Tuesday, December 20, 2016

Presidential Powers.

This is coolbert:

Once more extracts and with my commentary from an article as seen in the Wall street Journal of Saturday/Sunday, December17 - 18 2016..

"REVIEW"

"The over-Inflated Presidency"

"Donald Trump will inherit and executive branch whose powers have ballooned far beyond their consorted bounds."

"The Framers wanted a president who would not be a threat to liberty."

"Article II of the Constitution assigns to the president a few explicit powers - - command of the armed forces, a veto on legislation, the power to make appoints and treaties with the Senate's consent  . . .

"When President James K. Polk moved troops to the Mexican-American border in 1846 in response to what he claimed was the emergency of a Mexican invasion, a Whig congressman from Illinois named Abraham Lincoln introduced his famous 'spot' resolutions. He demanded that Polk identify the precise spot where blood had been shed, to prove it was on U.S. soil."

"As a wartime president himself, Lincoln authorized his generals in 1861 to suspend the writ of habeas corpus, which allows prisoners to challenge the constitutionality of their detention . . . the Constitution gives Congress the power to suspend the writ . . . Lincoln felt that he needed emergency action . . . Lincoln . . . called Congress back into session and persuaded it to approve his suspension of habeas corpus . . . 'Congress  . . . gave Lincoln this right, and the Supreme Court sustained his exercise of it under an act of Congress.'"

* "Article 1 - The Legislative Branch Section 9 - Limits on Congress - - The privilege of the Writ of Habeas Corpus shall not be suspended, unless when in Cases of Rebellion or Invasion the public Safety may require it."

AS DETERMINED BY CONGRESS AND DONE IN THE LEGAL MANNER. NOT BY PRESIDENTIAL EDICT OR DICTATORIAL POWERS!

* American troops having crossed over into what is best described as a "no-mans land" that border between the United States and Mexico not clearly defined and agreed upon, Setting up of an encampment and raising the American flag in disputed territory enough to warrant a violent response by the Mexican military!!

PROVOCATION BY POLK DELIBERATE OR OTHERWISE UNDETERMINED TO THIS DAY?

Presidential powers unrestrained NEVER perceived by those framers of the U.S. Constitution as desirable!

coolbert.