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Governance By Executive Order - - A Bad, Bad, Choice

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President Obama has used a strategy of depicting himself as a frustrated executive confronting inaction from Congress, particularly in the GOP-controlled House. His reliance solely on his executive powers, “for the good of the People", has been called his “pen and phone” strategy. He presents it as ingenuity in working around the Congress. BUT it also highlights his unwillingness to work with Congress as per the co-equal branches of government prescribed by our Constitution. Moreover, the Constitution charges the President with an enforcement role in law-making, while establishing the Congress as the creator of our Laws. Fundamental governance problems are asserted in this article and solutions are proposed for Citizens to support the Constitution.

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Page 1: Governance By Executive Order - - A Bad, Bad, Choice
Page 2: Governance By Executive Order - - A Bad, Bad, Choice

SEC #3- SUMMARIZING SOME KEY ISSUES! -This summary note is constructed using the info in Sections #1 & #2

I. America Is Not Free if Executive Orders Usurp Laws by Congress. This is the Action of a Tyrant And/Or Political Disregard of the Citizens He Serves.

II. The "Anti-Deficiency Act Precludes Executive Spending Without Congressional Appropriation

III. A GAO Opinion Says the Bowe Bergdahl / Terrorist Exchange Without Proper Coordination With Congress, Violated the Law. This is Only One Example of Many Such Executive Usurpations.

IV. The President's Claim That He "Has a Pen & Phone" Is Recklessly Arrogant And Is A Gross Overreach of Executive Power

V. The President's Executive Order Regarding Immigration Law Modifications Directly Flouts Citizen Will, As Expressed by Votes of Their Congress and Public Polls of themselves. There is much to Repair Re Our Immigration Laws - - But That Is a Subordinate Issue. Congress and the Courts, by Allowing This To Go Unchallenged, Directly Violate Their Sworn Oath of Office To Protect The Constitution, a Highly Serious Matter In Itself.

VI. All True Citizens Must Strongly Reprimand AND, Unfailingly,Subsequently Vote From Office Any Government Officeholder Who Violates His/Her Oath Of Office.

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President Obama has adopted a strategy of pronouncing himself as an exasperated executive confronting inaction from Congress, particularly in the GOP-controlled House. His reliance solely on his executive powers, “for the good of the People", is called his “pen and phone” strategy. It is intended to exhibit his ingenuity in working around the Congress. BUT it also highlights his unwillingness to work with Congress as per the co-equal branches of government prescribed by our Constitution. Moreover, the Constitution charges the President with an enforcement role in law-making, while establishing the Congress as the creator of our Laws.

White House attorney and Counselor to the President, John Podesta, has long urged President Obama to use his executive authority to bypass Congress. Podesta co-authored a treatise on Presidential authority in 2010 for the Center for American Progress. “The upshot: Congressional gridlock does not mean the federal government stands still,” Podesta wrote. “This administration has a similar opportunity to use available Executive authorities while also working with Congress where possible.” But, this eclipses the wisdom of the Constitution, which was constructed to keep the Citizens involved in the making of laws by giving them access to Congress and State Representatives, chosen by the People - - NOT the President.

With today’s population of 300 million+ Citizens, expecting the President to truly reflect Citizen thought and interests is like hoping that any given Citizen could communicate his concerns to the President as he flies over their precinctat 35,000 feet in Air Force 1. Zero wisdom in that concept - - High wisdom in the American Constitution.

SEC #1- OVERVIEW - - TOWARD BETTER GOVERNANCE

Page 5: Governance By Executive Order - - A Bad, Bad, Choice

The Chief Executive has shown, through many examples, his disdain for our Constitution and its careful "balance of powers" between government Branches. The case of the prisoner exchange involving American soldier, Bowe Bergdahl and 5 terrorists held at Guantanamo Base is one.

