Published Friday, December 28, 2012
Article I, Section 8, Paragraph 1: “The Congress shall have power to lay and collect taxes...” (emphasis added).
Article I, Section 8, Paragraph 18: Congress is delegated responsibility: “To make all laws which shall be necessary and proper for carrying into execution the foregoing powers; and all other powers vested by this Constitution in the government of the United States, or any department or officer thereof.” (emphasis added)
By what authority does the President assume any authority to mandate tax rates? No such authority appears to be enumerated in the Constitution that he must solemnly swear to “...preserve, protect and defend... as a precondition to being granted any federal authority of his office.” (Article II, Section 1, Paragraph 8).
The President is free to express any opinion he chooses, but he has no constitutional authority to mandate tax rates for anyone. It is the responsibility of the Congress to determine tax rates and to determine the amount of revenue to be available to fund the federal government.
The President has no constitutional authority to make law or to determine which laws or parts thereof he will honor. It is his constitutional responsibility to “take care that the laws are faithfully executed.” He has the authority to return for reconsideration any laws proposed by Congress that don’t comply with the Constitution.
Any failure of the President to fulfill his constitutional responsibilities, within the defined limits of his constitutional authorities, violates his sacred oath and thereby repudiates the authority of his office.
The fiscal cliff was created by the White House to force Congress to do what the President wants; but has no constitutional authority to demand. The President needs to meet his responsibilities and stop interfering with Congress meeting theirs.
Congress must meet its responsibilities.
Frank D. Banta, Newnan