December 15, 2009

Constitution and Presidential Powers

From President Obama's recent speech regarding the financial regulation currently being debated by Congress:


"So my main message in today's meeting was very simple: that America's banks received extraordinary assistance from American taxpayers to rebuild their industry -- and now that they're back on their feet, we expect an extraordinary commitment from them to help rebuild our economy."


Later in the speech, President states:


"In the end, my interest isn't in vilifying any one person or institution or industry; it's not to dictate to them or micromanage their compensation practices to ensure that consumers and -- my job is to ensure that consumers and the larger economy are protected from risky speculation and predatory practices, that credit is flowing, that businesses can grow, and jobs are once again being created at the pace we need."


When the President of the most powerful nation in the world states that he expects "an extraordinary commitment" from you, you better believe he is dictating terms and planning to micromanage every decision you make.


I also want to discuss another aspect of President Obama's speech. He stated in his speech that it's his "job is to ensure that consumers and the larger economy are protected from risky speculation and predatory practices, that credit is flowing, that businesses can grow, and jobs are once again being created at the pace we need."


This statement made me want to revisit our Constitution to see if the way President Obama views his job matches up with the way the Constitution actually describes his job.


Here are the powers granted to the President of the United States per the U.S. Constitution:


Clause 1: Command of military; Opinions of cabinet secretaries; Pardons

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.


Clause 2: Advice and Consent Clause

The President exercises what few powers he has with the advice and consent


Clause 3: Recess appointments

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.


Section 3: Presidential Responsibilities:

  • 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;
  • He shall Commission all the Officers of the United States.


I had to reread the Constitution about ten times for clarification, but for the life of me I couldn't find any reference or mention of the Presidential responsibility to "ensure that consumers and the larger economy are protected from risky speculation and predatory practices, that credit is flowing, that businesses can grow, and jobs are once again being created at the pace we need.


If I am looking in the wrong place, please advise me where I need to be looking.

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