America: Why Our County Sheriffs Must Be Constitutional Conservatives

by Linda Santucci

With Excerpts Following

From Our American Common Law

Explaining the Power and Authority of the County Sheriff

Socialism is the launching pad to communism. This has been researched and tested in free countries that eventually were overrun by socialists.  We need to be prepared for any situation in today’s world, when someone comes knocking on our citizen doors, saying as President Ronald Reagan put it, “I’m from the government, and I’m here to help you.” 

Members of “The People” or U.S. citizens constitutionally are the very foundation of all that has grown into place above us in the organizational chart, as “our government” at every level across America, our shining City on a hill…. The foundation of our government is represented the image of a pyramid on the dollar bill.  The square base of the stone pyramid represents the foundation of, by, for The People; the government is represented by the stone work built above the foundation, with the all-seeing Eye of God at the apex of the pyramid.

In GOP Primaries and the General Election 2012, many Americans will again unknowingly—put virtual enemies of America into positions of power. Their apparent agenda is to continue the seven decades of the 20^th C. implementation of a planned take-down of America from within our own government. RINOs (Republicans In Name Only) who look good, sound good, tell a very elementary, but pretty picture story in order to be elected to power positions as Republicans. RINOS help carry out the progressive agenda ironically, of the traditional leftist extremists in the Democrat Party with some Independents.  It would be an insightful exercise possibly, to watch Constitutionalist Republicans on the contrary, who unabashedly tell cold, hard facts, give detailed solutions; yet they are bamboozled by the leftist media and politicians of all Parties twisting and lying about Republicans’ words and actions. Then especially, do the research of Constitutionalist differences between candidates before going to the polls.

Electing and re-electing County Sheriffs across our land may be one of the most crucial issues facing us all, right at home in our own neighborhoods. Today there is much required for Americans to know about the Constitution’s rule of America, especially where illegal and unconstitutional issues have been wrongfully implemented into laws that under false premises, Americans might be expected to follow. 

Anyone who is not up to speed on our national history and early American conditions that led to the Declaration of Independence from England in 1776, is liable even inadvertently to elect or re-elect individuals today who are part of the problem and will not become a part of the solution in taking back America to our founding roots. 

The linked World Net Daily article today prompted this discussion topic about our national history and the Constitutional protections of individual citizens under the authority of our County Sheriffs across America:  “Sheriff Joe releasing more on Obama”, saying “I have no intention of resigning”. 

The WND article provides much detailed information concerning certain individuals in Arizona, who have been involved in underhanded tactics intended to thwart and intimidate County Sheriffs of America.  The tactics against Sheriff Arpaio in Arizona may also be part of a plan to further intimidate other American County Sheriffs from using their constituted authority to do what must be done, should conditions require use of their executive power to protect citizens of their counties.  

The activities of the Executive branch against Arizona’s Sheriff Arpaio apparently have been carried on primarily outside the notice and publication of the mainstream media locally and nationally. Below is an introductory comment from the WND article, where I have added italics* to emphasize the final summary statement.  As an elected County Sheriff, Arpaio cannot be removed by another elected county body, which in his case is the “County Board of Supervisors”. Only the Maricopa County Voters can remove Sheriff Arpaio, i.e.:

“Last week, Arizona Republic columnist Laurie Roberts wrote a piece in which she reminded Arpaio of his pledge 20 years ago when he first ran as a candidate for Maricopa County sheriff to serve only one term and turn the office into an appointed post. Arpaio has said that his campaign pledge was a mistake, because if he reported to a political official, he would have been fired 20 years ago and not had the liberty to "do what I felt was right for the people that I serve."

“WND has previously reported that political operative Randy Parraz, a self-described "organizer," has been running a determined campaign to oust Arpaio from office. 

“Parraz, together with a small group of activists operating under Parraz's "newly formed organization, Citizens for a Better Arizona, have unsuccessfully tried to disrupt meetings of the Maricopa County Board of Supervisors to demand the oversight group vote to request Arpaio's resignation.  

“Arpaio, an *elected sheriff, cannot be removed from office by a vote of the county board….”

