Wicked Commentary

Just so there is no confusion when reading about the president’s executive orders and other mandates he lays down here is the exact enumerated powers of the executive branch according to our Constitution:

Art. I, Sec. 7, cls. 2 & 3, grants to the President the power to approve or veto Bills and Resolutions passed by Congress.

Art. I, Sec. 9, next to last clause, grants to the executive Branch – the Treasury Department – the power to write checks pursuant to Appropriations made by law – i.e., by Congress.

Art. II, Sec. 1, cl.1, vests “executive Power” [see below] in the President.

Art. II, Sec. 1, last clause, sets forth the President’s Oath of Office – to “preserve, protect and defend the Constitution of the United States”.

Art. II, Sec. 2, cl.1:

  • makes the President Commander in Chief of the armed forces when they have been called by Congress into the actual service of the United States. 3
  • authorizes the President to require the principal Officers in the executive Departments to provide written Opinions upon the Duties of their Offices.
  •  grants the President power to grant Reprieves and Pardons for offenses against the United States, 4  but he can not stop impeachments of any federal judge or federal officer.

Article II, Sec. 2, cl. 2 grants to the President the power:

  • to make Treaties – with the advice and consent of the Senate. 5
  • to nominate Ambassadors, other public ministers and Consuls, federal judges, and various other officers – with the advice and consent of the Senate.

Article II, Sec. 2, cl. 3 grants to the President the power to make recess appointments, which expire at the end of Congress’ next session.

Art. II, Sec. 3:

  • Imposes the duty on the President to periodically advise Congress on the State of the Union, and authorizes the President to recommend to Congress such measures as he deems wise.
  • Authorizes the President, on extraordinary Occasions, to convene one or both houses of Congress [e.g., when he asks Congress to declare War]; and if both houses can not agree on when to adjourn, he is authorized to adjourn them to such time as he deems proper.
  • Imposes the duty upon the President to receive Ambassadors and other public Ministers.
  • Imposes the duty upon the President to take care that the Laws be faithfully executed, and
  • Imposes the duty upon the President to Commission all the Officers of the United States.

That’s it! Anything else the President does is unlawful and a usurpation of powers not granted.  As you can see this president has gone far and above his executive power in so many instances I doubt we can even count them all. 


For further reading:  http://publiushuldah.wordpress.com/category/enumerated-powers-of-the-president/


Comments on: "The Enumerated Powers of the Executive Branch" (10)

  1. Excellent post Pepp! Thanks for laying this out exactly as our constitution reads.

    What you have posted IMO only further reinforces my opinion that EO’s have been misused since the very first one was initiated by Washington. The very first EO issued was to set a national holiday; Thanksgiving. I read no where in your post taken directly from the constitution that gave GW the authority name a national holiday for our nation to observe.

    Now obviously GW did nothing to go against our constitution and I have no problem with Thanksgiving being an national holiday, but our constitution did not give GW the authority to do what he did. Abuse of power is always overlooked when it seems harmless, but IMO abuse of power is abuse of power. Once the precedent was set it was open season for everyone and look what the Sumbitch In Chief has done with this abuse of power. Every EO I’ve ever researched imposed a presidential federal will on states and I do not believe the president has to power to do that.


    • Dave,

      Executive Orders are only permissible in a situation where Congress passes an unconstitutional bill and the president can use an EO to stop it. In this case it’s bass ackwards.


  2. He does it only with the complicity of BOTH parties in BOTH houses of Congress. The lib-prog Senate is rubberstamping all his unconstitutional activities by not calling his actions into question, and the RINO House does the same by appropriating the funding for every one of his activities, when it is within their power and due per their oath to stop paying for it.


    • drrik,

      Yes, I know he does it with a complicit Congress and Senate. The whole government needs to actually come down, throw out these bums and only keep those who have complied with the Constitution.


  3. Gray Ghost (Mississippi) said:

    Both parties are complicit in all of this, Pepp. One of our only hopes is that the TEA Party takes over the GOP and starts to get rid of every Rino.


    • Gray Ghost,

      I know both parties are complicit with Obama. What I’d like to know is why. Are they all globalists now and only want to save their own skin so they can be part of the proletariat?
      Whatever they need to go.


      • Gray Ghost (Mississippi) said:

        Gobalists, want-to-be dictators and the dictator’s ruling classes, closet communists, and/or just greedy SOB’s?

