Tuesday, February 23, 2016

A Constitutional Crisis of Government - Overturning the Balance of Power

US CONSTITUTION: ARTICLE II, SECTION 2

"The President shall be commander in Chief... He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, ...and he shall nominate, and by and with the Advice and consent of the Senate, shall appoint Ambassadors, other public Ministers and consuls, Judges of the supreme court,...." 


Oath of Office of United States Senators - from Senate website

I do solemnly swear (or affirm) that I will support and defend the Constitution of the United States against all enemies, foreign and domestic; that I will bear true faith and allegiance to the same; that I take this obligation freely, without any mental reservation or purpose of evasion; and that I will well and faithfully discharge the duties of the office on which I am about to enter: So help me God.

Taking the Oath - from Senate website
At the beginning of a new term of office, senators-elect take their oath of office from the presiding officer in an open session of the Senate before they can begin to perform their legislative activities. From the earliest days, the senator-elect—both the freshman and the returning veteran—has been escorted down the aisle by another senator to take the oath from the presiding officer.

On the Spirit of Laws, by Montesquieu, published 1748
by Charles-Louis de Secondat, Baron de La Brède et de Montesquieu, aka Montesquieu

as cited in "The Christian History of the Constitution of the United States of America", compiler Verna M. Hall, (New York, New York, Iverson Associates, 1983), page 137

[On Necessary balance of power]
"Were the executive power not to have a right of restraining the encroachments of the legislative body, the latter would become despotic; for as it might arrogate to itself what authority it pleased, it would soon destroy all other powers,

"But it is not proper, on the other hand, that the legislative power should have a right to stay the executive.... [for it has natural limits].

"The executive power, pursuant of what has been already said, ought to have a share in the legislature by the power of rejecting; otherwise it would soon be stripped of its prerogative, but should the legislative power usurp a share of the executive, the latter would be equally undone,

Montesquieu, De Tocqueville, John Locke, Samuel and John Adams, Gov. William Bradford of Plymouth Plantation, an abridged Magna Carta, and other texts on the formation of America are quoted at length in this useful reference book which proposes that religion is "indispensable to the maintenance" of the Republic [De Tocqueville, page 372].

Let the president, twice elected by a majority of voters, do his duty to nominate and appoint a judge to fill the vacancy on the supreme court.

Let the senators obey the constitution, to advise and consent. 

Let the citizens call anything else by what it is - an attempt to overthrow the Constitution and destroy the balance of power in government.

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