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Kristofer Bry

(175 posts)
Thu Feb 1, 2018, 06:09 AM Feb 2018

Why Isn't the Executive Branch EXECUTING Congress' Russia Sanctions?

I know, I know. The sanctions are being executed: Like they execute Death Row inmates. Pardon me if I don't laugh.

It is the job of the Executive to implement the decisions of the Congress. To not do so is Dereliction of Duty, and, last time I checked, unconstitutional.

How long will We, The People, abide this treason?

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Why Isn't the Executive Branch EXECUTING Congress' Russia Sanctions? (Original Post) Kristofer Bry Feb 2018 OP
drumpf doesn't want to piss off his boss and financers. democratisphere Feb 2018 #1
Ideology, Fear, Economics Kristofer Bry Feb 2018 #3
My answer to all these kind of problems is to get out the vote in November and take back Congress. wasupaloopa Feb 2018 #2
Who's going to check and balance them? IronLionZion Feb 2018 #4
Hopefully, the people will only abide until November, 2018! (nt) B Stieg Feb 2018 #5
Because it's busy executing the intel and justice servants. nt Honeycombe8 Feb 2018 #6
The Constitution appears to address this under Article 2, Section 3, Clause 5.. CentralMass Feb 2018 #7
In 2014, a bunch of Repubs were very concerned about faithful execution. thesquanderer Feb 2018 #8
It was my understanding the law gives him some form of waiver authority tritsofme Feb 2018 #9
Correct. I understand why DUers are outraged, but the law is riddled with holes onenote Feb 2018 #11
Big enough for a traitor to slip through CentralMass Feb 2018 #14
I think the intent of the founding fathers was that the president can not make laws. CentralMass Feb 2018 #16
Laws related to national security often allow the president to issue waivers tritsofme Feb 2018 #17
we all know why... 'COLLUSION' spanone Feb 2018 #10
intelligence committees should release their own list of names. mopinko Feb 2018 #12
seems to me that a Democratic senator should bring this to the floor bluestarone Feb 2018 #13
+1 CentralMass Feb 2018 #15
Corollary question: Why isn't Congress raising holy Hades about it?!1 UTUSN Feb 2018 #18
Because Congress knows that the law if filled with escape clauses onenote Feb 2018 #20
So yes FOR sanctions did NOT tie hands; NO was for something *else* to do the tying? UTUSN Feb 2018 #22
one thing to say bluestarone Feb 2018 #19
Trump owes the Russians millions. Check his income tax revelations. oasis Feb 2018 #21
 

wasupaloopa

(4,516 posts)
2. My answer to all these kind of problems is to get out the vote in November and take back Congress.
Thu Feb 1, 2018, 06:24 AM
Feb 2018

That is the power we have in our hands.

The repubs will do nothing about what trump is doing. The question was asked on MSNBC tonight several times "is there any republicans who will stand up to trump?" The answer each time was no.


If anyone talks about purity or someone isn't liberal enough etc. shut them down. We need enough Dems elected to take over the Congress and purity takes a back seat to that this year. And that means anyone Bernie included.

IronLionZion

(45,410 posts)
4. Who's going to check and balance them?
Thu Feb 1, 2018, 08:11 AM
Feb 2018

GOP controls all 3 branches of federal government and the federal courts and most states.

CentralMass

(15,265 posts)
7. The Constitution appears to address this under Article 2, Section 3, Clause 5..
Thu Feb 1, 2018, 09:00 AM
Feb 2018

It would seem that Congress, who with a nearly unanimous vote passed these Russian Sanctions has a responsibility to exercise their power to address the issue.

Since McConnel and Ryan are Russian tools Chuck Schumer abd Nancy Pelosi should be pursuing this.


Article 2, Section 3 of the Constitution states Presidential responsibilities

Clause 5: Caring for the faithful execution of the law

"The President must "take care that the laws be faithfully executed."[25] This clause in the Constitution imposes a duty on the President to enforce the laws of the United States and is called the Take Care Clause,[26] also known as the Faithful Execution Clause[27] or Faithfully Executed Clause.[28] This clause is meant to ensure that a law is faithfully executed by the President [26] even if he disagrees with the purpose of that law.[29] Addressing the North Carolina ratifying convention, William Maclaine declared that the Faithful Execution Clause was "one of the [Constitution's] best provisions."[27] If the President "takes care to see the laws faithfully executed, it will be more than is done in any government on the continent; for I will venture to say that our government, and those of the other states, are, with respect to the execution of the laws, in many respects mere ciphers."[27] President George Washington interpreted this clause as imposing on him a unique duty to ensure the execution of federal law. Discussing a tax rebellion, Washington observed, "it is my duty to see the Laws executed: to permit them to be trampled upon with impunity would be repugnant to [that duty.]"[27]

