A Quote by Rand Paul
I have a great deal of concern for any president and the amount of power they accumulate versus congress. I'm a stickler about the idea of separation of powers.
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I believe that the power to declare war is most important in limiting the powers of the national government in regard to the rights of its citizens, but that it does not require Congress to give its approval before the president uses force abroad. I do not believe that the framers of the Constitution understood the power to declare to mean "authorize" or "commence" war. That does not mean that the separation of powers or checks and balances will not work.
When the president acts in absence of a congressional grant of authority, he can rely only upon his own independent powers. When the president takes measures incompatible with the express or implied will of Congress, his power is at its lowest ebb.
It was the separation of powers upon which the framers placed their hopes for the preservation of the people's liberties. Despite this heritage, the congress has been in too many cases more than willing to walk away from its constitutional powers.
Under the doctrine of separation of powers, the manner in which the president personally exercises his assigned executive powers is not subject to questioning by another branch of government.
When the President acts, he must do so pursuant to constitutionally enumerated Article II powers or statutory power allocated to him by Congress.
When it comes to the separation of powers, the Constitution makes it look pretty simple: Congress makes the laws, the president enforces them and the judiciary adjudicates them. In reality, though, the lines between the branches are a little blurrier than they seem on paper.
The Supreme Court, in 2005, emphasized and contrasted the great power of Congress under the Commerce Clause to regulate interstate commerce versus much more limited federal power under the discarded Articles of Confederation.
People don't seem to understand that the separation of powers is not about the power of these branches; it's there to protect individual liberty - it's there to protect us from the concentration of power.
I rise in support of the separation of powers as established by our Founding Fathers in the Constitution. The Constitution clearly delegates the power to deal with criminal matters, like the use of drugs, to the States.
I was very, very concerned about President Obama and how much executive order and how much executive power he tried to exert. But I think I want to be, and I think congress will be, a check on any executive, Republican or Democrat, that tries to grasp too much power. And really, a lot of the fault is not only presidents trying to take too much power, it's Congress giving up too much power.
I think [Donald Trump] does understand that. We talked a great deal about the separation on power and the constitution. And we`re very excited about what he`s doing because what he`s doing is pulling back what we see as unconstitutional executive actions from the past presidents.
If the president is the head of the American body politic, Congress is its gastrointestinal tract. Its vast and convoluted inner workings may be mysterious and unpleasant, but in the end they excrete a great deal of material whose successful passage is crucial to our nation's survival. This is Congress's duty.
Our president delivered his State of the Union message to Congress. That is one of the things his contract calls for -- to tell congress the condition of the country. This message, as I say, is to Congress. The rest of the people know the condition of the country, for they live in it, but Congress has no idea what is going on in America, so the president has to tell 'em.
The Constitution expressly and exclusively vests in the Legislature the power of declaring a state of war [and] the power of raising armies.... A delegation of such powers [to the President] would have struck, not only at the fabric of our Constitution, but at the foundation of all well organized and well checked governments. The separation of the power of declaring war from that of conducting it, is wisely contrived to exclude the danger of its being declared for the sake of its being conducted.
If President Obama wants to keep calling for protests, then that will be his legacy, one of division, rich versus poor, old versus young, black versus white, always dividing. That's what you get under President Obama.
I believe that the power to declare war is most important in limiting the powers of the national government in regard to the rights of its citizens, but that it does not require Congress to give its approval before the president uses force abroad.
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