Are Executive Orders Constitutional?


Posted originally on Jan 20, 2025 by Martin Armstrong 

Biden Executive Orders

QUESTION: You have been critical of an executive order by Biden. What will you say when Trump unleashes his flurry of executive dictated?

GV

ANSWER: The purposes of an executive order should be confined to running the government like any company CEO. Trump should withdraw the security clearance of all 51 people who falsely claimed the Hunter laptop was Russian propaganda. I believe that they are traitors to the country. I would fire each and everyone and strip them of all pensions. That would be a valid executive order, as would firing executive bureaucrats. The president is the CEO of the Executive Branch. He needs Congress’s approval to install judges in the Judicial Branch. When orders are confined to personnel inside the Executive Branch, that is within his Constitutional Power.

What I disagree with are executive orders that circumvent Congress. Biden outlawed gas water heaters. That is a question for Congress – not an executive decision any more than sending in troops or allowing Ukraine to use long-range missiles to target inside Russia. The Constitution gave Congress the power to declare war, not the president.

I will look at what Trump does, and my analysis will be eliminated on those lines. I disagree with FDR’s executive orders to confiscate gold and silver. I think Congress should have decided that.

The major case issued by the Supreme Court striking down a president’s executive order came about in 1952. In Youngstown Sheet & Tube Co. v. Sawyer, the court held struck down Executive Order 10340, issued by President Harry Truman, for seizing control of the steel manufacturers because of an anticipated union strike in the nation’s steel mills during the Korean War. The court held that President Truman lacked the constitutional or statutory power to seize private property.

The court focused on the fact that the Executive Order was not authorized by the Constitution or laws of the United States, and thus, it could not sand Pp. 343 U. S. 585-589. Moreover, no statute expressly or impliedly authorized the President to take possession of this property as he did here.

Using this criterion, Biden’s outlawing gas water heaters is arbitrary and absurd. It was unconstitutional, as many of his antics demonstrated that he assumed dictatorial power. Still, the Constitution never authorized such an exercise of power outside the administration of the Executive Branch. He has the Constitutional power to issue a pardon, but not pronounce someone guilty and imprison them without a trial in the Judiciary branch.

Categories:PoliticsRule of Law

Biden Pardons Fauci, Milley, and Whole Jan 6th Committee


Posted originally on Jan 20, 2025 by Martin Armstrong 

Biden pardon Fauci

To get a pardon, you are supposed to plead guilty and show remorse. I am not sure a preemptive pardon is even legal. Now, what I would do is subpoena these people to testify. They cannot be prosecuted now, so they have NO FIFTH AMENDMENT privilege against self-incrimination. I would then ask them to explain their crime and name everyone else who assisted them who is not pardoned. Let’s expose the whole shit. To accept these pardons CONFIRMS that they are guilty of high crimes against the United States. They may not be sent to prison, but they can now be interrogated like any criminal getting a plea deal.

QUESTION: Mr. Fauci, did you circumvent US law and send your gain-of-function to China to be released? Were you behind creating COVID-19? Do masks and lockdowns work?

QUESTION: General Milley, So you deliberately created the false accusations that Russia interfered in the US election, were you trying to create World War III with Russia?

Oh, the party can now begin.

How about the Small Business Association brings a class action lawsuit against Fauci for all the businesses he destroyed with his lockdowns? He has to testify now, and there better not be any lies in his testimony. Explain any conspiracy he was in with Gates, the Rockefeller Foundation, the World Health Organization, and Klaus Schwab. We can now get to the truth at last!!!!!!

They can be Prosecuted for Perjury post-these pardons.

Biden Medal of Honor for Soros

Biden just opened the door really wide. Otherwise, you would have had to prove Fauci was guilty; now he is Pardoned, so he is guilty of a crime to accept a pardon. Fantastic!!!! Thank you, Biden, for your final act of corruption. It may help to bring down the corruption more than anything else. Most billionaires are Democrats to pretend they care, but only the honest billionaires who support Trump based on common sense rather than WOKE are oligarchs. Ask Fauci if he was collaborating with George Soros or his son Alex?

The Biden Administration will go down in History as the MOST corrupt in American History!

Crime Family – Joe Biden Pardons His Brothers, James and Frank, along with his sister Valerie, and their spouses.


Posted originally on the CTH on January 20, 2025 | Sundance 

Literally minutes before he leaves office, Joe Biden just issued blanket pardons for his closest family.  Having previously pardoned Hunter Biden, the departing executive just pardoned his brothers, James and Frank, along with his sister Valerie, and their spouses.

The Biden family crime syndicate, those who engaged in the benefit of Joe Biden selling the influence of his office for financial gain, are attempting to preemptively pardon themselves from any investigation or prosecution of their criminal conduct.

White House – […] That is why I am exercising my power under the Constitution to pardon James B. Biden, Sara Jones Biden, Valerie Biden Owens, John T. Owens, and Francis W. Biden. The issuance of these pardons should not be mistaken as an acknowledgment that they engaged in any wrongdoing, nor should acceptance be misconstrued as an admission of guilt for any offense. (read more)

Recent legal debate has surrounded the issue of a prosecutor who may bring an indictment against a person after they have been issued a pardon. The state may present evidence of the crime. The defendant may (or may elect not to) present exculpatory evidence or a defense and also plead the pardon.

