AF-separation-of-powers-Digital-20 - Flipbook - Page 15
branches of government were fashioned to operate
as separate and co-equal insular silos, it is the system
of checks and balances where the boundaries
between the branches are slightly obscured that
ensures our system of government is workable.
• Article II, §3 provides for various duties and
responsibilities of the President, including the duty
to detail the “state of the union” from time to time.
It also directs the President to convene Congress
under extraordinary circumstances like an act of
war or a condition of emergency. Towards the end
of §3, the “Take Care” clause presents itself, stating,
“he shall take care that the Laws be faithfully
executed, and shall Commission all the Officers of
the United States.” It represents the primary source
of expansive presidential powers to enforce laws.
The “Take Care” was a primary catalyst for the
impeachments of two U.S. presidents, Andrew
Johnson and William Clinton. Notably, this Section
is often interpreted to prohibit the President (and
his or her subordinates) from violating federal law
because such a breach contravenes the faithful
execution of U.S. law. In fact, holding the title of
President does not bestow the power or privilege to
authorize unlawful acts nor invalidate the
operation of law for even a limited time.
• Article II, §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.” The three main
elements in this Section include: (1) who may be
impeached; (2) removal; and (3) grounds for
removal. The first element addresses who may be
impeached. For example, “civil Officers” of the
United States are not specifically listed by their
position held. So, while the President is clearly
subject to impeachment, a complete listing of
“other civil Officers,” does not exist. The second
element is “removal.” The plain language of this
element infers that one must be currently holding
the position of an impeachable civil Officer.
Finally, grounds for removal are listed as
“[c]onviction of, Treason, Bribery, or other high
Crimes and Misdemeanors.” Although treason and
bribery are well-defined by U.S. law, “other high
Crimes and Misdemeanors” can be subject to
interpretation and open for debate. While this
Section of Article II is considered by scholars to be
ambiguous, one thing is clear: it should not be
abused – the power to impeach is serious and
should be treated as such. Our Constitutional
Republic is fragile and use of this almighty tool by
those with evil motives pierces the heart of the
great American Experience.
Significantly, the President of the United States is
also known as the “leader of the free world.” This
nomenclature is of utmost importance because
America’s President, as the global leader, affects the
composure and balance among nation states.
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