Again, only The People have the power to elect, re-elect or replace their local County Sheriff, when they elected him in the first place.  This represents an example of the Constitutionalist system of the separation of powers with checks and balances throughout every level of America. The constitutional safeguard of transparent walls functions through the built-in processes of “a separate democracy” democracy in the local city and county regions, and within the State government systems, and through the federal system of separate but equal powers of our three branches of government.  In a phrase, we have a Constitutional nationwide network of jurisdictions with limited power for each system, protecting The People at every point along the way, where decision making occurs by elected representatives and other officials who serve them. When all systems for recourse fail, the problem at some point may be taken up by The People through various means available to them as the foundation of the structure of the systems put into place by government through other than appropriate constitutional processes under the sworn oaths of individuals responsible.

Historically, from the very signing of the Declaration of Independence forward in time to the establishment of the U.S. Constitution, American Law was founded upon what has been known as the “ancient system of Common Law”.  Neither the English Common Law that was in effect in England during the 18^th century, nor the earlier Roman Civil Law prior to the establishment of English Law, are considered to be within the American version of Common Law, which is based upon the Rights of Man. 

The foundational information about this has been explained in a publication entitled Our American Common Law¹, copyrighted 1992-1995 by Delta Spectrum Research. Following the discussion below in this posting, is a section with the high points about our County Sheriffs as explained in Our American Common Law. 

The Constitution of the United States of America, after it was ratified by the first 13 States, became the American Common Law for each State of the Union, in addition to each separate State Constitution that was written. Constitutionally, all laws by Congress and by each State legislature must be consistent with the laws set down in the U.S. Constitution. In any case, American Common Law concerned with the ancient rights of humans on earth is embedded within the text, and thus, is integrated with protections and requirements of the U.S. Constitution.  Protecting the Rights of individuals makes our U.S. Constitution genuinely unique from any other national Constitution on the earth.

¹“Thomas Jefferson placed great emphasis on the concept of Rights.  He said we did not bring the English Common Law, as such, to this continent; we brought the Rights of Man as evidenced through and by the tried and true system of Common Law.”

Why should an American County Sheriff be a “Constitutional Conservative”?  In America, barring any exceptions of Sheriffs being appointed instead of elected, the County Sheriff is an elected office selected by The People of the county where he or she serves.  To ensure the best possible protection of the County Sheriff in all matters of Constitutional Law, the County Sheriff should be vetted concerning his/her understanding of the role as County executive officer in all matters of the law, in the event of any catastrophe.  The Sheriff is not only the go-to person, he or she is fully responsible for citizens' safety and property protection.  Read the below excerpts from Our American Common Law, following the article.

Vetting is as important for the office of County Sheriff as it is for any high elected executive office in America, because the protection of the People is crucial locally, right where they live.  For the safety and protection of lives and private, personal property of The People in his county, the County Sheriff must be fully aware of his or her authority under the law, should challenges be made to his authority, both by people within his jurisdiction and also by individuals from the state and federal government.  Individuals running for the office of County Sheriff may include people who have unconstitutional concepts and intent about their duties and responsibilities, as the County executive officer of the law.  Once in office, who else can be trusted to make the constitutional choices even in the toughest decisions to protect their County citizens? The burden is upon The People to remain vigilant about the political activities of their government officials and for determining which candidates would make the best Constitutionalist County Sheriffs. 

Sheriff Joe Arpaio, of Maricopa County in the region of Phoenix, Arizona, is one person who has demonstrated that he knows the U.S. Constitution and all that it represents for The People under Common Law concerning his duties and powers.  Sheriff Arpaio has the power of the State of Arizona and the authority of the County of Maricopa system of law that are fully integrated with the protections and requirements of his job under the U.S. Constitution.  His power and authority requires the integrity and capacity which he has as an individual American sworn to stand firm against those who have tried many ways to stop him, from false accusations, to intimidation tactics.  Every County Sheriff should be such a Constitutionalist in his or her willingness and intention to function in accordance with the loyalty oaths for the responsibilities of the office.    

Because Sheriff Arpaio knows what his job is about and who he represents as a sworn American for the citizens of his county, the officials and others discussed in the WMD article, who in some way are connected with the Justice Department of the current Executive branch of the federal government, have been unsuccessful in their attempts either to eliminate him from office, or to stop his investigation of Constitutional presidential authority for the Executive office and his staff.  The Sheriff’s life has been threatened personally, as well…. 

