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**tinamasak** · 04-18-2011, 01:18 PM

Those provisions aren't the law if they are indeed unconstitutional. Unconstitutional enactments are void ab initio (on their face) and never have the effect of law. It's the judiciary that must ultimately decide that fact, however.

In which case theyre legally constitutional till someone with the authority says otherwise. The constitution does not give power to the President to nullify laws passed by congress (and himself in this case). The constitution even specifically says they can make laws about the executive.

Congress shall have the power...To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Since the Constitution doesnt say anything about the president creating positions, the congress can make whatever laws they want creating or prohibiting positions.

04-18-2011, 01:18 PM	#21
tinamasak Join Date Nov 2005 Posts 511 Senior Member	Those provisions aren't the law if they are indeed unconstitutional. Unconstitutional enactments are void ab initio (on their face) and never have the effect of law. It's the judiciary that must ultimately decide that fact, however. In which case theyre legally constitutional till someone with the authority says otherwise. The constitution does not give power to the President to nullify laws passed by congress (and himself in this case). The constitution even specifically says they can make laws about the executive. Congress shall have the power...To make all Laws which shall be necessary and proper for carrying into Execution the foregoing Powers, and all other Powers vested by this Constitution in the Government of the United States, or in any Department or Officer thereof. Since the Constitution doesnt say anything about the president creating positions, the congress can make whatever laws they want creating or prohibiting positions.
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