According to a review by the nonpartisan Government

Accountability Office, the Obama administration broke the law when

it traded 5 Taliban commanders for captured U.S. soldier, Bowe

Bergdahl without giving Congress the required 30 days notice. The

GAO released its opinion in mid-August 2014, saying the Defense

Department violated the Defense Appropriations Act by failing to

inform lawmakers about its plan to transfer prisoners from

Guantanamo Bay - - in a controversial deal to secure the release of

Army Sgt. Bowe Bergdahl.

The report also said that the Pentagon ran afoul of the law by

funding the prisoner swap with money not intended for that

purpose. The Antideficiency Act prohibits agencies from spending

Congressional appropriations on unauthorized activities. The Army

is trying to determine whether to charge Bergdahl for deserting his

post or going AWOL, both of which are

crimes under military law. Bergdahl

went missing from his patrol base in

Afganistan in 2009, and Taliban

militants held him in captivity for 5

years. He was released in May 2014 as

part of the prisoner exchange. (cont'd )

SEC #1- OVERREACH EXAMPLE #A: BOWE BERGDAHL CASE

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A heated political debate ensued after the Nation learned that the Obama Administration had swapped 5 of

the most dangerous Taliban terrorist commanders for deserter and Muslim-convert, Bowe Bergdahl. More

recently, a ransom payment by the U.S. was disclosed by Rep. Duncan Hunter in a Nov. 5, 2014 letter to

Defense Secretary Chuck Hagel. Rep. Hunter stated in the letter that Joint Special Operations Command made

the payment covertly as part of a release deal. Moreover, the money was then stolen by the Afghan

intermediary claiming to represent the Haqqani terrorist network. Often, covertness is its own enemy.

A poll in August 2014 revealed that nearly two-thirds of Americans did not believe that our government

should offer ransom to Terrorists in exchange for hostages. Many experts believe that this type of behavior

only encourages Terrorists to engage in more kidnappings, as the hostage money they receive could go to

fund future terrorism, which then puts our current deployed Soldiers at a greater risk for capture.

All in all, this whole incident leaves a bad taste in Citizen’s mouths and illustrates again, why the Constitution

is correct in delegating law-making to the Congress, where multiple minds can discuss such issues on equal

terms with their fellow Congressman. This is in stark contrast, where one sole person, the President, stands

atop the Executive Branch and has dialog principally with underlings. Granted, the President is Commander

in Chief, which in time of Military conflict rquires an intact chain of command. But here the question relates to

a political issue of whether captured Terrorists, suspected of being aligned with the 9/11 attack, should be

released or exchanged for an American who had deserted his military assignment. This is a matter that

rightfully should be resolved with the coordinated rigor of our governing institutions that interact most closely

with the Citizens of our Nation.

SEC #1- OVERREACH EXAMPLE #A: BOWE BERGDAHL CASE

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A President who simply

disregards the Law to

advance his own agenda

is not performing his job

according to his oath of

office. This is a gross

violation of our

Constitution, which at

root, is every Citizen’s

ultimate protection of his

rights.

No PRESIDENT shall have the power to create his own laws. No CONGRESS or any COURT shall sit by, timidly, and permit overreach by any other Branch of Government.The CITIZENS MUST HOLD ALL GOVERNMENT OFFICIALS TO THEIR SWORN OATH TO PROTECT AND DEFEND THE CITIZENS' CONSTITUTION.

SEC #1- OVERREACH EXAMPLE #A: BOWE BERGDAHL CASE

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The President’s 15 minute speech on his 11/20/2014 Executive Order

was delivered with feeling, but immediately ran into a number of strong

criticisms. We’ll summarize here a few aspects of President Obama’s

speech regarding his Executive action on immigration. Some astute

aspects are noted from References 2,3,4 by Charles Krauthammer,

Judge Andrew Napolitano and Senator Jeff Sessions. The criticisms

included the following challenges:

i. This Executive action is strongly politically motivated by a need to recover from the setbacks of the Nov 4 mid-term election and to re-energize his supporters in his belief that relaxing efforts to deport illegal immigrants is good for the Nation. Unstated was that the effort to bring more unauthorzed immigrants into the fold, could help bring more votes to the Democrats in 2016. Some critics likened the action to a PR offensive to extend a continued invitation for non-Citizens to illegally join in America’s bounty.

