November 20, 2019

The Powers of the President

“While there may have been some differences among the Framers as to the precise scope of Executive power in particular areas, there was general agreement about its nature.  Just as the great separation-of-powers theorists – Polybius, Montesquieu, Locke – had, the Framers thought of Executive power as a distinct specie of power. To be sure, Executive power includes the responsibility for carrying into effect the laws passed by the Legislature – that is, applying the general rules to a particular situation. But the Framers understood that Executive power meant more than this.

“It also entailed the power to handle essential sovereign functions – such as the conduct of foreign relations and the prosecution of war – which by their very nature cannot be directed by a pre-existing legal regime but rather demand speed, secrecy, unity of purpose, and prudent judgment to meet contingent circumstances.  They agreed that – due to the very nature of the activities involved, and the kind of decision-making they require – the Constitution generally vested authority over these spheres in the Executive. For example, Jefferson, our first Secretary of State, described the conduct of foreign relations as “Executive altogether,” subject only to the explicit exceptions defined in the Constitution, such as the Senate’s power to ratify Treaties.

“A related, and third aspect of Executive power is the power to address exigent circumstances that demand quick action to protect the well-being of the Nation but on which the law is either silent or inadequate – such as dealing with a plague or natural disaster. This residual power to meet contingency is essentially the federative power discussed by Locke in his Second Treatise.

“And, finally, there are the Executive’s powers of internal management.  These are the powers necessary for the President to superintend and control the Executive function, including the powers necessary to protect the independence of the Executive branch and the confidentiality of its internal deliberations. Some of these powers are express in the Constitution, such as the Appointment power, and others are implicit, such as the Removal power.” (Attorney General Bill Barr)

“Every person must submit to and support the [governing] authorities over him. For there can be no authority in the universe except by God’s appointment, which means that every authority that exists has been instituted by God. So to resist authority is to resist the divine order of God, which results in severe consequences. For civil authorities don’t intimidate those who are doing good, but those who are doing evil. So do what is right and you’ll never need to fear those in authority. They will commend you for your good citizenship.” (Romans 13:1-3; TPT)

Give Him 15 minutes in prayer:

  • Call the three branches of the U. S. government into constitutional order!
  • Read the following excerpts from Attorney General Bill Barr’s statement above as a decree. These are the duties and rights of a U. S. president as granted by the U. S. Constitution:
    • “Executive power includes the responsibility for carrying into effect the laws passed by the Legislature.”
    • “The President has the power to handle essential sovereign functions – such as the conduct of foreign relations and the prosecution of war, which demand speed, secrecy, unity of purpose, and prudent judgment to meet contingent circumstances.”
    • “The President has the power to address circumstances that demand quick action to protect the well-being of the Nation but on which the law is either silent or inadequate – such as dealing with a plague or natural disaster.”
    • “The President is the one to superintend and control the Executive function, including the powers necessary to protect the independence of the Executive branch and the confidentiality of its internal deliberations.”
  • Declare, “Any attempt by legislators who want President Trump removed from office for any reason that is within his right as the President and chief officer of the Executive branch will unravel through the impeachment hearings.”
  • Again today, ask the Lord to use this impeachment process to educate the U. S. citizenry on government, the roles of each branch of government, and the separation of the powers of each branch.

A prayer you can pray:

Lord, we call the three branches of the U. S. government into right order. We say that the powers given each one by the U. S. Constitution are the parameters they must operate within. The legislative branch can hold the president to account, if they operate outside of their constitutional role. So, we remind ourselves of the powers given to the President in the Constitution, as outlined by U. S. Attorney General Bill Barr: “Executive power includes the responsibility for carrying into effect the laws passed by the Legislature. The President has the power to handle essential sovereign functions – such as the conduct of foreign relations and the prosecution of war, which demand speed, secrecy, unity of purpose, and prudent judgment to meet contingent circumstances. The President has the power to address circumstances that demand quick action to protect the well-being of the Nation but on which the law is either silent or inadequate – such as dealing with a plague or natural disaster. The President is the one to superintend and control the Executive function, including the powers necessary to protect the independence of the Executive branch and the confidentiality of its internal deliberations.” Any attempt by legislators who want President Trump removed from office for any reason that is within his right as the President and chief officer of the Executive branch will unravel through the impeachment hearings. Lord, please let these hearings cause the American people to want to learn how our government functions. Highlight the Constitution. Grant us knowledge and the fear of the Lord. Amen.  

Today’s decree:

Let it be known that the Executive power of the President is given for the well-being of the nation!

Learn more here about Attorney General Bill Barr and his speech at the Federalist Society’s 2019 National Lawyers Convention.

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