U.S. Constitution; “separation of powers” and remedy for purposeful violation

U.S. Constitution

Article. I.   (Legislative Branch)

Section. 1.

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.

. . .

Section. 8.

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)

Section. 1.

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.”

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.

Article III. (Judicial Branch)

Section. 1.

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.


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.

6 thoughts on “U.S. Constitution; “separation of powers” and remedy for purposeful violation

  1. We had all — Dems and Republicans alike — understand that, if Congress can’t (or won’t) impeach Obama for what he is about to do, then we have no reason to expect that same Congress would bother to force him from office should he decide not to leave in 2016. In fact, if Congress will not do its duty after tonight, what reason do they have for even existing after tonight? They will have surrendered their power to the Presidency, thus officially making him a dictator.

    NO! None of this is ‘hyperbole.’ We are honestly looking at a repeat of how Hitler took over Germany. All they need now is their Reichtag fire moment, and they have been trying to engineer that for a while (Occupy Wall Street, the Zimmerman case, Ferguson, Amnesty — push, push, push until the riots start and the decent people feel forced to fight back. Then they will declare their ’emergency,’ suspend the Constitution and start taking up weapons.)

    • What’s Old is New.

      Here’s a description and a reminder from the OT for the Crooks in the Congress, White House , unelected Gov’t agencies and our joke of a Judicial System especially the Supreme Court.

      ” The devout have vanished from the land: there is not one honest man left. All are lurking for blood,…
      Their hands are skilled in evil: the official demands…., the judge gives judgement for a bribe,
      the man in power pronounces as he pleases.”

      Micah 7: 2-4

  2. Reblogged this on Centinel2012 and commented:
    In theory this is all true but it would take 67 votes out of the 100 in the Senate to find a president Guilty as charged by the impeachment of the house. The House impeachment part only requires a majority which would be 218 out of 435. 13 least 13 Democrats would have to vote for a guilty verdict along with all the republicans — this is not like to happen just as it didn’t happen with Clinton in 1999.

    • Unless they wait until the new Congress is seated and Republicans control the agenda, then move to exclude all Senators who have supported Obama between now and then as admittedly biased (remember, they are supposed to be acting as jurors). Or better yet, have the Senate declare them un-indicted co-conspirators to the violation of the Constitution. 🙂

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