Article. I. (Legislative Branch)
All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.
. . .
The Congress shall have Power To . . .
To establish an uniform Rule of Naturalization,
To exercise exclusive Legislation in all Cases whatsoever, . . . ; — And
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.
Article II (Executive Branch)
The executive Power shall be vested in a President of the United States of America.
. . .
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, 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.
Article III. (Judicial Branch)
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish.
The first sentence in Article I, Article II, and Article III; each grant a different power to a different branch of Government. This is the creation of “the Separation of Powers” doctrine. Each branch of government is granted a completely different POWER with the word SHALL. When a branch attempts to exercise a POWER given to one of the other branches, then that branches’ ACTS are without authority and is illegal.
The separation of powers doctrine was a novel idea in governance borrowed from the Judeo-Christian Bible in order to prevent one branch of government from becoming too powerful. To prevent a King or Emperor from assuming power.
Congress has EXCLUSIVE POWER to write laws for a UNIFORM RULE OF NATURALIZATION.
The Executive is CONSTITUTIONALLY bound to enforce Congress’ laws and not to purposely assume another’ branches’ powers.
Thomas Jefferson explained in the Kentucky Resolutions penned in his own hand:
. . . (when) the General government assumes undelegated powers, it’s acts are unauthoritative, void, & of no force.
Dissenting in another case in 2013, Supreme Court Justice Scalia explained Congress’ powers to make the executive carry out U.S. Law:
. . . The matter would have been left, as so many matters ought to be left, to a tug of war between the President and
the Congress, which has innumerable means (up to and including impeachment) of compelling the President to enforce the laws it has written.
Congress’ has the POWER to FORCE the executive to comply with U.S. LAW. Up to and including impeachment as explained by Justice Scalia. Will Congress and the Supreme Court reign in the executive that legislates?
The executive branch will continue to do as it wishes until it is forcefully stopped. Force is the only option left when a violator will not bow to reason and the Constitutional grant of power.
If the current administration does in fact sign an executive order that legislates,
then that order in Jefferson’s language, is “unauthoritative, void, and of no force.”
If, the executive purposely violates his oath of office to “preserve, protect and defend the Constitution of the United States.” by assuming legislative power,
then, Congress is forced, as Justice Scalia explains, to use every power it has up to and including impeachment.