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Tuesday, February 20, 2007

Legislative Orders

Unitary Legislature

Legislative Orders set the stage for the lawful transfer of functions from the Executive to the Speaker. Let the Speaker know what you think of this by visiting her blog.

Ref: Model for Legislative Orders -- Speaker can do things without the President

* * *

We redefine the relationship between the Superior chamber in the Congress -- the House -- and the lesser clerk in the Oval Office. We discuss the lawful, Constitutional recalibration of US government power:

  • All Article 1 Section 8 powers can be reconsidered in light of the legislative order theory;

  • Through Legislative Orders, the Speaker has expansive power to recapture all procurement activities solely delegated to the Congress to raise and support things; and

  • Under the Legislative Order theory relying on Article 1 Section 10, the Speaker is permitted the expansive power to self-delegate expansive, unreviewable power to recapture all Executive Branch personnel, functions, and defense related to Congressional powers, not limited to procurement activities, for her exclusive unreviewable control, management, and oversight.

    All prior legislation enforcing anything contrary to the Speaker's power to fully assert all Legislative Orders is unconstitutional, unreviewable, and may not be lawfully enforced.

    Ref: Sample contractor which Speaker may lawfully decide: "Until all activity is shown to be lawful, no more funding for this entity, its activities, or other things. Until illegal rendition, prisoner abuse, and other alleged FISA-GEenva violations end, this entity will get nothing."

    All Acts of Congress inconsitent with these Legisltive Orders do not need to be funded unless the Speaker alone chooses to support that appropriation. The President is denied the power to enforce any legislation for which the Speaker does not approve funding. They Speaker may or may not document her conclusions of law nor the basis for her Legislative Orders; and the President and Juducial Branch are DENIED the power to review these Legislative Orders.

    Reed: Got you covered.

    Ref By extension, this means that the courts "can't review" the Speaker's lawful arrest-detention orders against those who violate the following unreviewable Legislative orders. [ Discuss here ] Make the Preident go to court to oppose this, and the Speaker may show -- by analogy -- the President is doing the same with his Executive Orders, and the President may not block or Prevent the Speaker from doing. The problem: The court is not the referee between the House and President. The President is stuck. [ Read more here ]

    * * *

    The President incorrectly believes he can, by issuing executive orders, ignore Congress.

    The Speaker, through Legislative Orders, has the power to shut down funding to anything the President attempts to do. But she can go further, broadly mirroring the President's abuse of power, and issue like Legislative Orders.

    Neither the Courts nor the President have been delegated any power to deny the Speaker the ability to issue these expansive Legislative Powers. All things the DoJ Staff has said may be done through Executive Orders, the Speaker may do though legislative orders.

    Contrary to the Executive Branch delusions, the Legislative Orders may broadly recapture substantial functions and duties once though to be the responsibility of the President.

    Unless the Speaker approves, through a Legislative Order, the President has no power to put any Executive Order into effect.

    The President may, using the existing budget, rearrange things, move people; but he has no power to compel people to new things that require more money.

    * * *

    Executive Orders can only affect what the Executive can control: The Executive Branch, but those orders are meaningless, without effect, and have no impact when the President requires funds to implement that order.

    The President may chance procedures, but those procedures are meaningless if new budget is required, but the Speaker has not approved the funds.

    The President has no power to implement, draft, or enforce any executive order which violates the law; or the Constitution.

    The President has no power to order civilians to do things or not do things, unless attached with that order is the agreement of the Speaker that there will be money attached to that order.

    Where the President has no money, he has no real power.

    * * *

    Just as the President can draft an Executive Order to change procedures, so too can the Speaker -- on her own, without Presidential approval or concurrence -- pass, enforce, and make legislative orders enforceable.

    The Speaker has the option to create any rule, criteria, or standard she alone chooses is fitting to apply to any Congressional Committee, review, or approval. Where the Speaker does not wish to be bothered with the President, she may issue legislative order that she shall not be bothered.

    Until the President grovels before the Speaker, the Speaker is not obligated to issue any legislative order supporting the President. The President is powerless to compel the Speaker to issue or not issue any legislative order.

    Without the Speaker's concurrence, the President may be denied funds for any reason; and he has no power to compel the Speaker give him any money.

    The Speaker alone may define, or not define, any criteria she alone chooses shall be applied to whether the President does or does not get money.

    When the President chooses to ignore the Speaker, the Speaker is under no obligation to respond: The President, without money, has no power to enforce Executive Orders.

    Had the Framers wanted it any other way -- which they did not -- they would not have implicitly delegated expansive powers to the Speaker to review, audit, and oversee the clerk in the Oval Office.

    The Speaker alone has the power to define the rules by which the President is evaluated; and if the President fails to meet these many rules, the President cannot be sure the Speaker will issue a positive legislative order. Without the Speaker's concurrence, the President has no confidence that the House will do anything, much less provide funds.

    * * *

    Where the President issues an executive order which is not attached with any money, the President has no real power: He's merely rearranging chairs, but he has no power to make others move the chairs, unless the Legislative orders approve the funds to make payment.

