Constitution: Article II, Sections 2 – 4

We are going to over the Constitution and its Amendments line by line.  When Republicans wave their paper props and parrot their vile machinations, we will be prepared to expose the lies.  The text comes from The US Constitution.  It will be displayed in black, while my comments will be indented in blue.  Earlier articles include:

Preamble – Article I, Section 5

Article I, Sections 6-10

Article II, Section 1

 

Article II (Cont’d)

Section 2

1:  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 Offences against the United States, except in Cases of Impeachment.

This established Presidential control over most executive branch functions.

2:  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.

Congress did invest most inferior appointments with the President or his designee.

3:  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.

This is the authority for Bush’s infamous recess appointments.  Never before has this power been so overused and abused.

Section 3

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 standard executive powers.

Section 4

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.

Examples of High Crimes and Misdemeanors include such offenses as violating treaties forbidding torture, perjuring himself before Congress, and undermining the very Constitution Bush falsely swore to uphold.

Note that nowhere in Article II does the Constitution grant the President any of the extraordinary powers Bush claimed under the Republican ‘Unitary Executive’ theory.

I shall try to put up a new article in this series almost every day.  It will take some time to cover it all, but when we’re done, we shall be immune to the lies with which Republicans seek to undermine our freedoms.