TruthNotBS
Gold Member
- Mar 20, 2023
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- #141
Just because the Constitution says the President must “faithfully execute” the laws doesn’t mean he can literally do whatever the hell he wants. That’s pure nonsense. If you take the time to actually read the link you sent:HUH?
Article II, Section 1, Clause 8:
Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:– I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.
The oath’s requirement that the President swear or affirm to faithfully execute the Office of President bears close relation to the President’s constitutional duty to take Care that the Laws be faithfully executed.1 Other provisions of the Constitution require action of various officials, but these two clauses comprise the only requirements that an official act faithfully. Because of these textual similarities, the oath is often discussed in conjunction with the Take Care Clause.2
(https://constitution.congress.gov/browse/essay/artII-S1-C8-1-3/ALDE_00013934/),
It talks about the oath in conjunction with the Take Care Clause, meaning the President is obligated to enforce existing laws, not scrap them or rewrite them on a whim.
People keep dragging out that “voting machines can be hacked” argument from Curling v. Raffensperger (Civil Action No. 1:17-cv-2989-AT, ND Ga.). Sure, the judge in that case discussed vulnerabilities in Georgia’s voting systems. That in no way gives the President authority to purge entire government departments or fire civil servants en masse, let alone close agencies created by Congress. There’s absolutely zero connection there.
The idea that the President has a “license” to blow up entire federal departments or hack them apart is just plain stupid. The Constitution puts lawmaking, including the power to create or eliminate agencies, in Congress’s hands. That’s called separation of powers. If you want a basic example, read the Supreme Court’s decision in Youngstown Sheet & Tube Co. v. Sawyer (343 U.S. 579 (1952)), where President Truman tried to seize steel mills during the Korean War. The Supreme Court basically said, “No, you can’t do that without Congressional authority.” Same concept here: if the President can’t even nationalize steel mills by himself in a wartime emergency, what makes you think he can unilaterally shut down the Department of Education or destroy the Small Business Administration just because he feels like it?
Congress creates gencies and funds them through the appropriations process. The President can’t override that by executive fiat. “Take Care” means enforcing the laws, not ignoring or dismantling them. The Constitution’s Appropriations Clause (Article I, Section 9, Clause 7) says no money can be drawn from the Treasury unless Congress passes a law authorizing it. That slams the door on this idea that Elon Musk can walk into the Treasury, flick a switch, and shut off funds to whatever he wants.
As for “firing everyone” in the federal government, civil service laws exist precisely to stop that kind of horse crap. Look at Humphrey’s Executor v. United States (295 U.S. 602 (1935)) if you want a Supreme Court case about limiting the President’s removal power over certain officials. Also, regular civil servants are protected by statutes like the Civil Service Reform Act and the Merit Systems Protection Board. The President can’t just wave some “powerful pen” and get rid of people because he doesn’t like their politics, there’s a statutory process for removals, discipline, or reassignments.
Your own link about the President’s oath doesn’t say, “He can close any department at will.” The decision in Curling doesn’t give him that power either. DOGE is literally just a made-up White House office, not an all-powerful body. The Constitution and existing laws are crystal clear: creating or abolishing departments isn’t up to the President alone; only Congress can do that. If Trump or Musk tries it anyway, they’re gonna get slapped down in court. That’s exactly what’s happening with these lawsuits, and that’s exactly how the system is supposed to work in our democratic constitutional republic, not monarchy.
So no, the President does not have a blank check or some magical “license” to blow up entire agencies established by Congress. If you want agencies eliminated, you need an act of Congress. That’s not me being “anti-Trump” or “anti-Musk”; that’s just the damn Constitution doing its job.
