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#71
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![]() "Prof. Vincent Brannigan" wrote in message ... Its the governments money, not "congress'" money Well then Brannigan, you clearly never had a sufficient understanding of the Constitution to puvblish anything WRT the Constitution. The purse is Congress'. |
#72
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#73
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![]() Tarver Engineering wrote: "Prof. Vincent Brannigan" wrote in message ... Its the governments money, not "congress'" money Well then Brannigan, you clearly never had a sufficient understanding of the Constitution to puvblish anything WRT the Constitution. The purse is Congress'. But the Treasury is the executive's. Its just like the army, the Congress can provide for one, but the president is in charge of it. that's how it works. Vince |
#74
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![]() "Prof. Vincent Brannigan" wrote in message ... Tarver Engineering wrote: "Prof. Vincent Brannigan" wrote in message ... Its the governments money, not "congress'" money Well then Brannigan, you clearly never had a sufficient understanding of the Constitution to puvblish anything WRT the Constitution. The purse is Congress'. But the Treasury is the executive's. Its just like the army, the Congress can provide for one, but the president is in charge of it. that's how it works. Non-sequitur. You are back to confusing Constitutional Authority with Enabling Law, Vince. What crank outfit published anything you wrote about the constitution, Vince. Is there a link to the paper? |
#75
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![]() "Prof. Vincent Brannigan" wrote in message ... Your claim to have written to Constitutional Law was just some cut and paste, Vince. |
#76
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![]() Tarver Engineering wrote: "Prof. Vincent Brannigan" wrote in message ... Tarver Engineering wrote: "Prof. Vincent Brannigan" wrote in message ... Its the governments money, not "congress'" money Well then Brannigan, you clearly never had a sufficient understanding of the Constitution to puvblish anything WRT the Constitution. The purse is Congress'. But the Treasury is the executive's. Its just like the army, the Congress can provide for one, but the president is in charge of it. that's how it works. Non-sequitur. You are back to confusing Constitutional Authority with Enabling Law, Vince. nonsense. The constitution divided spending authority between the executive and the legislature. See below What crank outfit published anything you wrote about the constitution, Vince. Is there a link to the paper? my particular work is in contrasting federal and state regulatory power cf Brannigan, Applying New Laws to Existing Buildings: Retrospective Fire Safety Codes, 60 U. DET. J. URB. L. 447, 460 (1983) But the issue you are confused on is clearly stated in Cases such as BOWSHER. the constituion clearly sets out separate spheres of action for congress and the president. Its constituional not statutory. "We noted recently that "[the] Constitution sought to divide the delegated powers of the new Federal Government into three defined categories, Legislative, Executive, and Judicial." INS v. Chadha, 462 U.S. 919, 951 (1983). The declared purpose of separating and dividing the powers of government, of course, was to "[diffuse] power the better to secure liberty." Youngstown Sheet & Tube Co. v. Sawyer, 343 U.S. 579, 635 (1952) (Jackson, J., concurring). Justice Jackson's words echo the famous warning of Montesquieu, quoted by James Madison in The Federalist No. 47, that "'there can be no liberty where the legislative and executive powers are united in the same person, or body of magistrates'. . . ." The Federalist No. 47, p. 325 (J. Cooke ed. 1961). Even a cursory examination of the Constitution reveals the influence of Montesquieu's thesis that checks and balances were the foundation of a structure of government that would protect liberty. The Framers provided a vigorous Legislative Branch and a separate and wholly independent Executive Branch, with each branch responsible ultimately to the people. The Framers also provided for a Judicial Branch equally independent with "[the] judicial Power . .. . [extending] to all Cases, in Law and Equity, arising under this Constitution, and the Laws of the United States." Art. III, § 2. Other, more subtle, examples of separated powers are evident as well. Unlike parliamentary systems such as that of Great Britain, no