Because Arpaio is now a high profile American citizen nationally, doing his job with the utmost duly constituted authority, an entire nation is watching closely.  Those who understand the U.S. Constitution also know the greater significance of all that Arpaio is about as an American County Sheriff.  Indeed, I daresay in these modern times, Joe Arpaio has become a national treasure and an inspiration to all Americans especially who realize that we are under attack by those at every level in America who want to make the U.S. Constitution irrelevant and eventually intend to eliminate Constitutional rule altogether in America.

Sheriff Arpaio’s presidential and congressional investigation is according to and within his Constitutional authority, and it is according to his sworn duty under his personal loyalty Oath to the Constitution.  The investigation is undertaken as a result of receiving signed petitions by Maricopa County citizens. The citizens asked specifically that Sheriff Arpaio investigate the truth of circumstances surrounding all the evidence of ineligibility uncovered. 

Below, quoted with permission of the publisher, from Our American Common Law¹, are the excerpts that help to explain the significance of Common Law as it affects the elected executive office of the American County Sheriff.  To understand more about the Constitutional authority and power of the County Sheriff in America, please study the below information. Think, as you read the material, why it would be the local County Sheriff who all Americans would need to turn to in any event of a foreign attack in our State, or even in the event of a natural disaster.  In any case, the role of the County Sheriff includes protecting county citizens and their property against “all enemies foreign and domestic”.  The below is very simply written and to the point in each section below. 

Remember:  Support your local County Sheriff!  In his or her County, the Sheriff is the highest constitutionally authorized “executive officer” of the law.

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¹County Sheriff as Executive Officer:  From Our American Common Law

¹“In [the multi-volume] American Jurisprudence, on Sheriffs, Police and Constables, we find the following:

‘Origin of Office:  The office of sheriff is an ancient one, dating back to at least the time of Alfred, King of England, and the holder thereof has always been the chief executive officer and conservator of the peace in his shire or county.  He is a county officer representing the executive or administrative power of the state within his county.  In [America], the office is generally an elective one, and anciently in England, sheriffs were elected by freeholders of the county, although gradually, it became the custom for the Crown to appoint the Sheriff.’

¹“Common Law is the Law of The People

“It is the sworn duty of the Sheriff to obey and uphold the Constitution and to protect the property and Rights of the freeborn, Sovereign American individuals of the County.

“County Sheriffs must be advised of the instances where unlawful acts or agencies of government are committed.  It is the duty of the Sheriff to protect the local citizens from such unlawful acts, even when they are committed ‘under color or law’.

“There is no lawful authority for Judges and the Courts to direct the law enforcement activities of a County Sheriff.  The Sheriff is accountable and responsible only to the citizens who are inhabitants of his County. He is under Oath of Office, and need not receive unlawful Orders from Judges or the Courts.  He is responsible to protect citizens, even from unlawful acts of officials of government.  He should not allow his office to be used as an unlawful ‘lackey’ of the Courts or Federal agents or agencies.”

“We Are Our Government

“Since the formation of our Republic, the local County (or Parish) has always been the seat of government for the body politic (The People).  A County (or Parish) government is the highest authority of government in our Republic as it is closest to the body politic (The People) who are, in fact, THE GOVERNMENT.”

“The Common Law of the States is founded and grounded upon substantive titles in real property, and no mere legislative enactment by Congress, State legislature, or County Commissioners.  Neither can judicial ruling by Federal, State or County Courts operate to deprive The People of their Rights at Law, including the Rights inherent in their Allodial Land Title Rights.

“The Constitution of the United States of America, Article III, Section 2, authorizes Courts of Law and Courts of Equity; Judicial Equity is authorized; but nowhere does the Constitution of the United States of America authorize a single bit of either Federal Executive branch of government Equity jurisdiction, or Federal Legislative branch Equity jurisdiction.  In other words, the promulgation and enforcement of Presidential/Congressional/Judicial edicts, dictates, rules, regulations or policies, whether directly or through any Federal agent or agency such as the FBI, CIA, EPA, OSHA, IRS, etc., or with the aid and assistance of State or local lackeys is unauthorized…. Equity administration is in fact theft of Our Rights [protected by the U.S. Constitution] and is a vicious dictatorship by those who exercise it. (Note again: it was 1992-1995 when this was written.)