According to former United States Assistant Attorney General Walter E. Dellinger III, the Supreme Court and the Attorneys General have long interpreted the Take Care Clause to mean that the President has no inherent constitutional authority to suspend the enforcement of the laws, particularly of statutes.[30] The Take Care Clause demands that the President obey the law, the Supreme Court said in Humphrey's Executor v. United States, and repudiates any notion that he may dispense with the law's execution.[31] In Printz v. United States, the Supreme Court explained how the President executes the law: "The Constitution does not leave to speculation who is to administer the laws enacted by Congress; the President, it says, "shall take Care that the Laws be faithfully executed," Art. II, §3, personally and through officers whom he appoints (save for such inferior officers as Congress may authorize to be appointed by the "Courts of Law" or by "the Heads of Departments" with other presidential appointees), Art. II, §2."[32]

The President may not prevent a member of the executive branch from performing a ministerial duty lawfully imposed upon him by Congress. (See Marbury v. Madison (1803); and Kendall v. United States ex rel. Stokes (1838)). Nor may the President take an action not authorized either by the Constitution or by a lawful statute. (See Youngstown Sheet & Tube Co. v. Sawyer (1952)). Finally, the President may not refuse to enforce a constitutional law, or "cancel" certain appropriations, for that would amount to an extra-constitutional veto or suspension power.[27]

thesquanderer

(11,982 posts)
8. In 2014, a bunch of Repubs were very concerned about faithful execution.
Thu Feb 1, 2018, 09:09 AM
Feb 2018

Today apparently not so much. But check out how concerned they were about this when Obama was president...

https://www.blunt.senate.gov/public/index.cfm/news?ID=263649CC-0C9E-4C97-BC04-5C71DA5BADAD

tritsofme

(17,373 posts)
9. It was my understanding the law gives him some form of waiver authority
Thu Feb 1, 2018, 09:43 AM
Feb 2018

He may face political consequences for such a waiver, but from the small amount I’ve read, it doesn’t seem to be the case that Trump is outright declining to enforce the law.

CentralMass

(15,265 posts)
16. I think the intent of the founding fathers was that the president can not make laws.
Thu Feb 1, 2018, 12:11 PM
Feb 2018

However the have the right to reject unconstitutional laws. This hardly seems unconstitutional and it seem outrageous to me that Trump is not universally getting called out on thid.

tritsofme

(17,373 posts)
17. Laws related to national security often allow the president to issue waivers
Thu Feb 1, 2018, 02:03 PM
Feb 2018

Such waiver authority typically sidesteps potential separation of powers showdowns between the political branches, by imposing political, not legal consequences for the president failing to uphold Congress’ wishes.

Everything I’ve read so far says this law gives him such waiver authority, and that is what he exercised.

It is worth acknowledging that just because his action is reckless and harmful to national security, it is not necessarily unconstitutional.

bluestarone

(16,899 posts)
13. seems to me that a Democratic senator should bring this to the floor
Thu Feb 1, 2018, 10:59 AM
Feb 2018

at least get the Repubs to refuse it if nothing else!!

onenote

(42,684 posts)
20. Because Congress knows that the law if filled with escape clauses
Thu Feb 1, 2018, 06:29 PM
Feb 2018

Think about it for a second. Do you really think virtually every republican would have voted for a law that tied Trump's hands?

Okay, you've had a second. I suspect you know the answer.

on edit: the two Senators who voted against the law were Rand Paul and Bernie Sanders; the three house members voting against it were Amash, Duncan (TN) and Massie (all repubs).

UTUSN

(70,672 posts)
22. So yes FOR sanctions did NOT tie hands; NO was for something *else* to do the tying?
Thu Feb 1, 2018, 08:57 PM
Feb 2018

Spell it out for me, I'm dense.

bluestarone

(16,899 posts)
19. one thing to say
Thu Feb 1, 2018, 02:51 PM
Feb 2018

LINDSAY GRAHAM WHERE ARE YOU????????????????????????????????????????????? BIG FUCKING TALK is all he is

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