Art. I, Sec. 1. States, “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.”
No other branch of the government is given such power!
Therefore, anything done subsequent to the proper passing of
a law by Congress and its acceptance by the President with his signature,
should be in support or execution of the law for its intended purposes. Nothing is said about “interpreting” or
“expanding” such laws by any department or officer of the government. Nor is there any mention of “creating rules
or regulations” that would extend the power of any agency of government beyond
those defined in the law.
If we consider what the Founding Fathers tried to provide
us, we come face to face with the fact that for the past 100+ years, we have
been trying in every conceivable way to avoid abiding by the framework they
constructed and by which we were supposed to operate. Contrast the last century with the preceding
one. We immediately recognize a difference that, while starting small, has
grown over the years to the point where today, the federal government believes
it can (and according to progressives, should) be involved in every aspect of a
citizen’s life. That hardly sounds like
the freedom for which our Founders fought, died and pledged their sacred honor.
While the Founders were not demi-gods, they most assuredly
had high principles, strong morals and were dedicated to honesty in their
efforts to produce a government of self-governing individuals. They accepted the idea that man was fallible
and as Jefferson wrote, needed to be “bound down with the chains of a
constitution”. Our “free-wheeling” “anything
goes” society today is ample evidence of their sagacity.
A basic reading of the Constitution should lead almost
anyone to the realization that laws made under the constitution should only be
in pursuit of the various powers granted by that document. Nothing is said about any other function or
department of the government having such power.
Yet, we allow departments such as the IRS to issue rules or regulations
that take on the force of law!
Technically, the IRS can only issue rules or regulations in furtherance
of the power of the law that established the unit. Yet, the IRS goes blithely on even
investigating individuals who disagree with the administration in power. It is certainly questionable that they
actually have such power. Yet who is to
stop them?
From this we ask the question about “executive” orders,
something with which the present administration seems enamored. Can Executive Orders, even by the President,
change the law established by Congress?
It would not appear so according to the Constitution since
the President is not provided with any “legislative powers”, only a “veto” for
those with which he disagrees. Even for those,
he must provide Congress with a reason for disapproval. At present, Presidential Executive Orders are
taking on the force of law. That, on the
face of it, is unconstitutional since he has no such authority. Technically, he can only issue Executive
Orders in furtherance of his responsibility “that the Laws be faithfully executed.”
Creating laws are the responsibility of the Congress.
If “we the people” are supposed to play by the rules as
established by the Constitution, shouldn’t we require that our elected or
appointed representatives do the same?
Otherwise we are being asked to play in a “rigged” game! I’m opposed.
That’s my view. What’s yours? Contact me at constitutionviews@gmail.com ©Copyright 2014 Hillard W. Welch