ii. Charles Krauthammer compared the crossing of our borders with a gigantic neon sign on the Rio Grande saying: conditions will continue to be ripe for illegals from Central American and other people around the world, that (1) if you wait in line and you apply for legal immigration, you’re a sap; (2) if you come here illegally, have children, then eventually you will be legalized. Krauthammer specifically added: “I would not oppose this if we were going to be serious about shutting the border".

iii. Senator Jeff Sessions observed that the President implied that the American people were angry at immigrants and held ill will toward them. Despite these Presidential claims, polls show the American people are open to a so called “pathway to citizenship”, if and when the border is secured first.

(See following chart)

SEC #1- OVERREACH EXAMPLE #B: IMMIGRATION EXEC. ORDERAspect #1 - The President's Message and Resulting Citizen Discomfort

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SEC #1- OVERREACH EXAMPLE #B: IMMIGRATION EXEC. ORDERAspect #1 - The President's Message and Resulting Citizen Discomfort

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iv. Mr. Krauthammer found the President's audacity rather remarkable. “He (Obama) tells us at the end in that little oration that we heard that “I have to explain why I feel so strongly about this issue”. The President then invoked scripture to support his Executive order. But If he felt so strongly about the issue why did he do nothing about this in 2009 and 2010 when he had control of the White House and the full Congress and he could actually have done this Constitutionally by passing legislation.

v. Many Citizens voiced support for legalization of the “11 million” illegal immigrants for some of the reasons that the President had spoken of. We are a generous, a great Nation and we don't want to see people “living in the shadows”. But, only if the country can be assured that illegal influx and flouting of our laws is firmly and legally stopped. Otherwise, they think that this Executive order actually is an invitation for anybody to come across the border and to know that ultimately they will be legalized.

vi. Bill O'REILLY, interviewing Mr. Krauthammer asked: The President seems to have convinced himself that the border is secure, citing statistics that deportations and the amount of people crossing into America are low. And you say?

• KRAUTHAMMER replied: “He convinces himself of a lot of things. And this is one of them. But, the deportation numbers are completely distortedbecause up until Obama, the deportations that were counted were those from within the country." Adding, but they changed the recording system, and anybody who today comes across is now counted as "deported" so the numbers are inflated. And we all know of the decline in the river of illegal immigration over the last several years because of the recession. And as the economy recovers, we're going to have the crisis that we had this summer over and over.

SEC #1- OVERREACH EXAMPLE #B: IMMIGRATION EXEC. ORDERAspect #1 - The President's Message and Resulting Citizen Discomfort

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vii. JUDGE ANDREW NAPOLITANO, on FOX NEWS: “The President's power is profoundly unconstitutional, profoundly unconstitutional. Here's why. The President has this power called “prosecutorial discretion”. Basically it lets him ratchet up or ratchet down what Law Enforcement is going to do. So the President says to the Justice Department and DHS: ratchet down the deportations. Yes, Ronald Reagan did that. He (Obama, also) can do that for a class of people, a small class of people, 100,000 here, 100,000 there. But when he does it for half the foreign nationals (millions) who are in this country illegally, the practical effect of that is not just nullifying their deportations, it's nullifying the law. It's rewriting the law.

viii. To that Charles Krauthammer added: “I think if it ends up in the courts, the courts will rule strongly against the President because otherwise any President can rewrite any law at any time by saying "I waited long enough. I'm tired of waiting. Do what I tell you, or I will enact a new law myself."

Of course, Constitutionality becomes an

immediate question. Even more so, when

many polls show significant public sentiment

in opposition to the President's thoughts and

his unilateral handling of immigration status.

