US Presidency – Misperception of Powers

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Whose Congress is it?
Whose Congress is it?

Like many millions in America and around the world, I following the saga of the 2016 Presidential election unfolding, with candidates from the two main parties competing for the hearts and minds, even stupidity and racism of American voters, helped by the hundreds of millions of dollars raised from special interests (stockholders) by presidential candidates.

All candidates whether Republicans or Democrats claim they can change America, when the only thing wrong with America is its politics and politicians.

Some candidates are calling for “Making America Whole Again” others calling for “Making America Great Again”. With campaign slogans like these “ New American Century”, “New Possibilities, New Leadership”, “Reigniting the Promise of America”, “A Political Revolution We Believe In”, “and Every day American Needs a Champion and I want to be that Champion”. Big on slogans, little on specifics.

While some candidates are promising tens of millions of jobs (shipping American workers to China), others calling for political, social and economic revolution that puts limits on money in elections and politics, limits the role of Wall Street on our national economy, addressing the inequality of opportunities. With Clinton and Republican candidates emphasizing the use of American military powers.

Candidates are calling for American voters to support them so they can go out kill and destroy ISIS and all Muslims that stands behind it, others calling for building Walls just like the Berlin Wall between the US and Mexico, others calling for the mass deportations of over 12 millions undocumented aliens residing in the US. While someone like Trump is calling to ban Muslims from entering the country. All of them think they have the magic wand to change everything. In fact they do not.

It is the Speaker of the House, not the President who has the most powerful office in the land. The US Constitution is very clear on that.

Speaker of the House Paul Ryan (R)
Speaker of the House Paul Ryan (R)

While Article II Section I vests executive powers in the President of the United State, Article II is short on enumerating the powers of the presidency, with Article I of the US Constitution giving overwhelming powers to the Legislative Branch.

Article 1 vest the power of Commander in Chief in the president; even declaring war requires approval of Congress. Section 2 of Article 1, limits the power of the presidency by vesting Congress, the more powerful role of “advice and consent”.

Which means all presidential actions must secure the approval of Congress to take effect, from appointing cabinet ministers, appointing high ranking executives officers, appointing heads of independent commissions and agencies to appointment of supreme court justices, to negotiating and concluding treaties. All of these actions must have the approval of the one or two houses of the Legislative Branch. Ok the president has the absolute right to “pardon”, but that is about it.

As such it is false marketing and false campaign promises what these presidential candidates whether Democrats or Republicans are saying.

Just to name few of the powers Article 1 vested in Congress to include among others, Sections, 1, 2, & 3 (legislative powers), Sections 4, 5, 6, & 7 (Elections) Section 9&10 powers denied to Congress and States. Keep in mind that “gerrymandering’ is the most powerful tool Congress have over who gets in and who gets elected. Shaping congressional districts to suite incumbents.

Article 1 Section 8 enumerate the many powers granted to the Legislative Branch included among many are:
Clause 1: power to tax and spend. Certainly the most powerful instruments of government, add to that the 16th Amendment, which empowered Congress to levy income tax. Without tax and authorizations to spend it, the nation could never function. That is why Congress always uses this power as a “big stick” with the president.

AIPAC-Conf-620x350

More powers are in Clause 2, which vested powers in Congress to “borrow money” in the forms of bonds and other instruments and of course created the obligations to repay the debt.

Clause 3 vested all “Commerce Powers” in Congress governing and regulating the movement of people and goods between states and internationally, add to the that “communications”.

When it comes to naturalization, it is Clause 4 that governs such major and contentious issue in this year election. Without Congress approval, the US president could not do much, perhaps limited “executive orders “ certainly will challenged in court. While Clause 9 granted Congress the powers to create courts and to reorganize the governments into different department and agencies, Clause 10 gave Congress complete sweep of powers “necessary and proper clause”.

Very few nations or organizations, let alone the American voters, recognized the powers vested in Congress like Israel and AIPAC. Both and long time ago, in early 50’s recognized the limited powers of the US presidency and the unlimited powers granted to Congress and members of Congress.

AIPAC and Israel understood clearly that the president’s powers and tenure in office are limited, one term, two terms at most while there are NO term limits for members of Congress. That is why AIPAC spends its money on congressional elections and little money on presidential elections. AIPAC is right; it understood the powers and limitations of powers in America. What counts is money, and AIPAC knew it is Congress not the president that authorizes foreign aid.

Should Bernie Sanders pursues his vision for a new “revolution”, then he and millions of Americans must work on denying reelections to existing members of Congress, both House and Senate and start the revolution where it counts in the Legislative Branch of government — clean the Congress first. This is where the power to change lies, not in the presidency.

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Sami Jamil Jadallah

Born in the Palestinian city of El-Bireh (presently under Israeli Military and Settlers Occupation). Immigrated to the US in 62.