“….Under the Common Law (Our Constitution), no bureaucrat can dictate what happens to Our liberty or Our property.  The only entity that can determine punishment (pass sentence) upon a freeborn, Sovereign American individual is a lawfully constituted Common Law Jury…. Compelling a freeborn, Sovereign American individual to do anything, except upon the verdict of a Common Law Jury, constitutes an enforcement of the alien and evil Roman Civil Law, and is in fact fascist totalitarianism.

¹ “Thomas Jefferson has been credited with warning how the judicial branch of government would usurp the authority of the Executive and Legislative branches of government and turn the country into a judicial dictatorship.” 

¹“He was right—it has happened.”

It is often referred to as “legislating from the bench,” it is highly unconstitutional, and it is extremely dangerous for the future independent liberty of The People.  It is happening even more today, through the appointments of judicial individuals who have been willing to render decisions according to personal preferences and politics, rather than according to our specific statutes of Constitutional Law, our Common Law as Americans who are inherently protected under the ancient constituted Rights of humans on earth. 

Our Congress branch of government also has been undermined with individuals who are willing to violate Constitutional law in the writing and passing of Bills for the President’s signature making them law.  Now it’s becoming more difficult to determine whether even a U.S. Supreme Court will render a majority vote declaring that an unconstitutional law will not stand.  However, as has been pointed out in “Our American Common Law”, an unconstitutional law is not a law at all.

With God, anything is possible. God Bless America, and give us Constitutionalist County Sheriffs, plus a majority in Congress and an administration in the Executive branch, who also make decisions as American Constitutionalists.

Regarding The Teachable Moment

Analytical Observations and Constitutional Discussion

Secty of State Hillary Clinton's Tunisian Q&A

by Linda Santucci

“Eternal Vigilance is The Price of Liberty” –Thomas Jefferson
           (Ref. John Philpot Curran, 1790 Speech)

I. Introduction
References for Part II
II. Analytical Observations
Discussion of Article II and the People
Text of Article II of the U.S. Constitution
______________________________________________________

I. Introduction, pp. i-ii

The below referenced PJTV article by Barry Rubin points out several issues with the manner in which Secretary of State Hillary Clinton has recently represented the United States government to an audience in Tunisia. 

One outstanding point is abundantly clear, which Rubin points to suggesting Secretary of State Hillary Clinton missed “a teachable moment” during the first week in March 2012 during a Tunisian Q&A.  That is, contrary to her statement quoted below, the President does not represent “all of the United States.” One does not measure the nature of the United States concerning Israel, based upon what a U.S. President says and does, but rather by understanding all points of view and drawing one’s own conclusions.  That is the American way….

The U.S. President is an elected Executive Officer in charge of the Executive Branch of the federal government of the United States.  He is not a King or anything like a King in the U.S. Constitutional Republic.

After the terrible times in medieval Europe, especially over issues of religion before America was colonized beginning in the early 17^th Century particularly, America’s government eventually was established in the late 18^th Century, in order to form a more perfect union of the colonies of people that became separate States after the American Revolution of 1776. America’s Constitution created a unique form of representative government of, by and for The People. The government was designed in a manner where it cannot function apart from The People, due to the built-in checks and balances of the power and responsibilities assigned by the U.S. Constitution, to the three separate branches of government. 

The People, the American citizens, function as the foundation of the government pyramid structure.  The capstone or the top of the pyramid figuratively represents the all-seeing eye of the universe, the greatest power ushering in America’s founding; and the U.S. Government in behalf of a free nation of The People, as defined first in the American Declaration of Independence, is subsequently inspired in one way or other, by the infinite wisdom of the divine intelligence of the universe. Freedom of personal beliefs and the pursuit of happiness were at the top of the list in writing the U.S. government framework outlined within the U.S. Constitution, so that it is ensured that the American system of government cannot function without the role of The People. 