SEC #1- OVERREACH EXAMPLE #B: IMMIGRATION EXEC. ORDERAspect #1 - The President's Message and Resulting Citizen Discomfort

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CURRENT FLAWS IN THE IMMIGRATION PROCESS:• The disconnect between Federal and State responsibilities and failure to recognize

legitimate State needs• Executive Orders to DHS / ICE that preclude law enforcement• Failing to work more aggressively with Nations which do not crack down on criminal

transport of illegals to the U.S.• Inadequate technology to detect fraudulent paperwork and lack of proper fee charges• Unenforced penalties against businesses hiring illegal immigrant workers• Uncontrolled releases of those apprehended who never show up for Court• Inadequate data assessment and follow-up of immigration interceptions, rejections,

deportations and unauthorized extended stays - - yielding increasing illegals.• Using “prosecutorial discretion” to protect large groups of unlawful immigrants• Failure to reconcile immigration statistics vs census data, leading to unexplained

differences

IS OUR IMMIGRATION SYSTEM IN NEED OF SOME SERIOUS REPAIR? YES, INDEED!

BUT MOST CITIZENS SEE THE REPAIR AS HANDLING ALL IMMIGRATION WITH STRICT,

CAREFUL PROCEDURES THAT WELCOME THOSE WHO MEET CERTAIN CRITERIA, COMPATIBLE

WITH NATIONAL AIMS - - NOT SIMPLY OPENING THE BORDERS TO THOSE WITH

QUESTIONABLE OR UNKNOWN BACKGROUNDS.

SEC #1- OVERREACH EXAMPLE #B: IMMIGRATION EXEC. ORDERAspect #1 - The President's Message and Resulting Citizen Discomfort

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In his message, the President, as often, appealed to hearts, not heads. After six years of not acting—five of which he didn’t even try—the President looked at the adverse results of the Nov 4, 2014 election in which his "policies were on the ballot, every one of them", and then acted deliberately in contrast to the will ofthe people, as expressed in that vote.

BUT DOES THE NOV 20 EXECUTIVE ORDER DELIVER AN

IMMIGRATION SYSTEM REFORM OF THE TYPE AMERICANS HAVE

EXPRESSED THEMSELVES IN SYMPATHY WITH? HARDLY!

Moreover, he failed to note one of the major reasons that the GOP and many others have not supported the Obama immigration proposals: they fail to include a credible border protection provision - - which means to many:

THE CURRENT OUT-OF-CONTROL SITUATION WILL SIMPLYGROW WORSE.

SEC #1- OVERREACH EXAMPLE #B: IMMIGRATION EXEC. ORDERAspect #1 - The President's Message and Resulting Citizen Discomfort

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The 9 FLAWS enumerated in chart # 12 are each in themselves important evidence of repairs

needed to our immigration laws and deserve Citizen attention. But while these affect jobs, gov't

funding, and permit abusive behavior, these are not the fundamental aspects of the problem.

The smooth and fair operation of our governance requires straightening out some truly

foundational process dysfunctions - - namely much more rigorous observance of our

Constitution. It is this latter aspect that is focused on next.

SEC #1- OVERREACH EXAMPLE #B: IMMIGRATION EXEC. ORDERAspect #1 - The President's Message and Resulting Citizen Discomfort

Nevertheless, it might be appropriate to make

note of at least one economic issue that is

related to the current lesser, but not to be

ignored, consequences of such immigration

flaws e.g.: the fairness of permitting illegal

immigrants to undercut fuller employment by

many existing Citizens. The adjacent chart

illustrates the point that since 2008, about

10% of current Citizens have had to accept

employment at levels less than the desired,

full work week.

How is this fair to existing Citizens or those

who've entered America in the lawful manner?

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SEC #2- PRESIDENT'S #1 OVERREACH ISSUE: CONSTITUTIONALITY!

The current law says if you come here illegally you aren't allowed to stay, and aren't allowed to work. In fact, the prohibition on work is so strong that if anybody hires an illegal alien, the State will punish the person who hires them. But now, our President issues an order to allow those here illegally to work! It's the complete rewriting of the Congressionally –passed law. The Citizens must demand action from the Courts, otherwise any President can rewrite any law at any time by saying "I waited long enough. I must now take action. Do what I tell you, or I will administer a new law myself." Napoleon himself couldn’t have said it more arrogantly.