After graduating from high school in Gary, Indiana was drafted into the US Army (66-68) received the Leadership Award from the US 6th Army NCO Academy in Ft. Lewis, Washington. Five of us brothers were in US military service about the same time (Nabil-Army), (Lutfi-Marines), (Sam-Army) and (Taiseer-Marines) with two nephews presently with US Army.

Graduated from Indiana University with BA-72, Master of Public Affairs-74 and Jurist Doctor-77, and in senior year at IU, was elected Chairman of the Indiana Student Association. Sami Jamil Jadallah is an international legal and business consultant and is the founder and director of Palestine Agency and Palestine Documentation Center and founder and owner of several businesses in technology and services.

His articles are also featured on JeffersonCorner.com, PalestineNote.com and Ramallah Online.

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7 COMMENTS

  1. Mr. Jadallah, ___ ON A DIFFERENT NOTE…. BEYOND GOOD NEWS…

    3/7/16, The Organization of Islamic Cooperation (OIC), ___57 Member States, Who is Who in Islamic Countries__ from Afghanistan to Yemen__ Announces Jakarta, Indonesia Declaration on Palestine & the Al-Quds Al-Sharif.

    Hopefully, this time NO Maneuvering by USA & EU Corrupt Politicians, who are in the Pocket of Israel.
     Supports made by Saudi Arabia & Jordan in Defending the Al-Aqasha Holy Site.
     Condemned & Urge ISRAEL to END the Occupation of Jerusalem & Palestine.
     To STOP Constructing Illegal Settlement in Palestine Territory.
     To BOYCOTT ISRAEL’S PRODUCTS produced Within the Illegal Occupation Territory.
     To Set-Up “Al-Quds & Al-Aqhsa Funds” to Rehabilitate Jerusalem.
     To discuss Peaceful Solution with Inter-religious Groups in INTERNATIONAL FORUM

  2. i think the US people need to instal a caretaker govt of ethical and loyal military leaders. then they can clean house. first the lobby groups then the dual holders of ISRAELI first passports.they must also give back the vote to the people by losing the ELECTORAL COLLEGE AND THE SUPER DELEGATE VOTERS this will allow the peoples vote to reign.the CIA must be investigated and the federal reserve should be AUDITED as also the gold reserves need to be audited. all federal judges and those APPOINTED BY GOVT must be investigated.ALL POLITICIANS MUST BE SCREENED in order to see if they are compromised or in any way under external control . once this process has begun you WILL see the house of cards begin to fall. maybe you can use the PR SYSTEM
    proportional representation which we use in IRELAND and is a much better system in order to KEEP politicians up to our mandate and not to their’s .THEY WORK FOR US NOT THE OTHER WAY AROUND.
    peace and justice for ALL. mylo

    • Agree… first thing we need to do is to replace all members of Congress and put these life time politicians out of business… then create a citizens Congress with term limits, limits on money they can take from lobbies and special interests groups…

  3. Well, according to the Geneva Convention these armed settlers re “criminal trespassers” and thieves at best. Personally as US citizens we have valuable properties confiscated by these criminal settlers and our government for domestic reasons failed to stand with us for our rights.
    It seems any one who does not like what Israel does is called Anti-Sematic…I don’t think any one gives a damn any more what Israel or it allies label any one who speaks against Israeli Occupation and it criminal land theft.

  4. Powers enumerated by the Constitution aside, the prostitution of government starts and ends with big money going to political parties. The “two party’ system has become the bane of the republic.

  5. How Psychopaths operate and how to deal with them:

    The Answer Will Floor You!

    When a psychopath lies, or steals, or manipulates – or does whatever he thinks is required to get what he wants – he has no greater emotional connection with his actions than you or I have with yesterday’s lunch.

    We, the non-psychopaths, tell little lies and do little wrongs. But we have a limit beyond which we will not go. For the psychopath, scale makes no difference. Stealing a family’s savings, or crashing an economy, or destroying a country is of no more consequence to the psychopath than deciding not to return ten bucks to a cashier who had made a mistake.

    And no matter what evil the psychopath meticulously plotted and practiced against you, to him, what happens is your fault. Always.

    How Psychopaths operate and how to deal with them:
    A psychopath’s psychopath

    Hillary WILL BE PRESIDENT

    They can let Trump be the Republican candidate and it will not matter, as long as Hillary is there on the democrat side, 200 million Americans could vote for Trump and it will make no difference because there is no real election, Hillary will simply be appointed

    “C’est la guerre”,

    Private exit polls show Trump took Texas
    But that would be too big of a win to allow, and the election WILL be stolen. Trump had Texas taken away via a rigged electronic vote that flipped enough of his votes to Rubio to fake a win for Cruz.

  6. even worse, the people do not understand the “District of Criminals” is a little 10 square mile foreign country residing within OUR border, by its own charter, and it does not consider the full spectrum domination warfare that it wages against the States, to be anything treasonous.

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