Today is August 25, 2022. I first published this piece in November of 2016. In light of Joe Biden’s latest “executive order” regarding student loans, I felt that it was time to revisit this topic.
Have you ever read the Constitution of the United States of America? Perhaps you have. Or at least portions of it. Maybe a better question would be, have you recently read the Constitution of the United States of America? If not, may I issue a challenge? Read it. A slow reader can manage the entire Constitution of the United States of America in thirty minutes time. The wording is straight forward and easy to understand. When I read the Constitution in it’s entirety, I am impressed both with it’s simplicity and the limitations the Constitution places upon the Federal Government. Now, when most of us think of limitations, we think of rule books that contain a list of specific behaviors that are forbidden, followed by very specific punishments for any offenses. The end result being very lengthy documents that have to be continually referenced because no one can remember the crimes, nor the punishments. If you don’t believe me, may I refer you to any local, public school district. There you will find any number of handbooks separately governing the behavior of elementary school students, middle school students, high school students, certified personnel, and classified personnel. Each group is required by law to have a separate rulebook with specific punishments, and in many cases broken down for the first offense, the second offense, the third offense, and on and on. Apparently, many believe the Constitution to be such a document. It’s not.
I’m continually amazed by the sheer numbers of acquaintances who feel the Constitution is a tremendously lengthy and boring. Many feel it’s a continually changing document that is impossible to understand without a law degree. My friends, the Constitution of these United States of America is not long. It is not boring. The Constitution does not contain words that require constant referral to a dictionary to understand. The Constitution does contain phrasing that would require a law degree to interpret. The Constitution is not a rulebook.
First, I do not consider myself overly intelligent, yet I feel the Constitution is easily read and understood. I am of average intelligence, at best. Most folks are. The framers of the Constitution wished the Constitution to be simple and easily understood. Secondly, I don’t claim to be highly educated. I feel that anyone who can read, and understand plain English to be an educated person. Can you do that? If so, you my friend, are capable of both reading the Constitution in a reasonable amount of time and understanding what you have read. So, read it. Our unique country and wonderful way of life is in jeopardy because too many Americans believe the Constitution to be over their heads. The Constitution is not a rulebook. It is not full of legal terms. It is a short, simple, and a concise document that limits the powers of the federal government of the United States of America by specifically stating what each branch of the government is allowed to do, and by pitting the braches of the government against each other so that wholesale changes to the law of the land are difficult at best.
Do you agree with the many protests to the results of the 2016 Presidential Election? To those whom are truly protesting, I ask, “What do you think the President of the United States is allowed to do”? What powers do you believe this office of President has”? Contrary to the practices of the current resident of the White House, I would like to point out that the President of this country is not a dictator who rules through force, nor is the President of America a King who rules by decree. To those who may now wish to point out that President Obama is not the first President to use Executive Orders, let me say, “I know”. That doesn’t make it a legal practice. President Obama’s predecessors should not have been allowed to use Executive Orders either. The purpose of the Constitution of the United States of America is to limit not only the powers of the office of President, but also the powers of the Judicial and Legislative branches of federal Government as well. The powers of the President of the United States of America are very limited. May I now refer you to the Constitution of the United States of America.
Article II of the Constitution is entitled, “Executive Department”. It is in Article II, that the office of the President of the United States of America is defined. Please refer to Section 2, of Article II of the Constitution of the United States of America in the photo above. You can plainly see that the heading to Article II, Section 2 is entitled the “President’s Powers“. Article II, Section 2 in this textbook, ends on this very page, page 760. This is an exact, word for word copy of the Constitution of the United States of America. In this particular textbook, page 761 begins the “President’s Duties”. If you don’t believe me, locate your own copy. Yes this text is fifty years old, but guess what. Nothing has been added, nothing has been removed from Article II, Section 2, the Presidents Powers during these prior fifty years, nor the prior two hundred fifty years for that matter. The President’s Powers are covered in three paragraphs. That’s right, three paragraphs. I can not find Executive Orders anywhere within these three paragraphs. The powers of the President of the United States of America are very limited. This is not a situation where the President is able to do anything the Constitution does not specifically forbid. The Constitution is not a rulebook. The Constitution is a simple document that states that the President of the United States of America has a few specific functions, and that any action the President takes outside of the boundaries provided by these three paragraphs is not legal and therefore not binding. And I, for one, love the Constitution of the United States of America, and the freedoms it grants to American Citizens.