Article constitution president trump

President Trump has shown how fragile our democracy is when we have a president who abuses his power and threatens the constitution of the United States. During protests in June Trump wanted to deploy 10, troops from the 82nd airborne division and other units to Washington D. Trump abused his power when he asked the Ukrainian President to interfere in our election, and Trump was subsequently punished with impeachment by the House of Representatives.

Trump asked Chinese President Xi Jinping to help him in the election. I agree with former Chief of Staff General John Kelly who essentially said we have to scrutinize candidates for the presidency of the U. Note to readers: if you purchase something through one of our affiliate links we may earn a commission. All rights reserved About Us. The material on this site may not be reproduced, distributed, transmitted, cached or otherwise used, except with the prior written permission of Advance Local.

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Did Trump Invoke ‘Article 9’ Treason Prosecutions Against Democrats?

Facebook Share. Twitter Share.Article Two of the United States Constitution establishes the executive branch of the federal governmentwhich carries out and enforces federal laws. Article Two vests the power of the executive branch in the office of the president of the United Stateslays out the procedures for electing and removing the president, and establishes the president's powers and responsibilities.

Section 1 of Article Two establishes the positions of the president and the vice president, and sets the term of both offices at four years. Section 1's Vesting Clause declares that the executive power of the federal government is vested in the president and, along with the Vesting Clauses of Article One and Article Threeestablishes the separation of powers among the three branches of government.

article constitution president trump

Section 1 also establishes the Electoral Collegethe body charged with electing the president and the vice president. Section 1 provides that each state chooses members of the Electoral College in a manner directed by each state's respective legislature, with the states granted electors equal to their combined representation in both houses of Congress.

Section 1 lays out the procedures of the Electoral College and requires the House of Representatives to hold a contingent election to select the president if no individual wins a majority of the electoral vote. Section 1 also sets forth the eligibility requirements for the office of the president, provides procedures in case of a presidential vacancy, and requires the president to take an oath of office. Section 2 of Article Two lays out the powers of the presidencyestablishing that the president serves as the commander-in-chief of the military, among many other roles.

This section gives the president the power to grant pardons. Section 2 also requires the "principal officer" of any executive department to tender advice. Though not required by Article Two, President George Washington organized the principal officers of the executive departments into the Cabineta practice that subsequent presidents have followed.

The Treaty Clause grants the president the power to enter into treaties with the approval of two-thirds of the Senate. The Appointments Clause grants the president the power to appoint judges and public officials subject to the advice and consent of the Senate, which in practice has meant that presidential appointees must be confirmed by a majority vote in the Senate.

The Appointments Clause also establishes that Congress can, by law, allow the president, the courts, or the heads of departments to appoint "inferior officers" without requiring the advice and consent of the Senate.

The final clause of Section 2 grants the president the power to make recess appointments to fill vacancies that occur when the Senate is in recess. Section 3 of Article Two lays out the responsibilities of the president, granting the president the power to convene both houses of Congress, receive foreign representatives, and commission all federal officers.

Section 3 requires the president to inform Congress of the "state of the union"; since this has taken the form of a speech referred to as the State of the Union.

article constitution president trump

Section 4 of Article Two establishes that the president and other officers can be removed from office through the impeachment process, which is further described in Article One. He shall hold his Office during the Term of four Years, and, together with the Vice President, chosen for the same Term, be elected, as follows: [1].

Section 1 begins with a vesting clause that confers federal executive power upon the president. Similar clauses are found in Article I and Article III ; the former bestows federal legislative power exclusively to Congress, and the latter grants judicial power solely to the Supreme Court, and other federal courts established by law. Article I grants certain powers to Congress, and the Vesting Clause does not reassign those powers to the President.

In fact, because those actions require legislation passed by Congress which must be signed by the president to take effect, those powers are not strictly executive powers granted to or retained by Congress per se. Nor were they retained by the U. Congress as leftovers from the Articles of Confederation. The Articles of Confederation, Continental Congress and its powers were abolished at the time the new U.

