Suddenly Seeking Values - Part III
The second Article in the Constitution outlines the structure, authority and responsibilities of the largest body of government, the executive branch. It is not clear that the framers of the Constitution, or the founding fathers of the US, intended the executive branch to be so large. But the framers were very clear about the obligations of this branch.
While the Constitution does outline, in the briefest possible terms, the duties of the President (and the executive branch), the duties and responsibilities of the executive branch are essentially contained in the oath of office for the President of the United States of America: "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
In many ways the oath of office is similar to the oath of enlistment or commission in the military. Both oaths require an affirmation of the primary duty: to faithfully execute the office and duties assigned for the specified period. Both oaths require a commitment to preserve, protect and defend the Constitution of the United States. In other words, comply with the essential principles found in the preamble, execute the duties of office in accordance with the provisions of the Constitution, and, above all else, place the Constitution at the forefront of all government activities.
So, we actually come out with three essential principles from the executive branch:
Government representatives and officials must act in faith and commitment to the Constitution;
Constitutional principles apply to all aspects of government , and;
Governmental action must comply with the Constitution in the absolute.
We have to wonder why the framers left the executive with the most vague outline of powers and duties. Why are there only three essential principles encompassed in the second article? The answer comes to us by taking the advice of my former English professor: refer to the text.
The Preamble lays down seven essential principles, and the first Article lays down seven more principles. Since the office of the president and the entire executive branch are required to act in good faith with the Constitution, all of the constitutional principles apply to the executive branch and its chief executive officer(s). There is no need to expound and reiterate the principles encompassed elsewhere. Additionally, there are structural checks and balances, including impeachment and judicial review, that are designed to keep the executive branch faithful to its office and duties.
The third Article in the Constitution the third branch of the government is outlined as an arbiter of all disputes arising out of the Constitution, the laws passed by congress, the actions of the executive branch, and issues involving parties from the several states, or even foreign states.
"The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects"
Again, the principles arising out of the entire constitution are incorporated. But it is here that we address the issue of judicial activism, often carried about as a banner of problems in our judiciary. The quote above basically gives the Supreme Court judicial review of all cases in Law (criminal and administrative law) and equity (commercial and civil law). It is indeed the duty of the judicial branch to decide what is or is not in compliance with the Constitution, what is or is not written into the laws of the United States, and what is or is not equitable and lawful within, or between, the several states. In essence, we are given two principles from this Article:
The laws and actions of the government are subject to review by the judiciary.There are no specific rules or methods of judicial review delineated by the Constitution.
There is nothing in Article III of the Constitution that prescribes the exact manner in which the judiciary reviews cases. The Article provides specifics by which the congress can develop inferior courts, but nothing allows congress to regulate the Supreme Court, or the inferior courts, in any specific manner. Therefore, the fundamental and essential principles of the Constitution are the only guide for the courts. So let us review the essential principles we have delineated thus far:
1. Government is derived from the people: rights, power and authority belong to the people.
2. Government must strive to be better, always seeking the highest possible principles and standards.
3. Justice is a mandated principle: our laws and processes must be just and equally applied.
4. Government exists to serve, protect and preserve the people: government cannot be self-serving.
5. Government has a duty to protect the people from all hazards and threats, regardless of cause.
6. Government must promote the welfare of the people: the rights of the people have first precedence.
7. Government must preserve liberty and focus on internal issues as a first priority.
8. Taxation must be equitable and equally born by all persons in the nation.
9. Governmental representation must be equitable and balanced.
10. Free political speech may not be hindered, impeded or prohibited in our political processes.
11. Governmental powers and authority must be separately exercised and practiced (checks).
12. Governmental processes are interdependent and require reasoned interaction (balances).
13. Principles of good government and the protection of the rights of the people are paramount.
14. Government, with very few exceptions, must operate in the open, under scrutiny of the people.
15. Government representatives and officials must act in faith and commitment to the Constitution.
16. Constitutional principles apply to all aspects of government.
17. Governmental action must comply with the Constitution in the absolute.
18. The laws and actions of the government are subject to review by the judiciary.
19. There are no specific rules or methods of judicial review delineated by the Constitution.
More to come….
September 23, 2005
While the Constitution does outline, in the briefest possible terms, the duties of the President (and the executive branch), the duties and responsibilities of the executive branch are essentially contained in the oath of office for the President of the United States of America: "I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States."