person who is an officer of the United States may serve as a Member of the Congress. Art. I, § 6. Moreover, unlike parliamentary systems, the President, under Article II, is responsible not to the Congress but to the people, subject only to impeachment proceedings which are exercised by the two Houses as representatives of the people. Art. II, § 4. And even in the impeachment of a President the presiding officer of the ultimate tribunal is not a member of the Legislative Branch, but the Chief Justice of the United States. Art. I, § 3. [6]That this system of division and separation of powers produces conflicts, confusion, and discordance at times is inherent, but it was deliberately so structured to assure full, vigorous, and open debate on the great issues affecting the people and to provide avenues for the operation of checks on the exercise of governmental power. ]The Constitution does not contemplate an active role for Congress in the supervision of officers charged with the execution of the laws it enacts. The President appoints "Officers of the United States" with the "Advice and Consent of the Senate. . . ." Art. II, § 2. Once the appointment has been made and confirmed, however, the Constitution explicitly provides for removal of Officers of the United States by Congress only upon impeachment by the House of Representatives and conviction by the Senate. An impeachment by the House and trial by the Senate can rest only on "Treason, Bribery or other high Crimes and Misdemeanors." Art. II, § 4. A direct congressional role in the removal of officers charged with the execution of the laws beyond this limited one is inconsistent with separation of powers. BOWSHER, COMPTROLLER GENERAL OF THE UNITED STATES v. SYNAR, MEMBER OF CONGRESS, ET AL. No. 85-1377 SUPREME COURT OF THE UNITED STATES 478 U.S. 714; 106 S. Ct. 3181; 92 L. Ed. 2d 583; 1986 U.S. LEXIS 141; 54 U.S.L.W. 5064 Vince |
#78
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LOL at Tarver!!! Read what Fred is saying for crying out loud! You
guys are going back and forth like a coupla kids! Nice to see I'm not the only one that sees some loss of comprehension on his part! On Wed, 18 Feb 2004 15:28:42 GMT, Fred J. McCall wrote: "Tarver Engineering" wrote: : :"Fred J. McCall" wrote in message . .. : "Tarver Engineering" wrote: : : :"Fred J. McCall" wrote in message : :news ![]() : : : : : : : :"Fred J. McCall" wrote in message : : .. . : : : "Tarver Engineering" wrote: : : : : : : : : : : :"John R Weiss" wrote in message : : : :news:ZHsYb.331816$I06.3436307@attbi_s01... : : : : "Tarver Engineering" wrote... : : : : : : : : : : : : When is the CinC not Military? : : : : : : : : If "CinC" means "Commander in Chief", then when he's the :President of the United : : : : States. : : : : : : : : If you mean something else in context, please define CinC. : : : : : : : :I am refering to the Constitutional authority delegated to the :President. : : : : : : Which does not make him 'military' any more than the Secretary of : : : Defense is 'military' or the Secretary of the Navy is 'a sailor'. : : : : : :The DoD is delegated Congressional authority and extra Constitutional :in : : :nature. : : : : False. : : : :Show me the DoD in the constitution. : : Show me Tarver in the Constitution. That's doesn't make you "extra : Constitutional in nature". : : See Article II, Section 2. : :Article II Section 2 proves my contention, but has zero to do with what you :wrote, Fred. Work on that reading comprehension, Tarver. |
#79
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![]() "fudog50" wrote in message ... LOL at Tarver!!! Read what Fred is saying for crying out loud! You guys are going back and forth like a coupla kids! Fred is ****ing up a rope. |
#80
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"Tarver Engineering" wrote:
: :"Fred J. McCall" wrote in message .. . : "Tarver Engineering" wrote: : : :"Fred J. McCall" wrote in message : .. . : : : : Work on that reading comprehension, Tarver. : : : :I have no such problem, Fred. : : : :The DoD is Congressional Authority delegated to the Executive. There is :no : ![]() : : No, the DoD is an EXECUTIVE agency, so it can hardly be "Congressional : Authority". : :What color is the sky in your world, Fred? Well, my world is called 'Earth' and the country under discussion is named "the United States of America". I'm not sure where the **** you're coming from, but it is obviously someplace quite different. -- "Some people get lost in thought because it's such unfamiliar territory." --G. Behn |
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