Senator Ted Cruz (R-TX) offered these thoughts. What President Obama is doing is defying both the Law and the Constitution. The Nov 4, 2014 election was a referendum on amnesty. And the American people overwhelmingly rose up and said, no, we don't want lawless amnesty. With the President going forward on this, the President is unilaterally defying the Congress, elected by the people, and defying the American voters. Thus it is incumbent on Republicans in Congress (and the Citizens) to use every single Constitutional tool we have to defend the Rule Of Law. And to reign in a President imposing his own policies in defiance of the American people and the Constitution - - itself so carefully crafted by our Founders in 1789, after their revolution against the despotic King George.

Let's also keep in mind 2 major issues of the November election: (1) Obamacare and, (2) Immigration Amnesty. The GOP largely ran in opposition to both. And Democratic Candidates lost their Senate bids to the GOP. That is, many of the President’s supporters were voted out of office by the Citizens.

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The President’s actions suggest that it is no longer via our elected lawmakers OR our votes on Election Day that the Laws of our Nation are decided. Instead, President Obama has now set the precedent that Presidents can create laws on theirown. They can bypass Congress and bypass the people. This action cannot be allowed to stand.

The root issue is NOT (a) that the Chief Executive’s action legalizes millions of people here illegally, which is unfair to those waiting lawfully in line and trying to enter the country legally, or (b) because it will be very costly to taxpayers, or (c) because it will encourage a new wave of immigrants to cross the still unsecured border. These are all true - - BUT:

THE #1 REASON CONGRESS MUST REVERSE THE PRESIDENT’S MOVE IS BECAUSE IT FUNDAMENTALLY CHANGES OUR FORM OF GOVERNMENT AND THE ABILITY OF WE THE PEOPLE TO DECIDE THE LAWS OF THE LAND. THE PRESIDENT CLAIMS HE IS NOT AN “EMPEROR” BUT, IN RESPECT TO OUR CONSTITUTION, HE IS NO DIFFERENT THAN A TYRANT LIKE NAPOLEON, WHEN HE "CREATES" A LAW CONGRESS HAD REFUSED TO PASS. AMERICA'SFREEDOM REQUIRES PROPER COORDINATION BETWEEN THE EXECUTIVE AND CONGRESS.

(see next chart)

SEC #2- PRESIDENT'S #1 OVERREACH ISSUE: CONSTITUTIONALITY!

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OVERREACH EXAMPLE #B: IMMIGRATION EXECUTIVE ORDER

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SEC #3- SUMMARIZING SOME KEY ISSUES!

In Section 3 here, we now summarize some of the issues that have been covered

in the course of the prior general discussion and from insights gained by

examining the 2 specific, selected examples of Executive overreach.

A short version of these issues was presented in the initial introduction of this

article and is repeated in the following chart for convenience. Importantly, a

fuller summary of issues is discussed here and then correlated in Section 4 with

a discussion of proposed solutions to suitably resolve these issues.

Moreover, the argument has been made that the issues and solutions are critical to some very key Foundations of America's governance and the continued benefits of Freedom and Prosperity which have been the result of adhering to the Constitution as bequeathed by our Founders. Accordingly, the solutions proposed in section 4 must be equally fundamental and seek, by Constitutional Amendment, to clarify and strengthen Some Constitutional vagaries that have been allowed to creep into our Laws in recent decades.

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SEC #3- SUMMARIZING SOME KEY ISSUES! -short version (see full version, charts # 22 & 23)

I. America Is Not Free if Executive Orders Usurp Laws by Congress. This is the Action of a Tyrant And/Or Political Disregard of the Citizens He Serves.

II. The "Anti-Deficiency Act Precludes Executive Spending Without Congressional Appropriation

III. A GAO Opinion Says the Bowe Bergdahl / Terrorist Exchange Without Proper Coordination With Congress, Violated the Law. This is Only One Example of Many Such Executive Usurpations.

