By Randy Deabay
Can Americans honestly state that without a doubt that the current POTUS is faithfully executing the law as provided, or is he trying to corrupt, confiscate, and coerce the Constitution into something more menacing? When the President fails to perform his constitutional duty that he takes care that the laws be faithfully executed, the Congress has appropriations and other powers over the President, but none of those powers can be exercised unless both houses of Congress work together.
Today we see deep divisions in both the House and the Senate between the weak backboned politicians who are greedy and those who stand on principle. When the Congress and Senate cannot do the job that they were elected for, then the job lays upon the hands of the Supreme Court. The Supreme Court has squarely rejected the authority of the President to refuse to enforce constitutional laws. As early as the Court’s 1803 decision in Marbury v. Madison, the Court recognized Congress’s authority to impose specific duties upon executive branch officials by law, as well as the official’s corresponding obligation to execute the congressional directive.
Article II, Section 3 of the Constitution requires the President to “take Care that the Laws be faithfully executed.” This clause, known as the Take Care Clause, requires the President to enforce all constitutionally valid Acts of Congress, regardless of his own Administration’s view of their wisdom or policy. The clause imposes a duty on the President; it does not confer a discretionary power. The Take Care Clause is a limit on the Vesting Clause’s grant to the President of “the executive power.”
While America stands hardly able to comprehend how anyone would have elected a television character of the worst kind, who made money by firing other people could become president with so many questionable actions in his life, Donald J. Trump has had a history over the last fifty days to corrupt the Constitution.
His attempt and desire to have the death penalty for Police killers is not a federal function, but that of each individual state mandate. The president can’t impose any penalty. That is the job of judges and juries. Any federal death penalty would eviscerate federalism and dilute the role of courts. Indeed, the Supreme Court ruled against a death penalty mandate in Woodson v. North Carolina, noting that it would be a violation of the Fifth Amendment’s due process protections and 14th Amendment’s due process and equal treatment protections.
Donald Trump wants to toss out all Mexicans, as he has accused them of all being drug dealers and rapists. To even find all 11 million undocumented immigrants would mean racial profiling on a grand scale, which would be constitutionally problematic. But along with them he also plans to send their American children — whom Trump derides as “anchor babies” — packing. This would require stripping them of their citizenship first — which the Constitution does not give the government the right to do, not even for proven terrorists. Not just that, Trump cannot withhold citizenship for future “anchor babies” without a constitutional amendment to scrap the 14th Amendment that extends citizenship rights to everyone born on American soil except for children of foreign diplomats and American Indians (who belong to sovereign tribes).
The Trump anti-immigration act is a bigoted, unconstitutional plan. This ban includes those of specific origin, Muslim. This in itself goes directly against the first Amendment which guarantees the freedom of the exercising one’s rights to practice their religious beliefs as they see fit. The Nations he is banning have no history of terrorism on American soil, which leads one to question why this immigration ban? While leaving the doors open for the true terrorist’s financiers to come and go. Donald has shown his hand quite clearly in his desire to show bigotry while cozying up to Nations who can give him financial gain for his companies.
Speaking of his companies, the President is going directly against the Emoluments Clause, which disallows a federal political figure from personal gain from dealings with foreign nations while he is in that federal office. The current Chinese deal, the pay for rooms in his hotels, and the golf courses are all at risk when it comes to him not removing himself completely from these entities. The President could de-emphasize these by offering to publicly show his tax returns that he is fearful will provide evidence of his business dealings and connections worldwide.
One of the most troubling, however, is what he has threatened to do to media as President. He says he’d not only unleash libel laws to allow public officials to sue the press more easily, but also look for other ways to discipline critics. For example, he has threatened to go after Washington Post publisher Jeff Bezos, who founded Amazon, on anti-trust grounds for publishing “wrong” stories about him. But anti-trust laws were meant to thwart monopolies. If he can use this law to silence critics, it is beyond horrifying to imagine what havoc he’ll wreak when he has the entire federal apparatus — the Internal Revenue Service, the Justice Department, the FCC — at his disposal. This in itself is a direct attack on the first amendment and can have dire consequences if he wins any portion of this in a court of law. This could lead to the stoppage of freedom of religion, and as we have seen, the stoppage of peaceful protests, where seventeen states have already passed peaceful protest gag orders.
Trump’s contempt for federalism, separation of powers, checks and balances, and basic American political norms, has created an atmosphere for Nationalism, which is far from Americanism, Patriotism, or Constitutionalism. Donald J. Trump, as POTUS also shows just how ruthless he will be in discrediting anyone or anything that comes in the way of his political ambitions. These underhanded dangerous antics can and are coming to fruition the dubious dealings with Russia and other corrupt countries that are attempting a silent coup in America.
Americans must stand up to these antics, and illegal activities and demand that their politically elected officials do the work of the citizens and not of the special interests and enemies of America for gain. Time Patriots became the voice of reason, and it does not mean that currently the disillusioned Republicans, ignored Conservatives, the Liberals, Democrats, and strengthening Constitutionalists should not all join together to save the country that they love from the Criminally nationalistic bombastic POTUS of today…
Ronald Reagan’s Inaugural address:
Let us resolve in our aspirations this from Ronald Reagan’s Inaugural Address: On the eve of our struggle for independence a man who might have been one of the greatest among the Founding Fathers, Dr. Joseph Warren, president of the Massachusetts Congress, said to his fellow Americans, “Our country is in danger, but not to be despaired of . . . . On you depend on the fortunes of America. You are to decide the important questions upon which rests the happiness and the liberty of millions yet unborn. Act worthy of yourselves.”
May God Bless you, every Reader, May God Bless America, and the Freedoms it was built upon.