jerryDan Pfeiffer
Senior Advisor
The White House
@Pfeiffer44

 

Dear Mr. Pfeiffer,

I am in receipt of your letter that you emailed out on July 30th of this year in which you complained about the House Republicans voting to sue President Obama for using his executive authority.  There are a number of inaccuracies in your letter, the first of which was that they voted to sue him for using his executive authority.  I found the following on Wikipedia:

“On July 30, 2014, the Republican-led House approved a resolution authorizing Speaker John Boehner to sue President Barack Obama over claims he exceeded his executive authority in changing a key provision of the Affordable Care Act (‘Obamacare’) on his own [17] and over what Republicans claimed had been ‘inadequate enforcement of the health care law,’ which Republican lawmakers opposed. In particular, ‘Republicans objected that the Obama administration delayed some parts of the law, particularly the mandate on employers who do not provide health care coverage’ [18]” (http://en.wikipedia.org/wiki/Executive_order)

Now after all the fight, after all the mud-slinging; after dragging this out through the Supreme Court and finally cramming it down the Nation’s throat, President Obama decided that he would make changes on key points of the law.  He made these changes without going through congress, he had no authority, either implied or specifically stated, in the Constitution.  He just wrote an executive order and decided that this is the way it was going to be.  This is an abuse of his power, and this is what the house Republicans want to sue him for.

In your letter you state:

“The President is not going to back away from his efforts to use his authority to solve problems and help American families. In fact, tomorrow, President Obama will announce his next executive action to crack down on federal contractors who put workers’ safety and hard-earned pay at risk.”

Mr. Pfeiffer, would you please show me in the constitution where the President has the right to make such laws.  Notice the following:

Constitutional Powers of the President

Article. II.

Section. 1.

The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years….

Section. 2.

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

  1. 3.

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States. http://law2.umkc.edu/faculty/projects/ftrials/conlaw/prespowers.html

 

Also notice:

United States Presidents issue executive orders to help officers and agencies of the executive branch manage the operations within the federal government itself. Executive orders have the full force of law[1]when they take authority from a power granted directly to the Executive by the Constitution, or are made in pursuance of certain Congress that explicitly delegate to the President some degree of discretionary power (delegated legislation). Like statutes or regulations promulgated by government agencies, executive orders are subject to judicial review, and may be struck down if deemed by the courts to be unsupported by statute or the Constitution. Major policy initiatives usually require approval by the legislative branch, but executive orders have significant influence over the internal affairs of government, deciding how and to what degree laws will be enforced, dealing with emergencies, waging war, and in general fine policy choices in the implementation of broad statutes.

Basis in United States Constitution [edit]

There is no constitutional provision nor statute that explicitly permits executive orders. The term “executive power”Article II, Section 1, Clause 1 of the Constitution, refers to the title of President as the executive. He is instructed therein by the declaration “take Care that the Laws be faithfully executed” made in Article II, Section 3, Clause 5, else he faces impeachment. Most executive orders use these Constitutional reasonings as the authorization allowing for their issuance to be justified as part of the President’s sworn duties,[2] the intent being to help direct officers of the U.S. Executive carry out their delegated duties as well as the normal operations of the federal government: the consequence of failing to comply possibly being the removal from office.[3]

An executive order of the President must find support in the Constitution, either in a clause granting the President specific power, or by a delegation of power by Congress to the President. [4]

The Office of the Federal Register is responsible for assigning the Executive order a sequential number after receipt of the signed original from the White House and printing the text of the Executive order in the daily Federal Register and Title 3 of the Code of Federal Regulations.[5]

Other types of orders issued by “the Executive” are generally classified simply as administrative orders rather than Executive Orders.[6] These are typically the following:

Presidential directives are considered a form of executive order issued by the President of the United States with the advice and consent of a major agency or department found within the Executive branch of government.[7]Some types of Directives are the following:

http://en.wikipedia.org/wiki/Executive_order

Presidents have the right to write executive orders to help officers and agencies of the executive branch manage the operations within the federal government itself.  That does not give him the right to go outside of those agencies within the executive branch.  Now while the executive branch does include the Department of Commerce, he oversteps his bounds there:

“The Department of Commerce is the government agency tasked with improving living standards for all Americans by promoting economic development and technological innovation.

The department supports U.S. business and industry through a number of services, including gathering economic and demographic data, issuing patents and trademarks, improving understanding of the environment and oceanic life, and ensuring the effective use of scientific and technical resources. The agency also formulates telecommunications and technology policy, and promotes U.S. exports by assisting and enforcing international trade agreements.

The Secretary of Commerce oversees a $6.5 billion budget and approximately 38,000 employees”  (http://www.whitehouse.gov/our-government/executive-branch).

He may write orders to help the department of commerce do its job; carry out its mission which is to improve living standards for all Americans by promoting economic development and technological innovation.  He may NOT, however, write an order threatening contractors whether they are putting their workers at risk or not.  That is simply NOT within his purview.  That is within the venue of the JUDICIAL BRANCH of the government.

On July 21st of this year, President Obama wrote an executive order that would forbid any business owner or contractor of faith from having contracts with the federal government unless they agreed with this administration’s view of sexual orientation and gender id.  He has no right to sign such an order and make it illegal for Americans not to follow it.  His executive orders are violations of the Constitution of the United States that many of us went to war to uphold; a constitution that he never spent one day defending in any kind of war, and the constitution that he clearly stated that he believes is out of date.

Mr. Pfeiffer, this president has violated the constitution more times than any other president I have ever heard of; I am 60 years old.  I hope and pray that the House Republicans do sue him for that is one action that I will back them on fully.

For Freedom’s Sake

Jerry D. McDonald

jerry@challenge2.org

 

 

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