IV. The President's Claim That He "Has a Pen & Phone" Is Recklessly Arrogant And Is A Gross Overreach of Executive Power

V. The President's Executive Order Regarding Immigration Law Modifications Directly Flouts Citizen Will, As Expressed by Votes of Their Congress and Public Polls of themselves. There is much to Repair Re Our Immigration Laws - - But That Is a Subordinate Issue. Congress and the Courts, by Allowing This To Go Unchallenged, Directly Violate Their Sworn Oath of Office To Protect The Constitution, a Highly Serious Matter In Itself.

VI. All True Citizens Must Strongly Reprimand AND, Unfailingly,Subsequently Vote From Office Any Government Officeholder Who Violates His/Her Oath Of Office.

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I. 1

.

America Is Not Free if Executive Orders Usurp Laws by Congress.

This is the Action of a Tyrant And/Or Political Disregard of the

Citizens the Executive Serves.

II. 2

.

The "Anti-Deficiency Act” Precludes Executive Spending Without

Congressional Appropriation (a beneficial issue – but apparently not

much in vogue)

III. 3A GAO Opinion Says the Bowe Bergdahl / Terrorist Exchange Without

Proper Coordination With Congress, Violated the Law. This is Only

One Example of Many Such Executive Usurpations.

IV. 4The President's Claim That He "Has a Pen & Phone" Is Recklessly

Arrogant And Is A Gross Overreach of Executive Power.

SEC #3- SUMMARIZING SOME OF THE KEY 6 ISSUES!

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V. a

.

The President's Executive Order Regarding Immigration Law

Modifications Directly Flouts Citizen Will, As Expressed by Votes of

Their Congress and Public Polls of the Citizens themselves. There is

much to Repair Re Our Immigration Laws - - But many of those, while

important to fix, remain Subordinate Issues.

There are 2 fundamental points: (1) An uncontrolled border is a huge

hole in the Government’s #1 job: Protect Citizen Safety, (2) Congress

and the Courts, by Allowing Executive Branch Usurpation of Power To

Go Unchallenged, Directly Violate Their Sworn Oath of Office To

Protect The Constitution, a Highly Serious Matter In Itself.

VI. 2

.

All True Citizens Must Strongly Reprimand AND, Unfailingly,

Subsequently Vote From Office Any Government Officeholder Who

Violates His/Her Oath Of Office.

SEC #3- SUMMARIZING SOME OF THE KEY 6 ISSUES!

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SEC #4- PROPOSED SOLUTIONS

In Section 4 here, we now propose solutions to the issues that have been covered in the course of the prior general discussion and summarized in Section 3.

As discussed in Ref 8, in the course of examining other current, major American issues, it has been deemed desirable to structure substantive solutions that would persist beyond the next elected Congress, President or even, Supreme Court. Rather, a path utilizing an Amendment to the Constitution has been selected. This is well within the framework envisioned by the Founders and the paths to such Amendments are clearly stipulated therein.

It was noted in Ref 8, that such Amendments were at an early stage and expected to be modified as additional issues and Reader thoughts were suggested. This has proven to be the case with the present analysis. Accordingly, some of the issues noted herein are already covered by the previous Amendment formulations; but also, some new provisions were found desirable in light of the Executive overreach described here. The results of this are noted in the 6 following charts, which correlate the 6 issues raised here with prior or new solutions/Amendments as the case may be. As always, further reader insights are cordially invited.

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CURRENT SPECIFIC 6

ISSUES

FIXING GOV’T. DYSFUNCTION

CONSTITUTIONAL AMENDMENTS

I. America Is Not Free if Executive Orders Usurp Laws by Congress. This is the Action of a Tyrant And/Or Political Disregard of the Citizens An elected Ruler is to serve.

