2007-05-10

US Consitution Article II

Article II of the US Constitution establishes the Executive Branch, the President of the United States of America. In our balance of power, the President is the most powerful single person in the United States. He (no woman has been elected president) is able to appoint officials and veto or approve laws.

Section 1 Clauses 1 & 2: "The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows:
Each State shall appoint, in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or Person holding an Office of Trust or Profit under the United States, shall be appointed an Elector."

The first two clauses establish the President and Vice President and the term of four years. They also create the Electors, the Electoral College. There has been a movement in recent years to make the popular vote decide on who is the president. This would be quite an abboration of our great nation. Currently, each state is guaranteed at least 3 electors, but under a popular vote system, a state such as Wyoming would have the equivalent of fewer than that. Since the State's give the power to the federal government this would create a tyrany of the federal government.

Clause 3 has been made obsolete by an Amendment.

Clause 4 and 5: "The Congress may determine the Time of chusing the Electors, and the Day on which they shall give their Votes; which Day shall be the same throughout the United States.
No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President; neither shall any Person be eligible to that Office who shall not have attained to the Age of thirty five Years, and been fourteen Years a Resident within the United States."

Congress is able to regulate the day of voting. Only natural born citizens can be President. There has been talk of changing this to include people such as Arnold Schwarzenegger who have been citizens for over 20 years. The argument against this is that these people will still have more allegiance to their home country than a first generation individual would.

Clause 6 has been made obsolete by an Amendment.

Clauses 7 & 8: "The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
Before he enter on the Execution of his Office, 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."
The president will be paid for his service which will not vary during his term. Clause 8 establishes the oath of office, to which most presidents have added "so help me god" to the end (hopefully this ending will itself end soon...).

Section 2, Clause 1: "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."
The president is the commander of all armed forces within the nation, but only when called into service, such as through a declaration of war.

Clause 2: "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 has the power to make treaties with 2/3 of the senate concurring. He can also nominate various public officials (the most important being the Supreme Court) if a majority of the Senate approves.

Clause 3: "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."
The President can fill offices without the Senate's approval if done when they are on break. This is called a "recess appointment" and the official will only be in that position temporarily. John Bolton was nominated as Ambassador to the united nations this way.

Section 3: "He shall 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."
This section requires that the President give a "state of the union" (now a speech filled with ceremony and pomp) to the Congress. He may also bring both houses together to speak with them and most importantly "take Care that the Laws be faithfully executed" which establishes the "executive orders" in which the President can direct the interpretation of the laws.

Section 4: "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."
Does lying about a blowjob count as "treason, bribery, or other high Crimes and Misdemeanors" ?

You be the judge.

Bush's Vetoes

It looks like GWB is going to veto another Iraq spending bill. The first he vetoed actually set a timeline for withdraw. The new bill would with hold funding until after progress is checked during the summer. These two bills are pretty big, as the democrats have been real pussies on this issue for a while. Most of them voted for "the war". That term is awful. This is not a true war its an unconstitutional operation. The only way the United States can go "to war" is for the Congress to vote to declare war, not hand the Executive Branch a carte blanche to do whatever they want. Those of you who read my blog will remember that in Article I, Section 8, Clause 11 that "Congress shall have the power... to declare war." Only Congress.

The only candidate with the balls to say he was wrong is John Edwards. Hillary Clinton blames Bush, saying she was misled. Do your fucking home work before you vote to give the president a war!

Here's what I think should happen: if this bill gets vetoed, don't pass another. Cut off all money from the war, the troops, everything. The quickest way to end a government project is to cut funding. People may die on the way out but a lot more are going to die if we don't do something.