A Quote by Richard Shelby
I think you have to be concerned about any presidential executive order because it has the power of law until it's knocked down by an act of Congress or a court.
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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.
As presidential authority expands, and the role of Congress diminishes, the American people continue to lose control over their government. Today's assertions of executive power are indeed a nightmare and Peter Shane's extremely readable and well-informed book describes this disturbing transformation in frightening detail. For anybody who cares about our constitutional system of protected liberties, this book is indispensable. I couldn't put it down and grew angrier, and more concerned, with every page.
The thing about an executive order - there has never been an executive order that a Congress couldn't say, "You know, we don't like that so we're going to do something else," if there is a majority in Congress to do something else.
I don't think this is a situation where you can say that Congress was avoiding any mention of the tax power. It'd be one thing if Congress explicitly disavowed an exercise of the tax power. But given that it hasn't done so, it seems to me that it's - not only is it fair to read this as an exercise of the tax power, but this court has got an obligation to construe it as an exercise of the tax power if it can be upheld on that basis.
In our system of government, the Supreme Court ultimately decides on the constitutionality of laws passed by Congress or of presidential actions. When their actions are challenged, both Congress and the president are entitled to have their positions forcefully advocated in court.
What Obama did wrong with executive power is he tried to change the law. He tried to ignore the law. And under the Constitution, Article I, all legislative authority is vested in Congress.
You don't just give the executive branch unlimited resources, unlimited power. Our founders were very concerned about too much power being invested in any one, in any branch. The balance of power is fundamental to our system.
Rather than rewriting the law under the pretense of interpreting it, the Court should have left it to Congress to decide what to do about the Act's limitation of tax credits to state Exchanges.
The Supreme Court is about the Constitution. It is about constitutionality. It is about the law. At its bear simplest, it's about the law. It is not about the Democrat Party agenda. Because that's what it's become. The whole judiciary has become that because that's the kind of people they have put on various courts as judges, and every liberal justice on the Supreme Court is a social justice warrior first and a judge of the law second. And if they get one more, then they will have effectively corrupted the Supreme Court.
People in Congress are willing to shut down the entire government or to make it impossible for a Supreme Court nominee to get a hearing or for routine appointments in the executive branch to go unfilled for years because of a hold placed by a senator.
It's a matter of balance of power. If the Supreme Court could just make a ruling and everybody has to bow down and fall on their faces and worship that law, it isn't a law because it hasn't been yet passed.
But when General Ziaul Haq introduced the strict blasphemy - 295 A, B, C - of Pakistan's penal code, then from 1986 to today there are hundreds cases that are registered under the protection of blasphemy law. And until today, no case against any minorities, and especially Christians, is proved in the higher court. The lower court would order punishment but the higher court would always acquit people. So it proves that this law is being used as a tool of victimization against minorities and innocent people of Pakistan.
Agencies and the executive branch need to enforce the law. They don't need to fill in the spaces if Congress doesn't act.
In every government there are three sorts of power: the legislative; the executive in respect to things dependent on the law of nations; and the executive in regard to matters that depend on the civil law.
Secondly, there are such things as roving wiretaps. Now, by the way, any time you hear the United States government talking about wiretap, it requires - a wiretap requires a court order. [...] Nothing has changed, by the way. When we're talking about chasing down terrorists, we're talking about getting a court order before we do so. [...]
I've got a pen, and I've got a phone, and I can use that pen to sign executive orders and take executive action. I've got a pen to talk executive actions where congress won't. Where congress isn't acting, I'll act on my own. I have got a pen and I got a phone. And that is all I need.
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