Indeed, the U.S. Constitution was specifically designed under a simple framework for the unique purpose of protecting “the individual citizen” from the tyranny of the few in the government.  The text reflects clearly that the U.S. Constitution tells the government what it can and must do in the ongoing execution of duties under the sworn loyalty oath to the Constitution.  The loyalty oath is required of every elected and appointed official, even as employees of the government.  All State laws must also comply with the requirements and protections of the U.S. Constitution, even under State Sovereignty established by the 10^th Amendment.

The American colonial experience came to an end over issues of taxation without representation in the English government system.  Therefore, in the United States of America, the representatives of The People are the members of the U.S. Congress:  House of Representatives and the Senate.  The U.S. President is in effect the elected chief executive officer, who under Article II is allowed limited power having to do with executing his constitutionally defined duties under a separate authority and power of the Executive Branch, different from members of the other two branches of government, the Congress and Judicial branches.  The People are the foundation of what is America.  Their voice concerning government activities is essential to the American process all the way to Washington D.C. 

Therefore, following is a discussion of the most relevant issues concerning how our American government functions under the U.S. Constitution “of, by, and for The People”. 

________________________________________________

References for Part II

PJTV article by Barry Rubin:  
Hillary Clinton Implies: Pro-Israel Sentiment Doesn’t Reflect America
April 18, 2012   
http://pjmedia.com/barryrubin/2012/04/18/hillary-clinton-implies-pro-israel-sentiment-doesnt-reflect-america/

Tunisia CNS Video:   (Clinton Transcript Included)
Hillary in Tunisia Answering Question About Pandering to 'Zionist Lobbies'
March 6, 2012
http://youtu.be/7j9bRZ0kWMw 

“There are comments made that certainly don’t reflect the United States, don’t reflect our foreign policy, don’t reflect who we are as a people. 

“Secondly, I would say watch what President Obama says and does. He’s our President. He represents all of the United States, and he will be reelected President, so I think that that will be a very clear signal to the entire world as to what our values are and what our President believes. So I think it’s a fair question because I know that – I sometimes am a little surprised that people around the world pay more attention to what is said in our political campaigns than most Americans, say, are paying attention. So I think you have to shut out some of the rhetoric and just focus on what we’re doing and what we stand for, and particularly what our President represents.”

_______________________________________________

II. Analytical Observations, pp. 3-5

A significant Constitutional issue reared its head with Secretary of State Clinton’s concept of American politics, as she expressed it to the Tunisians in a Q&A session in the first week of March 2012. In this viewer’s opinion, Clinton specifically created the impression to her foreign audience that somehow the President has direct, independent sovereignty over The People of America…. She suggests that the opinions expressed by any American candidate for office, or by their supporters, should be dismissed by foreigners as irrelevant. 

In her response (hear the video linked above), she said that “…comments made [by candidates or supporters] don’t reflect the United States, don’t reflect our foreign policy, don’t reflect who we are as a people.”  She further stated, “The President represents all of the United States….  Watch what the President says and does.”  Americans watch what the President says and does, and they know for themselves as citizens, “the meaning of America and who we are as a people”.  Tunisians could have been given a better understanding of Constitutional law in behalf of their growing democracy.  American opinions and intent about Israel are as much a part of the political campaign process, not because the President’s actions signal that for the first time since 1948 when Israel became a nation, our traditional support and defense of Israel has been shelved. 

It is a major issue of international relations in the 2012 election.In our international relations with Israel, where countless American Jews live and travel between our free nations, the President’s words and actions signal that under his leadership we are headed in a direction that is counter to who we are as the American people. The President does not “represent all of America”, on the issue of Israel.  I believe that at the least, even demographic statistics would not indicate that The People of America would sideline Israel and abandon Israelis from taking cues from the President and the Secretary of State.  This is why we have elections and re-elections—and all the discussions and rhetoric that go with the process.

The U.S. President does not have the authority of a King in America because of the overriding, supreme Constitutional Law.  The People elect the U.S. President through the constitutionally defined Electoral Process conducted by the separate, sovereign States, under Article II, Section 1 and further explained under the 10^th Amendment to the Constitution.  The office of the U.S. President holds no divine right to rule arbitrarily, as in past European history. 