        Pepp, does it really matter? They are enemies of everything that you and I hold dear.

        And that is the power that the TEA Party holds; i.e., the power to get rid of all of the above. Because the members of the TEA Party are for the most part non-politicians and average every day Americans. As they begin to take over the GOP, it will force most of the Rinos either out of politics or into the Democrat Party. That in turn will change the federal government.

        But……don’t expect evil to leave. Until the Lord comes again, every generation will be fighting evil in one way or another. My father and his generation fought the Axis Powers and won. My generation fought the Communists and won (with the help of the WW2 generation). Now my generation and the next generation are fighting enemies on our own shores. And I fear that I will probably be dead before this fight is over. The US was over 40 years getting into this mess. Truthfully I believe that we will be at least 25 years getting rid of the damage done by the Liberal/Socialists. In 25 years, I would be 86, if I make it that long.


        • Ghost,

          I guess if you consider my article useless then so be it. I know all about this Marxist jerk and all who are complicit. Does it make a difference? I guess not and I should just stf up about it. I’m not targeting people like you with these articles. You seem to have a handle on what’s going on, but not everybody knows this. There are still many uninformed Americans. I am hoping those people will read and let this soak in before they vote in November and think it’s all right to put Obama back in.

          But, if you recall, the Hawk and I were sounding the alarm on Townhall about this guy’s Marxist background and we got ourselves beat up over it. I still to this day resent the things that were said to the Hawk. He did not deserve that. He’s a fine man who fought in Korea and hates to think of this communist getting elected.


          • Gray Ghost (Mississippi) said:


            How did you get from what I wrote that I consider your article useless? What I am saying is that you are correct in what you wrote. But I am also saying whether or not they are wanna-be dictators, communists, or whatever they are OUR ENEMIES. Our mortal enemies. And it will be the “common” people (like you, me, and the Hawk) who will defeat them. I never ridiculed what you wrote at TH because I knew it was true. O’Vomit is a marxist (or communist, whatever you want to call it).

            In my brief military training, I learned that an enemy is an enemy, no matter what he believes or calls himself. O’Vomit is a communist. Some of the Rinos in the US Congress are gobalists. All are enemies.

            If I gave you any impression that I think what you wrote is wrong or useless, I apologize. It was not my intent. And I know you are not “targeting” me in anyway. I was agreeing with you and expanding what I think.


          • Gray Ghost,

            I apologize. I’m in a mood here lately over this whole mess we’re in. The entire government needs to be taken down and the enemies taken out and prosecuted for treason. But there is nowhere in the media who reports any of the treason that’s going on. I get so angry because there are still too many people who still want to shove this stuff off saying Obama is just incompetent. That is far from the truth. He is deliberately destroying us with all of those aiding and abetting him. Bloody hell, the whole black caucus are all commies and Allen West pointed that out and got burned for it.

            I’m so tired of not hearing the truth. And I can only vote out my reps or senators to get rid of the bad ones. But, I can’t vote other states’ reps and senators, especially those radical districts that just keep voting these enemies back in. I don’t know wth people are thinking or maybe they don’t think.

            I did misinterpret you I suppose. I did think you meant why bother
            posting this stuff. I’m sorry I took you wrong.

            Right now there is only one senator who wants to abide by the Constitution and that is our Senator Rand Paul. He sends out letters warning us about our liberties being taken away. That is pretty bold for someone in the Senate to notify his constituents about the harm we’re in.

            The frustrating part is he is only one man. The other ones are obviously standing with the devil. The congress is a joke. They’ve passed laws taking our freedoms away. Rand Paul, Mike Lee and Mark Kirk were the only 3 senators who stood up against that monster bill the NDAA where we, Americans are terrorists. It must be a lonely job for Rand. He stands against a lot of stuff. But, for bloody sake, one man can’t do it all by himself.

            Then my mind goes off wondering how on earth are we going to right this ship that is sinking. I guess I get too emotional about all of it. I just don’t see anything good on the horizon and the Hawk and I wonder all the time, just who is going to stand up with us and fight if it comes down to that. We have no idea. And the Hawk wonders if people will just lie down and take it. We really don’t know. An army of you, Hawk and me is certainly not enough to beat these people down and get them out of here.


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