The court might (or might not) proceed to render a verdict or judgment. If convicted, the defendant may (or may not) invoke the pardon, which prevents any criminal sentence from being issued. (i.e., the defendant may prefer obtaining a verdict of “not guilty” to a pardon.)

The defendant may be called as a witness (in another forum; and interestingly but unclear, in the subject prosecution). Following a pardon, the defendant likely cannot invoke the 5th Amendment privilege against self-incrimination, which is significant.

In the initial criminal court, it’s likely the defendant may be called as a witness, and then invoke the 5th Amendment at such trial, because the pardon has not been activated post-indictment. But this is an issue that would be contested; a lot of tactical decisions involved. I suspect that the evidence introduced at such trial (once re-authenticated) may be used in a civil trial and/or an impeachment of the defendant (despite the criminal pardon).

[SOURCE]

Confirmation Mania: Day 4 + AMA | Comer | 1.17.2025


Posted originally on Rumble By Charlie Kirk show on: Jan 18, 2024 at 8:00 pm EST

How Did the Biden Family Get So Rich? Rep. James Comer Exposes the Treasonous Truth


Posted originally on Rumble By Charlie Kirk show on: Jan 18, 2024 at 8:00 pm EST

Bannon BLASTS The Biden Administration: “The Democrats Wanted An Oligarchy”


Posted originally on Rumble By Bannons War Room on: Jan 16, 2025 at 7:00 pm EST

Biden Pardons 2,500 “Non-Violent Drug Offenders” and Indicates More Pardons Likely


Posted originally on the CTH on January 17, 2025 | Sundance 

According to a statement released by the White House, the people in control of Joe Biden have granted executive clemency to 2,500 non-violent drug offenders.

“Today, I am commuting the sentences of nearly 2,500 people convicted of non-violent drug offenses who are serving disproportionately long sentences compared to the sentences they would receive today under current law, policy, and practice. With this action, I have now issued more individual pardons and commutations than any president in U.S. history. … I am proud of my record on clemency and will continue to review additional commutations and pardons.” ~ Joe Biden

According to a report from Politico:

[…] “his statement hinted that more are likely to be made public before he leaves office Monday.

According to three people familiar with private conversations granted anonymity to discuss them, the president has been presented with a number of options for preemptive pardons — efforts to protect certain individuals worried about being targeted by the Justice Department or FBI once Donald Trump is sworn into office.” (source)

Natalie Winters Reads Joe Biden’s Lie-Filled Farewell Letter


Posted originally on Rumble By Bannons War Room on: Jan 15, 2025 at 6:00 pm EST

Todd Bensman Exposes Biden’s Plan To Expand Protections To As Many Illegals As Possible Before Leaving Office


Posted originally on Rumble By Bannons War Room on: Jan 11, 2025 at :12:00 pm EST

400K “Anchor Babies” Born in US in 2024


Posted originally on Jan 7, 2025 by Martin Armstrong 

Birthrate

Under the 14th Amendment: “All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.” This clause from 1868 has far surpassed its original intent. It has been abused as a method for citizenship by illegal migrants who often intentionally travel to the US to give birth, but not in the way the media portrays it. Recent data suggests at least 400,000 “anchor babies,” as they are called, were born in the US in 2024 alone.

The Common Law Doctrine of Jus Soli under English common law protected “right of the soil,” which deemed anyone born on a country’s soil to be a citizen. The US Constitution never clearly defined citizenship until the Naturalization Act of 1790, which granted citizenship to “free white persons” born on US soil. The advent of the Civil War left dire uncertainty for slaves who had no homeland to return to after the war came to an end and slavery was abolished. The 1844 case Lynch v Clarke in New York reaffirmed that anyone born to non-citizen parents would be considered an American. The Reconstruction Amendments remained vague, and Dred Scott was expanded in 1868 to include:

“All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.”

The law remained open to interpretation. Native Americans, for example, were not seen as Americans since they did not pledge their allegiance to the federal government. It was not until the Indian Citizenship Act of 1924 that Native Americans were considered full citizens.

America’s complicated past with citizenship has led to today’s debacle. Nowhere along the way did the Supreme Court or any other entity grant citizenship to parents of children born in the US. However, the system often looks the other way to prevent separating families. American-born children may sponsor their parents for a green card when they turn 21. Then, the parents must wait five years before applying for naturalization. Parents often must leave the US for a decade before applying for citizenship. Yet, in recent years, we have seen people completely bypass the system by claiming asylum. Under Biden-Harris, the borders were simply wide open.

Hence why, the media is attacking incoming border tzar Tom Homan for insisting that families can leave the US together if they want to prevent separation. The parents are here illegally — plain and simple.

Donald Trump vowed to end birthright citizenship. “Joe Biden has launched an illegal foreign invasion of our country, allowing a record number of illegal aliens to storm across our borders,” Trump said on X. “Even though these millions of illegal border crossers have entered the country unlawfully, all of their future children will become automatic U.S. citizens. Can you imagine?” Trump believes birthright citizenship incentivizes migrants to illegally cross into the US and calls it a form of tourism.

Donald Trump CANNOT end birthright citizenship through an executive order. The president simply cannot change the Constitution without a revision of the amendment. But the president may deport the parents of “anchor babies,” as that term does not hold weight since it is a false notion that having a child on US soil grants parents automatic citizenship.