Congress was seated and the new federal government formally and officially replaced its interim predecessor. And although the president is implicitly denied the power to unilaterally declare war, a declaration of war is not in and of itself a vehicle of executive power since it is literally just a public declaration that the U. Regardless of the inability to declare war, the president does have the power to unilaterally order military action in defense of the United States pursuant to "a national emergency created by attack upon the United States, its territories or possessions, or its armed forces".

Once proper legal notification is given to the required members of Congress, military action can continue for up to 60 days without further authorization from Congress, or up to 90 days if the president "determines and certifies to the Congress in writing that unavoidable military necessity respecting the safety of United States Armed Forces requires the continued use of such armed forces in the course of bringing about a prompt removal of such forces.

As treaties are by U.Many of the high clergy in the Church of the Savvy have been calmly explaining for weeks that although Donald Trump's brazen and pathetic post-election behavior is corrosive to democracy, it does not technically count as a coup attempt.

The president's myriad lawsuits attempting to throw out the results of democratic elections have not worked, these folks explain, therefore they were never going to work Logicand concern about them working—on the basis that no Law or Norm has much mattered for four years—was hysteria.

This is too stupid to be a coup! It's just a griftbecause these things are mutually exclusive. And besides, a coup involves using the military or the security apparatus to seize power.

He's just getting laughed out of court. Welp, now his former national security adviser, Michael Flynn, a man the president pardoned just last week for "any and all possible offenses" related to the Mueller probe, has endorsed a call for the president to "temporarily suspend the Constitution," "declare limited martial law," have "the military oversee a national re-vote," and "silence the destructive media.

Sounds a bit like a coup. Maybe the best part is the idea that you can have "limited" martial law, or that suspending the Constitution would just be "temporary," or that the only organization that could oversee a legitimate election—read: one where Donald Trump wins—is the military. The military is not some repository of Real American sentiment— Donald Trump enjoys broad disapproval in the armed forcesincluding at the officer level, so it's not likely the army or navy will participate in the president's plot to overturn the election.

But this stuff is metastasizing on the right. It's a natural extension of the Republican Party's growing belief that any democratic process that ends with a Democratic candidate getting elected is by-definition illegitimate. This is what was beneath the push from numerous Republican-led state legislatures in the last couple of cycles to strip their governors' offices of their powers in the lame-duck period before a Democrat could take office and wield them.

The Constitution Will Win the Election for President Trump

Never mind that a majority of citizens had voted to give it to them. This is what's lurking under the voter-suppression tactics, and the post-election push to throw out the votes in predominantly Black cities.

These Americans are not considered full citizens, in that they should not have the right to determine who the president is. Their participation in the polity is fraudulent. Meanwhile, those preaching calm over the last few weeks have not merely ignored the guiding principles of the Trump era: never assume there is a bottom to the shameless depravityand never bet against that shamelessness being rewarded.

This is a guy who has never faced consequences for a single thing he's done, and who continually gets things he does not deserve. Why would that stop now? These Savvy Observers suffer from a failure of imagination. The increasingly deranged conspiracies propping up Trump's tantrum have had the desired effect: millions of the Republican rank-and-file do not believe Biden's fairly decisive win was legitimate. Very few Republican officeholders have openly acknowledged Biden's win—even if, as we were reminded by Senator Ron Johnson todaythey very well know the truth and just regard speaking it as "political suicide"—and that number does not include anyone in congressional leadership.

The official position of the Republican Party is that the outcome is in doubt and in need of investigation. And more than all that, the military is not the only segment of our society with guns that might theoretically attempt to achieve a desired political outcome with force rather than through the democratic process. Election officials in states targeted by Trump and his allies are already facing a deluge of death threatsand we all seem to have memory-holed the attackers—from the mail bomber to El Paso to the Pittsburgh synagogue —who engaged or attempted to engage in mass violence while spouting off right-wing rhetoric over the last few years.

