the mayors & governors who win elections there. More of the same to come after the 2020 election they will get better at hiding all the dishonest behavior.

john

History demonstrates the danger of trusting chief executives to take the nation into war. A legislative vote may not guarantee that the U.S. will avoid unnecessary international conflicts, but it does force a public debate. The administration’s costly bungling in Yugoslavia illustrates why the framers intended that the decision to go to war be vested in the Legislature.The democrats have never been afraid to bend the constitution as a good example was Bill Clinton .Republicans are not that innocent either when it come to our past Presidents. Like his predecessors, Clinton has resisted any attempt to restrict his war powers. In late… Read more »

john

The U.S. Constitution clearly states, “The Congress shall have power to … regulate commerce with foreign nations.” Congress has a responsibility to assert this right and forge consensus on trade and globalization.Today, driven by a new technological revolution, national markets are being transformed into global networks of finance, production and distribution. Markets — for goods, money and even labor — are integrating across borders beyond the reach of national legislative bodies.However, all too often, the benefits of globalization have overwhelmingly flowed to the most affluent and powerful, while the costs have been shouldered by ordinary citizens in both developed and developing nations. Ask… Read more »