All Executive Orders Issued By The President, if having Impact On More than 1000 Citizens beyond the direct employees of any Federal Department, shall be considered to be Legislation and require the approval of, and funding authorization by, Congress, in the same manner as any Legislation initiated by Congress. In the absence of duly-authorized Congressional approval, No Citizen compliance shall be requested, nor required of any Citizen.

This Dysfunction fix shall be added to Proposed Amendment #2 of Ref 8:

All Executive Orders Issued By The President, if having Impact On More than 1000 Citizens beyond the direct employees of any Federal Department, shall be considered to be Legislation and require the approval of, and funding authorization by, Congress, in the same manner as any Legislation initiated by Congress. In the absence of Congressional approval, No Citizen compliance shall be requested, nor required of any Citizen.

SEC #4 - PROPOSED SOLUTIONS - ISSUE I

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CURRENT SPECIFIC 6

ISSUES

FIXING GOV’T. DYSFUNCTION

CONSTITUTIONAL AMENDMENTS

II. The "Anti-Deficiency Act” Precludes Executive Spending Without Congressional Appropriation (a beneficial issue – but apparently not utilized)

This is covered by the wording for Item I.

No Additional Provisions are required beyond that of item I, above.

SEC #4 - PROPOSED SOLUTIONS - ISSUE II

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CURRENT SPECIFIC 6

ISSUES

FIXING GOV’T. DYSFUNCTION

CONSTITUTIONAL AMENDMENTS

III. A GAO Opinion Says the Bowe Bergdahl / Terrorist Exchange Without Proper Coordination With Congress, Violated the Law. This is Only One Example of Many Such Executive Usurpations.

An additional provision shall be added to Amendment #10 of Ref 8 to include the effect of Prisoner of War exchanges between the United States and any other Nation.

This Dysfunction fix shall be added to Part a. of Proposed Amendment #10 ofRef 8, so it shall now read:

Any known and significant threats to: (i) the

lives of more than 50 American citizens

(specifically excepting those as may be

determined as of totally accidental cause

and limited to a single American county)

and/or (ii) any one or more American

servicemen captured by a foreign military

or terrorist entity - - as identified to either

the leader of the U.S. House or Senate, shall be cause for… (continue with the rest of the Amendment).

SEC #4 - PROPOSED SOLUTIONS - ISSUE III

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CURRENT SPECIFIC 6

ISSUES

FIXING GOV’T. DYSFUNCTION

CONSTITUTIONAL AMENDMENTS

IV. The President's Claim That He "Has a Pen & Phone" Is Recklessly Arrogant And Is A Gross Overreach of Executive Power.

The Constitution should be clarified to assure that such Executive overreach is totally impermissible. Two specific approaches suggested by Sen. Ted Cruz are: (1) Congress must zero out all funding for any Executive order deemed an overreach of power (2) Congress must use it’s Constitutional powers for checks and balances over the Executive Branch (e.g., withhold all Presidential appointment requests, until the Power Balance is restored).

Already covered under the existing U.S. Constitution and/or Proposed Amendment #1 of Ref 8.

SEC #4 - PROPOSED SOLUTIONS - ISSUE IV

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CURRENT SPECIFIC 6 ISSUESFIXING GOV’T. DYSFUNCTION

CONSTITUTIONAL AMENDMENTS

V. The President's Executive Order Regarding Immigration Law Modifications Directly Flouts Citizen Will, As Expressed by Votes of Their Congress and Public Polls of themselves. There is much to Repair Re Our Immigration Laws - - But many of those, while important to fix, remain Subordinate Issues.

There are 2 fundamental points: (1) An uncontrolled border is a huge hole in the Government’s #1 job: Protect Citizen Safety, (2) Congress and the Courts, by Allowing Executive Branch Usurpation of Power To Go Unchallenged, Directly Violate Their Sworn Oath of Office To Protect The Constitution, a Highly Serious Matter In Itself.

The flaws identified herein in chart # 12, should be addressed by Citizen groups making their strong feelings known to their Congressional Representatives. The underlying root Cause of Executive overreach is to be dealt with by fundamental Amendment to clarify Constitutional intent.