If members of the armed forces do not take things into their own hands, which they almost certainly will not, we can only hope no one else will attempt to do so. Because, again: millions of people believe this stuff. The vast, vast majority—almost every single person—would never turn to violence in response. But it only takes one. And all the while, the president is starting to fire up the Pardon Machineboth for those who do crime on his behalf and, possibly, for himself.

Because he faces such huge legal jeopardy when he leaves office. Which is something he wants to avoid at all costs. It is also straight out of the strongman playbook to put a number of hare-brained schemes in motion, hoping that at least one will play out in such a way that you can profit off the chaos.

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But yeah, everybody simmer down. The important thing when witnessing the wild behavior of an authoritarian leader, cornered and desperate, is to be the most Calm and Savvy observer.The executive power shall be vested in a President of the United States of America.

He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows:. Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

The electors shall meet in their respective states, and vote by ballot for two persons, of whom one at least shall not be an inhabitant of the same state with themselves. And they shall make a list of all the persons voted for, and of the number of votes for each; which list they shall sign and certify, and transmit sealed to the seat of the government of the United States, directed to the President of the Senate.

The President of the Senate shall, in the presence of the Senate and House of Representatives, open all the certificates, and the votes shall then be counted. The person having the greatest number of votes shall be the President, if such number be a majority of the whole number of electors appointed; and if there be more than one who have such majority, and have an equal number of votes, then the House of Representatives shall immediately choose by ballot one of them for President; and if no person have a majority, then from the five highest on the list the said House shall in like manner choose the President.

But in choosing the President, the votes shall be taken by States, the representation from each state having one vote; A quorum for this purpose shall consist of a member or members from two thirds of the states, and a majority of all the states shall be necessary to a choice. In every case, after the choice of the President, the person having the greatest number of votes of the electors shall be the Vice President.

But if there should remain two or more who have equal votes, the Senate shall choose from them by ballot the Vice President. The Congress may determine the time of choosing the electors, and the day on which they shall give their votes; which day shall be the same throughout the United States.

No person except a natural born citizen, or a citizen of the United States, at the time of the adoption of this Constitution, shall be eligible to the office of President; neither shall any person be eligible to that office who shall not have attained to the age of thirty five years, and been fourteen Years a resident within the United States. In case of the removal of the President from office, or of his death, resignation, or inability to discharge the powers and duties of the said office, the same shall devolve on the Vice President, and the Congress may by law provide for the case of removal, death, resignation or inability, both of the President and Vice President, declaring what officer shall then act as President, and such officer shall act accordingly, until the disability be removed, or a President shall be elected.

The President shall, at stated times, receive for his services, a compensation, which shall neither be increased nor diminished during the period for which he shall have been elected, and he shall not receive within that period any other emolument from the United States, or any of them.

Before he enter on the execution of his office, he shall take the following oath or affirmation"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. The President shall be commander in chief of the Army and Navy of the United States, and of the militia of the several states, when called into the actual service of the United States; he may require the opinion, in writing, of the principal officer in each of the executive departments, upon any subject relating to the duties of their respective offices, and he shall have power to grant reprieves and pardons for offenses against the United States, except in cases of impeachment.

He shall have power, by and with the advice and consent of the Senate, to make treaties, provided two thirds of the Senators present concur; 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, and all other officers of the United States, whose appointments are not herein otherwise provided for, and which shall be established by law: but the Congress may by law vest the appointment of such inferior officers, as they think proper, in the President alone, in the courts of law, or in the heads of departments.

The President shall have power to fill up all vacancies that may happen during the recess of the Senate, by granting commissions which shall expire at the end of their next session. He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States.

