shanek said:
As is the decision whether or not the application of certain laws is justified, again according to English Common Law.
Yes the executive power interprets law, but this interpretation can be overruled by the courts.
"Traditionally"??? Ours was the FIRST Constitution to have such separation of powers! What "traditionally" are you talking about???
I forgot about that.
Uh, the Constitution IS the law. It is the SUPREME LAW OF THE LAND. That's in Article VI. The Constitution is the law, superior to, and thererfore trumping, any other law.
I was referring to the specific law passed by Congress, if the President chooses not to implement a law, then obviously he isn't executing it faithfully.
You don't see that as a massive contradiction? How can he choose not to implement unconstitutional laws without being able to determine if it's unconstitutional or not?
If you're saying he has to wait for the Supreme Court to decide, that's just bogus, since he can't enforce a law that the Supreme Court overturns anyway.
No, I'm don't see any massive contradiction, and no I'm not saying he has to wait for the Supreme Court to decide, but if he claims a law is unconstitutional, then he can be overruled by the SC.
Edited to add: What you don't seem to understand, is that you're not just giving him the power to block unconstitutional laws, he can block any law he chooses, because there's no one who can overrule him, whether the law actually is unconstitutional is utterly irrelevant (as you examples, if accurate and complete, illustrate).
They DID. I QUOTED it. SEVERAL times.
You quoted something you think says that, I don't agree and it
certainly doesn't say it clearly and unambiguously.
FYI, the word "interpret" does not appear anywhere in the Constitution.
Where does it give the Supreme Court "in absolutely unabiguous terms" the sole power to decide the Constitutionality of laws?
I know the word interpret doesn't appear, but since it's impossible to write a Constitution that is 100% unambiguous in all cases, interpretation is called for. As for where it says so, you'll have to explain which part of "The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution" it is you don't understand
Article III only gives them the power to do so in court cases, when there's some kind of dispute about it.
Like a dispute between Congress and the President? Thank you for proving my point.
Um, that sentence makes no sense.
The President has IIRC a regular veto which can be overruled by 2/3 of Congress. You seem to argue he also has some kind of super veto that cannot be overruled by either Congress or SC, no matter how lame his arguments for the unconstitutionality of a law is.
The founders were certainly worried about the government using the law to keep down people who were speaking out against it or openly rebelling against its tyranny. There is case after case after case of the founders writing about the importance of the President to be able to stop tyrannical acts of Congress; in fact, this is one of the things the Federalists and anti-Federalists agreed on!
Being worried is one thing, granting a blanket permission to veto any legislation is another. Did any of them clearly state that the president had such power?
I believe it was James Madison who eliminated Jefferson's Embargo Act (which Madison was initially for, but ended up being a dismal failure).
What was his argument for doing so? He certainly cannot have claimed it was unconstitutional since: Congress has the power to "To regulate Commerce with foreign Nations"
Edited to add: Jefferson was a President. Was the Jefferson Embargo Act, passed by Congress? Obviously a president can counterman another presidents executive order.
Andrew Jackson tried to stem the tide of inflation and the boom/bust banking cycle by ordering that land be purchased with hard money (gold and silver) (that didn't work either, BTW).
How is this ignoring a law passed by Congress?
He also blocked the annexation of Texas since it would add to the number of slaveholding territories.
Again what was his argument for doing this, it sounds blatantly unconstitutional since "New states may be admitted by the Congress into this union"
Polk ignored a Congressional Declaration of War in order to get the Oregon territory without fighting with Britain (which he did by offering to extend the Canadian border to the 49th parellel).
Well the President is CIC of the armed forces, I'm not sure if he's obligated to fight a war just because Congress tells him to, it could be argued that it is only unconstitutional if he fights wars without Congress approval (though IIRC this happens pretty often regardless of whether it's Constitutional)
And one could certainly argue that Lincoln's Emancipation Proclamation was just such an instance, going against both state and Federal laws (although it, by design, was ineffectual).
Did this go against a law passed by Congress?
I don't know, it seems odd that 2 of the vetoes you say has been used by the president to block unconstitutional laws, have been used to deprive Congress of powers explicitly granted to them by the Constitution. Also in 200 years of history president5s might block some laws even if they weren’t technically allowed to. You don't have some SC ruling or similar that explicitly states that the President can do this? Also what happened to make this power go away?
The Supreme Court doesn't even come anywhere close to interpreting every single law, and the ones it does takes usually years after the passage of the law. So again, this doesn't pass the bogosity test.
SC doesn't have to rule on every law, only on laws that somebody claims are unconstitutional. That somebody could be the President.