The next President of the United States will not be elected until American citizens cast their votes in the General Election on November 6, 2012 in every State of America. How would the Secretary of State be able to declare honestly that this President will be re-elected, as a reassurance to the foreign Tunisians in their erroneous view that it is “Zionists” who politically are behind the support of Israel. Yet, this is where she left it in March.  She did not even hint that their view of a Zionist organization is the sole support in promoting Israel’s right to exist since it was first established after World War II.  Nor did she speak fairly about comments supporting candidates being simply irrelevant rhetoric.

Moreover, regardless of anything Clinton said to Tunisians, they need to realize that the President has limited power throughout all of America, which is very briefly and simply stated in Article II, Section 2 of the U.S. Constitution.  It is a restricted authority that is not a matter of direct power over The People, except as needed in honest, true, national emergencies.

Only Congress in the federal government, officially represents The People of America, no one else.  As representatives of The People, however, Congressional members of the House or the Senate also do not have direct personal power over American citizens Constitutionally. 

That said, Hillary Clinton certainly did not represent The People of America even in behalf of the President, in her response to the Tunisians. Americans are free to speak out about anything under the sun, so long as they conduct themselves lawfully. The Tunisian question in the video of the Q&A given above, concerns the daily unspoken  Palestinian warring upon Israel, and whether Americans “support Israel” in any way. The Tunisian speaking, is further concerned about what the President intends to do at any time “about Israel’s” independent power to defend herself, and continue to exist.

The right to exist as a free nation was endowed internationally in 1948 in behalf of the Jewish people.  That was at least some restitution for them to have a place to call their own, where they could live in freedom, and in security, on their own soil.  That was after the end of World War II’s military defeat of the Nazi faction, who had caused the terrible deaths of millions of Jewish people simply for being Jewish.  That is fact.  Still today, there are a multitude of wrongful issues delivered upon the nation and people of Israel today.  Americans know this largely because of the free speech of the Internet in America, with videos to prove what they know. The primary media news outlets are not reporting the daily attacks across the borders of Israel, killing and maiming innocent citizens of Israel.

In any case, in America, The People’s constitutional rights and protections include an independent choice of free speech and writing; freedom to research, read and hear different ideas about live and living; of the freedom to associate and to assemble with whom one chooses; and especially, the individual citizen’s free choices about religious and other personal beliefs.

The best analogy about the powers of the U.S. President, which comes to mind after studying Article II, Sections 1, 2, and 3, may be this:  The President is at worst, the top go to executive officer nationally and internationally.  At best, a U.S. President inspires America and other free nations by explaining the traditional philosophical, as well as economic and constitutional premises of the plans he has for the benefit of all of America.  A President at best today, also may inspire foreigners concerning why the American Constitutionalist Republic represents the best form of government for an as yet, still imperfect humanity on earth.

In declaring that Obama “represents of all of America” and implying that foreigners should ignore comments as being merely irrelevant, empty campaign rhetoric in search of votes, Clinton ignored that the American people are included, after all, in the Tunisian question of comments made in America about Israel.  Further, she ignored what is stated clearly within our Constitution’s Supreme Law, Article II, which limits and restricts the powers of the U.S. President.  Merely “watching what the President says and does” does not tell foreigners what America “thinks” as a People, and further it does not explain to foreigners the constitutional standing of what a President says and does, even during a presidential campaign for re-election…. Whatever the President says and does may bring a long delayed reaction throughout America, arising from The People through the Congressional Senators and Representatives. More importantly at the election polls in November 2012, The People will give their response, despite any legalities concerning what the President says and does.

Indeed, unchecked unconstitutional rhetoric presented as American principles in words and deeds by elected and appointed officials may be found to be systematic and conducted with unconstitutional intent.  This often occurs through the most subtle, largely unnoticed manipulated methods. Later, Constitutional violations that occur in connection with those words and actions eventually become recognized as substantial threats to the freedoms of American citizens, and more so, a threat to the future of our Constitutional Republic of the United States of America.