The President, Vice President and all civil officers of the United States, shall be removed from office on impeachment for, and conviction of, treason, bribery, or other high crimes and misdemeanors. Please help us improve our site! No thank you. LII U. Constitution Article II. Article II Primary tabs Section 1. He shall hold his office during the term of four years, and, together with the Vice President, chosen for the same term, be elected, as follows: Each state shall appoint, in such manner as the Legislature thereof may direct, a number of electors, equal to the whole number of Senators and Representatives to which the State may be entitled in the Congress: but no Senator or Representative, or person holding an office of trust or profit under the United States, shall be appointed an elector.

Section 3. Section 4.Our Founders, who engineered the preparation, initial amending, and passage of the Constitution were wise men; albeit wise white mentwo historical sins in the present climate, but wise all the same. They were wise because they purposely designed our Constitution to blunt and protect us -- all of us -- from the triggered passions of a panicked populace and from elected representatives whose stances and courage spin like splinters of driftwood caught in the maelstrom of public opinion.

Which brings us to our present state of affairs.

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Grant; and, making persons disappear professionally who now, or at any time, have acted in a fashion, or even expressed an errant thought, that does not completely comport with the present mores of a woke They would have us ignore the multiple scenes of violence and misplaced anger displayed through more objective and independent sources. The real troublemakers were not the legitimate protestors, MSNBC reassured its remaining viewers, but actually white supremacists who had deftly infiltrated Black Lives Matter protests in a dozen plus cities to spread violence and wreak havoc.

Pay no attention to the extensive video footage showing protestors of all stripes and colors performing stupefying acts of vandalism. Although most of the major media outlets long ago ceased dispensing accurate information to the American citizenry, they nevertheless have retained just enough viewers to help fan the flames of this 21 st -century Bonfire of the Vanities.

Cue the platoon of white, geriatric Democratic congresspersons skittering over to the Capital to genuflect in Kente robes in what may well have set a new Guinness world record for the largest demonstration of zero self-awareness ever recorded on video. Joe Biden has proven to be every bit the pandering appeaser to radical fringe groups by failing to strongly condemn the violence they have wrought and the extralegal tactics they employ.

Acts of violence by protestors? Certain politicians on the right have recently displayed a backbone commensurate to a glass noodle.

In the all-too-well established tradition of the squishy Republican who is more comfortable in the swampy green rooms and cocktail parties of Washington D.

Are these Republicans actually under the delusion that their constituents are not only regular readers of, but set their internal politics to, the New York Times?

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Too many of our politicians have too readily lost their heads at the slightest twitch in opinion. Fortunately, we have the Constitution to protect us from spineless politicians and, more importantly, the worst angels of our nature.

Our Constitution was not meant to merely provide a rough scaffolding for government bureaucracy, but rather was created to provide the American people with a stable representative government that responsibly governs in the long-term best interests of all citizens.

The Constitution by its very design requires multiple elections spread over two houses of the legislative branch and the executive branch to effectuate any monumental shift in the judiciary branch, to government policy and upon our society-at-large. Detractors, especially those on the left, will say that this is a bad thing, that government must immediately respond to every wake, eddy, current and break in public opinion.

article constitution president trump

The framers of the Constitution wisely disagreed. James Madison perhaps best addressed this point in Federalist No. How does all of this connect to Trump and the election of ? When Democrats win presidential elections, they smear Republicans in the legislative branch who legitimately oppose their policies as self-interested elites, obstructionists, and even racists.

They use these smears, aided and abetted by friendly media outlets, to rationalize shotgunning out sweeping executive orders that deliberately circumvent the legitimate constitutional process.

President Donald Trump is not perfect.

Article Two of the United States Constitution

With his judicial appointments, President Trump has demonstrated a level of appreciation for the Constitution we could never hope for from a President Joe Biden. The Constitution will protect us, but we must act to protect the Constitution in the voting booth in By Christopher West.The U. That authority lies in the House of Representatives to be addressed on January 6. Again, not even the Supreme Court has the final say in this, believe it or not. Those of us who follow internal presidential politics and those who have people on the inside know that the Levins are leading authorities on Constitutional law, as are several others on the Trump legal team.

