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Old 05-01-2012, 06:39 PM   #6
aparneioninny

Join Date
Oct 2005
Posts
486
Senior Member
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This would be a very good time to give an example or twelve. I think you'd find most of his critics find that he oversteps that authority on a regular basis, I find myself among them in many such cases. Libya is a recent example, but hardly the only example of such.
It’s funny you should mention Libya, considering how Thomas Jefferson used Executive Action to fight a war in Libya. The “…to the shores of Tripoli…” portion of the Marine Corps Song refers to Jefferson’s anti-piracy war against Libya. Libya was historically known as Tripolitania. Jefferson didn’t wait for a declaration of war against Libya, but sent the US Navy to take the Libyan pirates on. The result was a draw, we declared victory and came home, and the rest is history. The point is that there are ample examples of most US Presidents using Executive Action instead of waiting for Legislative Action, and it IS legal and Constitutional. as (Constitutional) Professor and (US President) Woodrow Wilson noted: At the least, it is no doubt true that the ''loose and general expressions'' by which the powers and duties of the executive branch are denominated 15 place the President in a position in which “he has the right, in law and conscience, to be as big a man as he can” and in which ''only his capacity will set the limit.'' 16

Footnotes

[Footnote 15] A. Upshur, A Brief Enquiry into the True Nature and Character of Our Federal Government (Petersburg, Va.: 1840), 116.
[Footnote 16] W. Wilson, Constitutional Government in the United States (New York: 1908), 202, 205.
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