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View Diary: Congress Is No Longer Silent (262 comments)

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  •  What I'm hearing as I listen (7+ / 0-)

    Is that Congress writes the laws and submits them for signing.

    The President's choices are to sign them or veto them. If he does neither they are pocket vetoed.

    The President may not sign them if he thinks they are unconstitutional.

    If he signs them they become laws and he is obligated by his oath of office not just to obey them, but to preserve, protect and defend them.

    If he vetos them Congress may overide his veto. They become laws and he is obligated by his oath of office not just to obey them, but to preserve, protect and defend them. So is the Attorney General.

    The President would like more power but it hain't a gonna happen in this Congress.

    Live Free or Die (-8.88 -9.49) IMPEACH THEN TRY FOR WAR CRIMES

    by rktect on Wed Jan 31, 2007 at 11:01:23 AM PST

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    •  slightly off topic but (1+ / 0-)
      Recommended by:

      in reality, don't all three branches create law? There's what congress does, but then there's the regulations that the executive branch departments create, and then there's judicial rulings (for example Miranda).

      •  No (11+ / 0-)

        Congress creates the law as an architect creates a set of plans and specifications.

        The President executes the laws as a contractor executes the plans.

        If the President rips up the architects drawings and redesigns them on the back of an envelope and then fails to do the work in a workmanlike manner, and runs up huge cost overruns by not doing what he was instructed then he's going to get fired and sued and then its the responsibility of the judiciary to get involved in trying him, sentencing him, fining him and punishing him.

        Live Free or Die (-8.88 -9.49) IMPEACH THEN TRY FOR WAR CRIMES

        by rktect on Wed Jan 31, 2007 at 11:30:19 AM PST

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      •  Judicial rulings are different. (4+ / 0-)
        Recommended by:
        rktect, Simplify, cfk, kurious

        They interpret and if they find that a law is unConstitutional for some reason they state it and the law is nullified.  Then the Conress has to go back to the drawing board and re-write the law or abandon it all together depending on how and why it is unacceptable.  The Judiciary doesn't re-write the law or write a replacement although a revised law can be based on the specifics of their rulings.  Theoretically, though all of our laws are written and agreed upon in Congress everyone else has to take them or leave them, but they can't techinically re-write them without having them voted on in Congress if they have been in any way revised.

      •  the "regulatory" laws (0+ / 0-)

        are directed to be drawn up by congress which then incorporates the regulations into the law.

        "Liberalism is trust of the people, tempered by prudence; conservatism, distrust of people, tempered by fear." Gladstone, Me -8.88/-7.08

        by zedaker on Wed Jan 31, 2007 at 11:01:54 PM PST

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    •  If he doesn't sign them and doesn't veto them, (2+ / 0-)
      Recommended by:
      rktect, inclusiveheart

      he is supposed to return them to the Congress.

      In youth we learn, in age we understand.

      by Jbeaudill on Wed Jan 31, 2007 at 11:57:13 AM PST

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    •  I think (3+ / 0-)
      Recommended by:
      Dallasdoc, walkshills, Simplify

      he only "preserves, protects and defends" the Constitution. He sees that the laws of the United States are followed. That's presumably why it is called the Executive branch in that it's primary role is to execute the will of the Congress. It would really aid the Republic if the Constitution were amended to make the subservient role of the President more clear. Madison was not happy about the inherent power of the President and, if I remember correctly, felt that tyranny could easily take hold by virtue of the excessive power of that office. In particular, any power of the President to make war independently of Congress, was in his view a great danger. We see now how much of a danger that is.

      Walking. It's the new driving.

      by Batfish on Wed Jan 31, 2007 at 02:38:30 PM PST

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      •  It's plenty clear (0+ / 0-)

        but the words don't mean what they say because citizens and representatives don't uphold them.

        Rep. Conyers, your efforts to change that give me hope.

        Government and laws are the agreement we all make to secure everyone's freedom.

        by Simplify on Wed Jan 31, 2007 at 04:24:23 PM PST

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