Rule of Law II

Last week we looked at the first part of our Constitution, now I'd like to look at some more of it.

Article II deals with the President, the VP and the Executive Branch.  Section 1, paragraph's 1, 2 and 4 are concerned with choosing the President, while Paragraph 3 was cancelled by amendment. The 5th Paragraph is something that we've been really hearing about since 2008. "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." Currently there is a concern over whether or not our President is legally qualified to hold the office. (This is different than ethically qualified, which will probably be an entirely new article.) I do not know if Mr. Obama is a natural born citizen or not. I understand that he's spent over a million dollars in legal fees to prevent his birth certificate and college records from being produced. Why would he do that if he has nothing to hide? I also read about a National Guard officer who refused to go to Southwest Asia because he didn't believe Mr. Obama was legally entitled to order him there. The Army cancelled his orders. There is also a court-martial going on in the DC area right now. The defendent is a Lieutenant Colonel, Medical Corps, selected for promotion, recommended for higher command, and a decorated combat veteran of a number of conflicts going back to Bosnia. He, too, has refused orders for deployment until Mr. Obama proves he's a natural born citizen. You decide, I have.

Paragraph 6 is pretty interesting. The Constutution says that the line of succession, if the President cannot serve (i.e. dead or incapacitated) is the VEEP followed by whatever Officer appointed, in accordance with the Law, by Congress to act as President. Title 3 US Code Section 19(a)(1) states that if both the President and the VEEP are unable to serve than the Speaker of the House (Nancy Pelosi) becomes President, followed by the President Pro Tempore of the Senate (Dan Inouye since the death of Robert Byrd). However, if you look up Cabinet on the White House web site, Mr. Obama has said the line of succession is VEEP, Secretary of State, Secretary of the Treasury. Is Mr. Obama, once again, ignoring the Constitution?
But, than again, I'd rather have Clinton than Pelosi, they're both arrogant, but Clinton's intelligent.

Paragraph 7 talks about salary and Paragraph 8 requires the President to 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.” In  your mind is he doing that? I'm inclined to believe that he is, to the best of his ability, which in retrospect really isn't saying much, is it?

Section 2 gives us the duties of the President. He's Commander in Chief of the Armed Forces; he can pardon lawbreakers, except those who have been impeached; he makes Treaties; and he appoints officers, military and civilian, in his administration. Those are the primary functions. Other duties are scattered throughout the Constitution and the amendments. But keep in mind, the President is the Chief Executive Officer of this nation - not the Congress and not the Supreme Court, no matter what they may think!

Section 3 mandates the State of the Union address. But it doesn't require he give it to the Congress in person, he can send them a letter if he so desires. This section also gives the President the authority to convene the Congress or either House and/or to adjourn them until such time as he thinks is proper.

Section 4 covers the impeachment of the President and or the VEEP for Treason, Bribery, High Crimes and MISDEMEANORS. Now that certainly gives Congress some options. By the way, do you know how many Presidents have been impeached? Two. Andrew Johnson, for violating the Tenure of Office Act in 1868 (the Act was later declared unconstitutional), and Bill Clinton, for Perjury and Obstruction of Justice. Neither was convicted. (However, the Congress has impeached 14 Federal judges, 6 of whom were convicted {including current FL Congressman Alcee Hastings}; one Supreme Court Justice who was acquitted; one Cabinet Officer who was acquitted; and one US Senator that they didn't have the authority to impeach, the Senate expelled him.)

Next week, the Judicial Branch and the "odds and ends".

God Bless America.

Gunner Sends