By Jim Yardley ——Bio and Archives--March 22, 2015
American Politics, News | CFP Comments | Reader Friendly | Subscribe | Email Us
"The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."So delegating the work of Congress to the various administrative agencies of the Executive branch of the government is unconstitutional. Powers of any kind were not delegated to the Executive branch by the Tenth Amendment. The ability of the United States of America to make treaties, is also a problem area. The Constitution clearly allows the President (in Section 2 of Article II) to negotiate with foreign powers. The specific language states:
"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;..."There is no other word except for the word "treaty" to describe such agreements, and then only after two-thirds of the Senators who have been elected agree that the terms of the treaty in question is something that they agree with. Nowhere in the Constitution is there a mitigating phrase such as "Unless the President doesn't feel that he could ever get it approved by the Senate, and then the Senate could be ignored." Secretary of State John Kerry offered what he and Obama must have viewed as an olive branch to Congress by stating that the proposed (but as yet not finalized) nuclear proliferation "agreement" would "not be a binding agreement." Unless the document that is finalized is approved by two-thirds of the Senate, it would not be a treaty. If it is not a treaty, then it is about as binding (and important) as Obama's March Madness bracket picks. Apparently Barack Obama has "interpreted" the Constitution differently. He seems to often be in accord with the words of Mr. H.L. Mencken who wrote in the July 26, 1920 issue of the Baltimore Sun:
"As democracy is perfected, the office of the President represents, more and more closely, the inner soul of the people. On some great and glorious day, the plain folks of the land will reach their heart's desire at last, and the White House will be occupied by a downright fool and a complete narcissistic moron."Sadly, it appears that Mr. Mencken didn't take a view that was appropriately expansive. He apparently thought the entire problem was lodged in our selection of a Chief Executive. He should have broadened his description to include the entirety of Congress.
View Comments
Jim Yardley is a retired financial controller for manufacturing firms, a Vietnam veteran and an independent voter. Jim blogs at jimyardley.wordpress.com