Why is this important? T he Texas filing was weak. In fact, Mark Levin did say that it would not get heard on his radio show, and he was right.

Supreme Court Justice Alito was right in his decision. In fact, it would have set a horrible precedent to accept the case based on how it was written and presented. Justice Alito stated that just as in Arizona vs. California U. Further, Texas was not a grieved or injured state in this election. What would be next? California suing Nevada for having more favorable tax breaks, drawing California businesses to register there instead of California, disenfranchising the other taxpayers and programs in California that need the tax dollars?

Whoever brings the case first runs the highest risk of losing before they even have a chance to fight. Because President Trump stands a better chance of winning this as a defendant than he does as an accuser.

Either way, it will not change the outcome. Note that the state legislatures will likely not be too happy about this. They may feel as if they have been disenfranchised, and either sometime this week, and more so on January 6th when Congress counts the votesthe state legislatures will CHANGE their certifications to President Trump; i.

Certainly, this will cause an internal legal battle within the states. But under Article 2, Section 2 of the Constitution, the state legislatures have the final say on who they want to certify as the winner of their states. We are not backing down. Remember, because the Constitution automatically overrides federal law. So, they can do one of two things:. With that, President Trump wins. But what if they take the case after the state of Texas re-files the lawsuit?

Certainly, the Attorney General of Pennsylvania for example will have to explain why and how any Federal law can override the Constitution.

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Hence, President Trump wins. But if they DO get involved, it will be after January 6th where a Constitutional crisis will exist, and then they will need to step in and settle the matter in three possible ways.

President Trump wins. Again, President Trump wins, as we have a state majority of This site uses Akismet to reduce spam. Learn how your comment data is processed.

Previous Next. View Larger Image. Jim Waurishuk is a retired USAF Colonel, serving nearly years as a career senior intelligence and political-military affairs officer and special mission intelligence officer with expertise in strategic intelligence, international strategic studies and policy, and asymmetric warfare.

He served as Deputy Director for Intelligence for U. He served as a senior advisor to the Commander U. Related Posts.Constitution "allows" him to do "whatever" he wants, arguing that he never planned to fire Special Counsel Robert Mueller but had every legal right to do so. The president made the remarks during an exclusive interview with ABC News' host George Stephanopoulos, part of which was released last week and another part of which was released ahead of its airing on Sunday.

Stephanopoulos pressed Trump on specific allegations of obstruction of justice, as many legal experts have defined them, laid out in the second portion of Mueller's report. One of the primary examples that critics of the president often point to, is the allegation that Trump directed White House counsel Don McGahn to fire Mueller.

article constitution president trump

Stephanopoulos pushed back, pointing out that McGahn's testimony to the special counsel and the report told a different story. That was to show everyone what a good counsel he was. Now he may have got confused with the fact that I've always said to anybody that would listen: Robert Mueller was conflicted. The president also argued that McGahn lied under oath about being told to fire Mueller because he "wanted to make himself look like a good lawyer" or perhaps misunderstood Trump, because he constantly criticized the special counsel.

Number one, I didn't. He wasn't fired But more importantly, Article II allows me to do whatever I want. Article II would have allowed me to fire him," Trump claimed.

How to Serve Three Terms as President (LegalEagle’s Real Law Review)

Again, the president insisted that he "wasn't gonna fire" Mueller, pointing out that actions like that did not go very well for former President Richard Nixon, who resigned from office back in The duties outlined in the article include making treaties in conjunction with the Senate, commanding the U. Legal experts disagree over whether or not Trump legally could fire the special counsel. Some have argued that he would have had to tell a Justice Department official to make the call, and they would have had to choose if they would carry out the demand.

Others have contended, as Trump did to Stephanopoulos, that he had the legal authority to simply fire Mueller whenever he wanted to. However, many have viewed such an action as obstructing justice, as the special counsel was specifically tasked with investigating Russian interference in the presidential election and whether or not the Trump campaign conspired in that effort.

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