Thus, the old saying, “Eternal vigilance is the price of freedom.”  Therefore, it is incumbent upon all American citizens to be informed and to help keep others informed, especially when the news media goes silent on matters affecting the future of America as a free nation. This vigilance is part of the role that is intended for the American people, and we are seeing more of this today perhaps than ever in our history as a nation.  Of course, Secretary Clinton did not take up her teachable moment with the Tunisian question….

Again, every elected official in government is required to publicly give their personal, sworn promise of the loyalty oath of office to the U.S. Constitution: to uphold it, and to protect, defend and preserve it in all actions/words and policies carried out while holding elected office, as true representatives of The People, and as true loyalists to the U.S. Constitution.

In America, elected and appointed officials do NOT swear loyalty oaths to any individual person, including especially the U.S. President of the United States. The loyalty oath is sworn TO the U.S. Constitution.  Whatever was Secretary Clinton’s purpose in making the above quoted statement to the Tunisians, it remains that the Constitutional role of a U.S. President and his executive administration functions as a public trust under the same loyalty oath of all duly sworn federal employees, which includes the Secretary of State and all other staff members of the Executive Branch of the federal government.

III.  Discussion of Article II and The People, pp 6-9

The Executive Branch has power over its own certain specific Departments, whereas the Congress and Judicial Branch have separate powers over their respective areas of government, as defined in the U.S. Constitution. Thus, there are built-in checks and balances, with each branch overseeing in certain countless ways that Constitutional actions and policies are ensured within each branch of the federal government. When oversight fails in the face of tyrannical blocks of people at any or all levels of government, then The People are in serious jeopardy. 

The breakdown of the Branches in the U.S. Constitution is found in the following Articles, I, II, and III.  Text of Article II is found at the end of this paper.

1.      Article I:   Congress (House + Senate)

2.      Article II:  Executive Branch (Elected President + Appointees have power under the U.S. Constitution’s Advise and Consent Clause for Congress, as representatives of the States and The People)

3.      Article III:  Judicial Branch (U.S. Supreme Court + Inferior Courts).

The Constitution’s premise of The People’s and States’ representation in the federal government of in Washington D.C. ensures that our Constitutional Republic continues a democratic process from one election to the next.  This process with built-in checks and balances on the power of individuals, and over the separate powers of the three branches of the federal government, requires open public discussion and debate insofar as The People may hear or read the speeches in Congress and the Executive Branches. Fortunately today, The People may view the television proceedings on the floor of both houses of Congress.  Also, the Internet provides the text and videos of speeches and all required records of public discussions.  It is important that everyone understand what is being done in the legislation produced by Congress.  It is equally important to be informed of U.S. Supreme Court proceedings and the written records, also available.

Bills that eventually undergo a final Congressional vote by constitutionally elected members in the U.S. House of Representatives and the U.S. Senate usually involve compromises among different political factions within the Congress in order to get a piece of legislation through to a final vote.  The proposed ideas, the pros and cons, and other alternatives are expected through traditional democratic parliamentary procedure, to be presented by the members of the House and Senate, where eventually a certain level of consensus in favor of proposed issues over others may be achieved. 

As stated, Compromises are made in most cases by the time the final version of a measure becomes law.  However, the compromises must NOT be about any action that would be a violation of the U.S. Constitution, again according to the sworn oaths of every elected representative and senator.  If a U.S. President signs such a Bill containing unconstitutional matters, an unconstitutional law is then the result.  Eventually unconstitutional laws are likely to be challenged if necessary, at any future point for a judicial judgment, all the way up the court system to the U.S. Supreme Court. It is the job of the judicial system to render decisions that eliminate some or all of a challenged law, especially to determine whether it violates requirements and protections of individual citizen rights or other related matters, rather than become anything beneficial to our American constitutionally protected way of life.

Thus, the power of The People was designed by the founding philosophers, to go through channels to the elected district and State representatives in the U.S. Congress. Representatives of The People and matters of The States at the federal level have a constitutionally vested power in their behalf within the U.S. Congress.  Through both processes of the House and the Senate, each given their respective authority and duties in Article II, The People are fully, properly, Constitutionally represented on issues and policies in their behalf, and thus, in behalf of all of America.

