Executive Branch and Presidential Powers in The U.S.A.
The role of the President and Executive Branch of the U.S. Government is defined in Article II of the Constitution of the U.S.A. The U.S. Constitution is the highest law of the land which overrules all other lesser laws.
Article. II., Clause 8, forces 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.".
The function of the President and Executive Branch of the U.S. Government is limited to the following as defined in Article II:
- Only on declaration of war by Congress does the President becomes
the Commander in Chief of the military. - Section 2. Clause 1:
"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;"
NOTE: ONLY CONGRESS HAS THE AUTHORITY TO DECLARE WAR and money for standing armies may not be appropriated for more than two years: U.S. Constitution Article. I. Section. 8. I.e. The U.S. Constitution clearly dictates that there will be no standing army in the U.S. other than when Congress declares war which shall not be for more than two years.
- The power to grant Reprieves and Pardons for Offences against the United States, except in Cases of Impeachment. - Section 2. Clause 1.
- To make Treaties, but only by and with the Advice and Consent of the Senate and provided that two thirds of the Senators concur. - Section 2. Clause 2.
- To nominate and with the Advice and Consent of the Senate appoint the following: Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose positions are established by Law but not identified by the Constitution. But Congress vests such appointments by law. Note: Nominate, Appoint then Vest. I.e. Two thirds of Senators must approve any appointment and Congress, which includes the House and Senate can only put into office these approved nominations into office. - Section 2. Clause 2.
- To fill up Vacancies in the Senate that may happen during the Recess of the Senate. - Section 2. Clause 3.
- Give to Congress Information of the State of the Union. - Section 3.
- On extraordinary Occasions the President may convene both Houses. - Section 3.
- Receive Ambassadors and other public Ministers. Section 3.
- Take Care that the Laws be faithfully executed. - Section 3.
- Commission all the Officers of the United States. - Section 3.
- To approve any law made by congress or within ten days to veto any law that is not approved by more than two thirds of Congress. - Article I, Section 7., Clause 2.
That's it folks, the President of the United States of America has no other authority. He has no authority to make law, no authority to declare war. Congress has the exclusive and only authority to make law or declare war - see Of Matters of War & The Unites States Of America.
In an emergency of extraordinary nature the President can only call for Congress to meet to consider an issue. There is no construct within the law of the land for the President to make law or declare war by Executive Order or any other function, any President who has attempted such has committed treason and any Order establishing law made by any president is void on it's face.
The President has no authority to make law - Executive Orders are Treason by form and nature - a President assuming such authority must be held accountable under the law. See also The Impact of Executive Orders
Article II., Section. 4. states: "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."