WHY OBAMA SHOULD BE ARRESTED!
The President’s Duty to Faithfully Execute the Law. He swears to do that on the day he assumes office.
Article II, Section 3 of the Constitution requires the President to “take Care that the Laws be faithfully executed.” The President must enforce all constitutionally valid Acts of Congress, regardless of the Administration’s view of their wisdom or policy. Without enforcement of the law, there cannot be accountability under law, which is essential to a functioning democracy. When the President fails to perform this duty, the Congress has appropriations and other powers over the President, but none of those powers can be exercised unless both houses of Congress work together. The most powerful means of solving this problem is the electoral process. Congress may also hold the President accountable by asking the courts to call the fouls when the lines of constitutional authority have been breached.
n 1838, early in his career,
Abraham Lincoln delivered an address to the Young Men’s Lyceum of
Springfield, Illinois. It was entitled “The Perpetuation of Our
Political Institutions.” In it, he said:Article II, Section 3 of the Constitution requires the President to “take Care that the Laws be faithfully executed.” The President must enforce all constitutionally valid Acts of Congress, regardless of the Administration’s view of their wisdom or policy. Without enforcement of the law, there cannot be accountability under law, which is essential to a functioning democracy. When the President fails to perform this duty, the Congress has appropriations and other powers over the President, but none of those powers can be exercised unless both houses of Congress work together. The most powerful means of solving this problem is the electoral process. Congress may also hold the President accountable by asking the courts to call the fouls when the lines of constitutional authority have been breached.
Let every American, every lover of liberty, every well-wisher to his posterity, swear by the blood of the Revolution, never to violate in the least particular, the laws of the country; and never to tolerate their violation by others. As the patriots of seventy-six did to the support of the Declaration of Independence, so to the support of the Constitution and Laws, let every American pledge his life, his property, and his sacred honor;—let every man remember that to violate the law, is to trample on the blood of his father, and to tear the character of his own, and his children’s liberty. Let reverence for the laws, be breathed by every American mother, to the lisping babe, that prattles on her lap—let it be taught in schools, in seminaries, and in colleges; let it be written in Primers, spelling books, and in Almanacs;—let it be preached from the pulpit, proclaimed in legislative halls, and enforced in courts of justice.
The President and the Take Care Clause
Article II, Section 3 of the Constitution requires the President to “take Care that the Laws be faithfully executed.” This clause, known as the Take Care Clause, requires the President to enforce all constitutionally valid Acts of Congress, regardless of his own Administration’s view of their wisdom or policy. The clause imposes a duty on the President; it does not confer a discretionary power. The Take Care Clause is a limit on the Vesting Clause’s grant to the President of “the executive power.”
The United States Court of Appeals for the D.C. Circuit, in an opinion handed down just last year striking down the President’s assertion of authority to disregard a federal statute, provided a succinct description of the President’s obligations under the Take Care Clause, as follows:
Under Article II of the Constitution and relevant Supreme Court precedents, the President must follow statutory mandates so long as there is appropriated money available and the President has no constitutional objection to the statute. So, too, the President must abide by statutory prohibitions unless the President has a constitutional objection to the prohibition. If the President has a constitutional objection to a statutory mandate or prohibition, the President may decline to follow the law unless and until a final Court order dictates otherwise. But the President may not decline to follow a statutory mandate or prohibition simply because of policy objections. Of course, if Congress appropriates no money for a statutorily mandated program, the Executive obviously cannot move forward. But absent a lack of funds or a claim of unconstitutionality that has not been rejected by final Court order, the Executive must abide by statutory mandates and prohibitions.[1]
When the President fails to perform his constitutional duty that he take care that the laws be faithfully executed, the Congress has appropriations and other powers over the President, but none of those powers can be exercised unless both houses of Congress work together. Nor would the exercise of those powers solve the problem at hand, because they would not actually require the President to faithfully execute the laws.
Of course, the most powerful and always available means of solving the problem at hand is the electoral process. In the meantime, however, the need to pursue the establishment of clear principles of political accountability is of the essence.
NOW WHEN THE CONGRESS AND MOST OF THE JUDICIARY HAVE BEEN USURPED AND THERE IS NO PLACE LEFT TO GET JUSTICE..
ONLY ONE CAUSE OF ACTION IS LEFT...
REVOLUTION.
IT IS TIME!!
