Honor dead, liberty dying

The Constitution delegates only 14 responsibilities to the president. Two require a solemn oath to honor as a precondition to being delegated authority as president: 1. to “take care that the laws of the US are faithfully executed.” 2. to “preserve, protect, and defend the Constitution.”

These two requirements are unambiguous and easily measured by anyone with reasonable intelligence: simply compare the statements and acts of the president to the laws and to the Constitution.

Since a promise to meet these responsibilities is the basis on which the president is delegated any authority, it is reasonable to conclude that if the president refuses to honor the promise, it is a repudiation of the authority delegated on that promise. Repudiating the promise repudiates the office.

The president likes to brag that he “has a pen and a phone,” so if Congress refuses to do what the president wants, he will act by executive order. The problem is that the Constitution prohibits the president any such authority. An executive order is only legal when it defines how the executive will “faithfully execute the laws of the US,” not “if.”

The founders crafted an amazingly simple form of government to prevent tyranny through the limits of delegated authority and balance of powers: To Congress they delegated the exclusive authority to make or change law.

To the Executive they delegated responsibility to faithfully execute the laws. To the Judiciary they delegated responsibility to adjudicate adherence to the laws.

Indisputably, the president has usurped authorities never delegated to him by refusing to enforce laws, by ignoring laws, and by unilaterally changing laws in direct violation of the Constitution he is sworn to “preserve, protect, and defend.”

Every state and federal legislative, executive, and judicial officer is sworn to do the same, yet nothing is done to correct these egregious usurpations simply because politics preempt sworn duty.

Honor is dead in America and liberty is dying. Because citizens do nothing we are abandoning the future to tyranny.

Restore constitutional governance to restore America.

Frank D. Banta


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