A Well Oiled Machine, the Way Our Government Was Built To Run, Needs The Oil Of Whole and Wholesome Truth From All Sides

Yesterday, Chris Wallace on Fox News Sunday, used Article 2 of the Constitution to support a guest and their position that President Obama was not upholding his Constitutional responsibilities to enforce all Federal laws. I believe they used a very small part of the introduction of Section 3, of Article 2 of the Constitution.

...he (the President) shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

I believe the Article was applied to Obama's decision to give businesses more time to implement the ACA.  Therefore, the guest and it seemed Wallace as well, concluded that the President is not enforcing a federal mandate, and is not acting in accordance with the Constitution, and that Conservatives had a right to distrust and not act in all instances, such as with Immigration Reform, because he could do this at anytime, with any other law, including in not enforcing the borders. By this logic, nothing will ever get done.

Further more Article 2 was used as some sort of way to justify the Senate, and Congress; the Legislative Branch, lack of action to pass any law that is needed, and in a timely fashion, that every citizens life, liberty and pursuit of happiness can have free course. Don't pass the buck. If any legislator, or any group in Congress or the Senate, is going to be purposely and willfully inactive and obstruct, then have the "chudspa" to take the responsibility for doing so. Because once again, it is "We The People" that are the ones that really get hurt with this kind of thinking.

While I love Mr. Wallace and Fox, what they omitted is that the President yes must enforce laws, but also has the right to make those laws or pardon, that he must enforce, using Executive Orders, which I am not a fan of at all, but are Constitutionally lawful.

Look at Clause 5 of Section 3 of Article 2 of the Constitution. Perhaps Wallace and company used this as well. But let us see the whole matter. It reads as follows:

Clause 5: Caring for the faithful execution of the law The President must "take care that the laws be faithfully executed." [13] This clause in the Constitution imposes a duty on the President to take due care while executing laws and is called the Take Care Clause, [14] also known as the Faithful Execution Clause. [15] This clause is meant to ensure that a law is faithfully executed by the President, [14] even if he disagrees with the purpose of that law. [16] By virtue of his executive power, the President may execute the law and control the law execution of others. Under the Take Care Clause, however, the President must exercise his law-execution power to "take Care that the Laws be faithfully executed."

If you keep reading, you will come to this:

(Also contained in Clause 5) The President possesses wide discretion in deciding how and even when to enforce laws. He also has a range of interpretive discretion in deciding the meaning of laws he must execute.

And also, in 2.1

The President, furthermore, may grant pardon or reprieves, except in cases of impeachment.

I am aware the final piece of a clause is primarily applied to convictions and prisoners of war, but it adds to the flexibility a President has, and my point.

Executive Orders can be used at any time, most notably in times of war.  It is President Bush that made great use of this power, and re-popularized them recently. And it is these Orders that are made necessary, when the Legislative Branch can not, or will not act. The accusation, is caused by the accusers. Then, it all comes full circle. Once again, in the vicious cycle, it is the ordinary citizen that can get hurt the most.

Even in enforcement, good judgement, compassion, and common sense, must be used in application with reason, per the enforcer. That is what makes for good leadership.

It is right for President Obama, to in this case, give more time to businesses. It is good faith. The same reasoning can not be applied to most individuals, except if States are having problems with information and guidelines, and are not stalling. Many Republican governed states have used stall tactics, and the President is not obligated to entertain.

Below is a link to Article 2 of the Constitution which lays out Executive or Presidential powers and responsibilities.

God Bless.

Let's Go America. Let us put the oil of truth and integrity back in our Government, make America run as the fine, well oiled machine it always has and was meant to once again.

Yulanda K. - A great public servant right now!

http://en.m.wikipedia.org/wiki/Article_Two_of_the_United_States_Constitution

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