The President is elected by The People as required and outlined by the U.S. Constitution, Article II, Section 1.  The U.S. President has constitutionally based “executive Power” that is conducted in behalf of ensuring the security and prosperity of The People of America as a nation.  However, there is a Constitutional provision, giving the U.S. Senate and the joint houses of Congress the power of Presidential oversight by the House and Senate members who most directly represent The People. In any given situation where Congress may determine it is necessary, involvement concerning certain unconstitutional activities by the other branches of government is provided for in Article II, Section 2.  The Congress is prescribed in the U.S. Constitution to do the work of The People.

As defined constitutionally, the U.S. President does the work of senior executive officer.  He is required to be certain his executive orders and policies are Constitutional.  He must also carry out the Laws enacted by the Congress and signed into law by other Presidents and himself, so long as they are Constitutional in their intent and effect upon The People and the Constitutional government of the free nation of America.  He and his appointed department heads and staff members have the responsibility to protect the Constitutional freedoms of citizens in America in all he says and does. The U.S. President is responsible in his words, actions, and policies—for the full faithful execution of Constitutional law, under Article II, Section 2 of the U.S. Constitution.  Only Congress may initiate legislation that may become laws, so in effect a President’s executive orders are considered to be presidential policy for reasons that the President should be prepared to prove at any given time, are or continue to be Constitutional, if it becomes necessary.  Executive orders are for the federal employees including Heads of the Departments in the Executive Branch of the federal government.

Further, Article II, Sections 2 and 3 provides that the U.S. President must function under certain defined conditions, “and he shall have Power, by and with the advice and consent of the Senate,” and also is subject to the oversight of the entire Congress by Law should it become necessary in a Congressional Impeachment investigation. In fact, the Congress under the U. S. Constitution is expected to have detailed reports from the President on the activities of his executive decisions including executive orders, and the actions and policies of his appointees.  These reports are in addition to the traditional public State of the Union Address to a joint session of Congress.

But more to the point here, the President answers at the bottom line—TO The People across America, through their elected representation in Congress, both houses.  For as long as a President functions within the parameters of his sworn Loyalty Oath in executing his duties in accordance with the U.S. Constitution, The People’s Representatives will not use Congressional Constitutional power concerning decisions and actions that have been made by a sitting President.  It is an understood condition of the Constitutional Separation of Powers among the three branches of the federal government that, except when the Congress determines that a President has acted in violation of the U.S. Constitution, the Congress will not get involved directly in the matters of the Executive Branch as explained under Article II, Section 2.

In the meantime, The People, citizens of our Constitutional Republic of the United States of America are expected to say freely and openly without fear of government reprisals, what they believe, correct or wrong, about the words and actions of the U.S. President, as well as other government officials.  It is a constitutional process for the active involvement of the American People. They are free to petition the Congress to take action on any cause they believe in, as long as their actions are in accordance with law, and are not in violation of the U.S. Constitution.  The representatives are responsible for what they decide in behalf of Americans and the future of America.

This is what is behind the misleading inadequacy of Secretary of State Hillary Clinton’s statements that were made in answer to the question from a Tunisian in her Q&A audience.  Again, listen to the video at the link above, and determine for yourself whether Clinton did not properly answer the teachable moment that would properly have represented the nature of America’s constitutional system of a Democratic Constitutional Republic, with checks and balances upon the power of government officials in behalf of The People of America.

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Text of Article II of the U.S. Constitution

Article II, Section 1:  “The executive Power shall be vested in a President of the United States of America.  He shall hold his Office during the Term [prescribed, with new law limited his tenure to two terms of four years].  Each State shall appoint in such Manner as the Legislature thereof may direct, a Number of Electors, equal to the whole Number of Senators and Representatives to which the State may be entitled in the Congress….” [See copy of the U.S. Constitution for requirements of what has come to be known as the Electoral College process, and the requirements of eligibility to run for the office of U.S. President].

Article II, Section 2:  ….“He shall have Power, by and with the advice and consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the advice and consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law; but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

Article II, Section 3:  “He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, in extraordinary Occasions, convene both Houses, or either of them, and in the Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall be established by Law; but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.”

Article II, Section 4:  “The President, Vice President and all civil Officers of the United States, shall be removed from Office on impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”