The safety implications of today’s uncontrolled border will be covered by the Citizen safety enhancements already covered under Part a of Proposed Amendment #10 of Ref 8.

• Covered under Proposed Amendments #9 & #10 of Ref 10• This Dysfunction fix shall be added to Proposed Amendment #9 of Ref 8 as described herein under ISSUE VI, below.

SEC #4 - PROPOSED SOLUTIONS - ISSUE V

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CURRENT SPECIFIC 6

ISSUES

FIXING GOV’T. DYSFUNCTION

CONSTITUTIONAL AMENDMENTS

VI. All True Citizens

Must Strongly

Reprimand AND,

Unfailingly,

Subsequently Vote

From Office Any

Government

Officeholder Who

Violates His/Her Oath

Of Office.

The Oath of Office of Every Elected

or Appointed Government official

serving the Citizens must be taken

extremely seriously by both the

Citizenry and every Officeholder. It

is a basic safeguard of our

Freedom. Violation should be cause

for legally initiating a suitable

mechanism to remove the violator

from office.

• Under the Construct of a Citizens’ Oversight Panel (C.O.P.) of Proposed Amendment #9 of Ref 8, the following Dysfunction fix shall be added:

The C.O.P. shall specifically respond

to any duly authorized Citizens’

complaint regarding any Elected or

Appointed Government worker

violating his Oath of Office. It shall

then coordinate the effort to impeach

or vote the offending violator from

office.

SEC #4 - PROPOSED SOLUTIONS - ISSUE VI

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AMERICA'S CONSTITUTION IS THE STRONG WALL

THAT PROTECTS CITIZEN'S RIGHTS AND FREEDOMS.

ALL CITZENS MUST PROTECT THAT WALL!

"I'VE GOT A PEN

AND I'VE GOT A

PHONE"

CONCLUDING THOUGHT

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REFERENCES

"A 10-STEP PLAN TO SAVE AMERICA'S IMMIGRATION SYSTEM", David Inserra, November 23,

2014

I N T E R V I E W S - "CHARLES KRAUTHAMMER REACTS TO THE PRESIDENT'S REMARKS"

"The O'Reilly Factor," November 20, 2014.

"ALLSTAR PANEL: OBAMA'S ACTION ON IMMIGRATION CONSTITUTIONAL?", Written by Doug

McKelway, November 20, 2014 , Fox News

4 "SEN. JEFF SESSIONS RESPONDS TO PRESIDENT OBAMA’S EXECUTIVE ACTION ON

IMMIGRATION", November 21, 2014·, People's Pundit Daily"

5 "MAGIC PEN AND AN EMPTY SUIT", Derek Hunter, Nov 23, 2014, townhall,com

Special Report #133, "THE FISCAL COST OF UNLAWFUL IMMIGRANTS AND AMNESTY TO THE

U.S. TAXPAYER", May 6, 2013, Robert Rector and Jason Richwine

"CONGRESS MUST CHECK THE POWER OF A PRESIDENT WHO THINKS HE'S A KING",

Genevieve Wood, November 21, 2014, Heritage Foundation

"OUR IVORY-TOWER, BUT EVER-EXPANDING FEDERAL GOVERNMENT", Mark Sussman, Nov 17,

2013http://www.slideshare.net/MarkS181/specl-mbs-ppt-supporting-blog-issues-of-spring-amndmt

I'm very happy to cite the following references which helped provide

much of the historical information developed in this article.

Page 34: Governance By Executive Order - - A Bad, Bad, Choice

THE END

ACTUALLY, IT’S NOT THE END - - YOUR VOICE IS

IMPORTANT TO OUR NATION. CITIZEN INTEREST,

DIALOG AND DATA ARE CRITICAL TO GOOD CIVIC

OUTCOMES. AND THAT INCLUDES OUTCOMES WHICH

SIMPLY ASSURE PROPER CONDITIONS FOR THE FREE

MARKET TO WORK.