In many ways the oath of office is similar to the oath of enlistment or commission in the military. Both oaths require an affirmation of the primary duty: to faithfully execute the office and duties assigned for the specified period. Both oaths require a commitment to preserve, protect and defend the Constitution of the United States. In other words, comply with the essential principles found in the preamble, execute the duties of office in accordance with the provisions of the Constitution, and, above all else, place the Constitution at the forefront of all government activities.
So, we actually come out with three essential principles from the executive branch:
Government representatives and officials must act in faith and commitment to the Constitution;
Constitutional principles apply to all aspects of government , and;
Governmental action must comply with the Constitution in the absolute.
We have to wonder why the framers left the executive with the most vague outline of powers and duties. Why are there only three essential principles encompassed in the second article? The answer comes to us by taking the advice of my former English professor: refer to the text.
The Preamble lays down seven essential principles, and the first Article lays down seven more principles. Since the office of the president and the entire executive branch are required to act in good faith with the Constitution, all of the constitutional principles apply to the executive branch and its chief executive officer(s). There is no need to expound and reiterate the principles encompassed elsewhere. Additionally, there are structural checks and balances, including impeachment and judicial review, that are designed to keep the executive branch faithful to its office and duties.
The third Article in the Constitution the third branch of the government is outlined as an arbiter of all disputes arising out of the Constitution, the laws passed by congress, the actions of the executive branch, and issues involving parties from the several states, or even foreign states.
"The judicial Power shall extend to all Cases, in Law and Equity, arising under this Constitution, the Laws of the United States, and Treaties made, or which shall be made, under their Authority;--to all Cases affecting Ambassadors, other public Ministers and Consuls;--to all Cases of admiralty and maritime Jurisdiction;--to Controversies to which the United States shall be a Party;--to Controversies between two or more States;-- between a State and Citizens of another State;--between Citizens of different States;--between Citizens of the same State claiming Lands under Grants of different States, and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects"
Again, the principles arising out of the entire constitution are incorporated. But it is here that we address the issue of judicial activism, often carried about as a banner of problems in our judiciary. The quote above basically gives the Supreme Court judicial review of all cases in Law (criminal and administrative law) and equity (commercial and civil law). It is indeed the duty of the judicial branch to decide what is or is not in compliance with the Constitution, what is or is not written into the laws of the United States, and what is or is not equitable and lawful within, or between, the several states. In essence, we are given two principles from this Article:
The laws and actions of the government are subject to review by the judiciary.There are no specific rules or methods of judicial review delineated by the Constitution.
There is nothing in Article III of the Constitution that prescribes the exact manner in which the judiciary reviews cases. The Article provides specifics by which the congress can develop inferior courts, but nothing allows congress to regulate the Supreme Court, or the inferior courts, in any specific manner. Therefore, the fundamental and essential principles of the Constitution are the only guide for the courts. So let us review the essential principles we have delineated thus far:
1. Government is derived from the people: rights, power and authority belong to the people.
2. Government must strive to be better, always seeking the highest possible principles and standards.
3. Justice is a mandated principle: our laws and processes must be just and equally applied.
4. Government exists to serve, protect and preserve the people: government cannot be self-serving.
5. Government has a duty to protect the people from all hazards and threats, regardless of cause.
6. Government must promote the welfare of the people: the rights of the people have first precedence.
7. Government must preserve liberty and focus on internal issues as a first priority.
8. Taxation must be equitable and equally born by all persons in the nation.
9. Governmental representation must be equitable and balanced.
10. Free political speech may not be hindered, impeded or prohibited in our political processes.
11. Governmental powers and authority must be separately exercised and practiced (checks).
12. Governmental processes are interdependent and require reasoned interaction (balances).
13. Principles of good government and the protection of the rights of the people are paramount.
14. Government, with very few exceptions, must operate in the open, under scrutiny of the people.
15. Government representatives and officials must act in faith and commitment to the Constitution.
16. Constitutional principles apply to all aspects of government.
17. Governmental action must comply with the Constitution in the absolute.
18. The laws and actions of the government are subject to review by the judiciary.
19. There are no specific rules or methods of judicial review delineated by the Constitution.
More to come….
September 23, 2005
posted by Jim Downey at 10:34 AM
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