Article II, Section 3 – Four Words Speak Volumes
by Mark Ramsey on November 24, 2014 at 9:42 AM
Much has been said and little can be added to the criticism of our current president and his unilateral action to legalize many of those here illegally, clearly against the will of Congress and the American people.
Though oft ignored, the Constitution does NOT give him or any other president legislative powers. A quick read of Article II reveals not one iota of such authority. In fact, Section 3 actually reveals that the Founders wanted the president to have NO such powers (such as the tyrant King George had) at all!
He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. [underline emphasis added]
Again, there is nothing in the Constitution that even remotely resembles what today is being called executive action. In the day of the Founders that was called tyranny. But note especially that this ABSENCE of any executive action policy-making power is underscored by Section 3, which explicitly directs the president to "recommend to their [Congress] consideration" things he would like done. Recommend. Not Order. Recommend only.
Policy driven executive orders are clearly not Constitutional.
One more thing. As if to underscore the LIMITED role the president is supposed to have, the very next section deals with how to remove a misbehaving president.
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.