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OpEdNews Op Eds    H3'ed 9/9/09

Reviewing David Swanson's Daybreak

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Stephen Lendman
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Article II, Section 3 adds: "The President shall take care that the laws be faithfully executed" without saying that Presidents may make as well as execute laws, even though nothing in the Constitution permits it, and Article I, Section 1 reads: "All legislative powers herein granted shall be vested in a Congress of the United States."


However, executive power is key in the hands of presidents to exploit as it's concentrated in one (party bosses selected) man, chosen by an Electoral College that can subvert the popular vote if it wishes.


In times of war, presidents as military commander-in-chief are effective tyrants, and even though Article I, Section 8 grants only Congress the right to declare it, since 1941, all presidents did solely on their own authority.


They can also grant commutations or pardons freely except in cases of impeachment, make treaties with the advice and consent (not ratification) of the Senate, terminate them as well, and can rule by decree through executive agreements with foreign governments.


With rare opposition, they can appoint or discharge officials, veto congressional legislation, and nearly always be sustained. While only Congress has appropriating authority, they can release or not release funds for executive branch spending.


A huge bureaucracy is at their disposal, including powerful officials like the Secretaries of Defense, State, Treasury, and Homeland Security, and the Attorney General in charge of the Justice Department.


They can make one-man laws through Executive Orders and signing statements, powers easily abused as George Bush proved. He usurped "unitary executive" power to declare the law is what he said it was and got no congressional or judicial opposition to stop him.


Bush and earlier presidents, including Franklin Roosevelt during WW II, showed that presidents are unencumbered by constitutional restraints and can effectively rule as a sovereign, easily circumventing Congress and the courts to render the separation of powers neutralized.


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