    This alone is up to the Speaker to decide.

    * * *

    ___ How can existing Executive Orders be recast in light of the Legislative Orders?

    ___ Which Executive Orders cannot enforced unless the Speaker approves funds?

    ___ What illegal activity has the President attempted to enforce, compel, or require which the State legislatures need to be informed?

    ___ How are State legislatures digesting the information related to the President's illegal executive orders?

    ___ How are the States, learning about the frivolous assertion of executive power, incorporating this into their discussions whether the allow their state resources to be used for illegal things?

    ___ How are the illegal executive orders getting considered by the State legislatures for purposes of crafting impeachment proclamations under House Rule 603?

    ___ Where the President attempts to employ force or power, but there is no money attached to that order, where is there a discussion of the frivolous assertion of executive power?

    ___ Which things can the Speaker, through a legislative order, redefine as something the Speaker alone may decide?

    ___ Congress alone has the power to raise and support an army. Why isn't this responsibility recaptured by the Congress, transferring all government procurement activity to the Congress?

    ___ What is the plan of the Speaker to recapture all Executive departments related to powers only delegated to the Congress?

    * * *

    Reconsidering Article 1 Section 8 in Light of Legislative Orders

    Congress alone shall have the power to raise and collect taxes. Legislative orders may legally transfer the IRS to the Congress.

    Congress lone has the power to collect duties. Legislative orders may legally transfer Customs to the Congress.

    Congress alone has the power to borrow money. Legislative orders may legally transfer Treasury to the Congress.

    Congress alone has the power to regulate commerce. Legislative orders may transfer Commerce, FCC, and SEC to the Congress.

    Congress lone has the power to coin money. Legislative orders may transfer the Federal Reserve to the Congress.

    Congress alone has the power to provide punishments for counterfeiting securities. The legislative orders may transfer to US Attorneys office to the Congress.

    Congress alone has the power to establish post office and roads. Legislative orders may transfer to the Congress the Highway commissions, post offices.

    Congress alone has the power to promote science and arts. Legislative orders may transfer to the Congress all US government activities related to cultural exchanges, advertising, scientific research, and grant management to universities.

    Congress aloe has the power to constitute tribunals inferior to the Supreme Court. Legislative orders may establish inferior courts which fall under Congressional control and expressly target the President to enforce audits, conduct reviews, and gather information.

    Congress alone has the power to define and punish piracies. Legislative orders may transfer the DoJ Staff counsel associated with the development of these rule making and place them under the control of the Speaker.

    Congress alone has the power to declare war and make rules concerning captures on land. Legislative orders may punish the President when he wages war which Congress has not declared; and the Speaker through legislative orders direct her Staff Counsel to issue memorandum, direct the arrest and detention of anyone who ignores these legislative orders.

    Congress lone has the power to raise and support armies. Legislative orders may broadly define any and all things in the intelligence community, including CIA, JTTF, and other covert agencies to be linked with this raising and supporting function. Legislative orders may transfer all US government procurement activities remotely related to any use of force, war making, or anything indirectly related to any US military unit as being a unit which only the Speaker has the power to control.

    Legislative orders may define the time which the Speaker approves the President may or may not be in charge of any resource; and without an express declaration of war, the President has no power to compel anyone to believe that he is Commander in Chief, nor may the President control, direct, or use any asset unless the Speaker approves.

    Congress alone has the power to organize, arming and disciplining the militia. Legislative orders may legally permit the arrest of the President when he attempts to issue any executive order which attempts to illegally usurp Congressional power; when he issues any executive order linked with organizing, arming, or disciplining anyone directly or indirectly related to the US military, combat, contract, or support services.

    Congress alone may incorporate by reference all Executive Orders related to the Defense Authorization Act; and transfer these duties, responsibilities, and other things to agencies the Speaker alone through Legislative Order decides she alone will or will not manage.

    Congress alone has the power to transfer to the State the express power and right to appoint officers who shall be used to train the militia which the Speaker alone has the power to decide how they shall be trained in support of the Speakers wishes.

    Congress alone has the power to discipline the militia. Legislative orders may define the precise means by which this discipline occurs; and anyone who refuses to follow these legislative orders may be punished according to law which the Speaker alone has the power to enforce through Legislative order.

    Congress alone has the power to exercise legislation over the District of Columbia or where the US government conducts its business. Legislative Orders may define the travel routes by which Executive Branch personnel travel, go to work, how they conduct their business while working in the district of Columbia, or wherever they be stationed worldwide in support of the District.

    Congress alone has the power to exercise authority over all places include forts, magazines, arsenals, dockyards and needful buildings. Legislative orders may define the rules, procedures, and other things that were formally though to have been executive functions. These functions are for the Speaker alone to exercise.

    Congress alone has the power to make all laws. The Speaker, even if the President disapproves, is not required to provide any money for any laws which have not been fully supported, violated, or have been ignored.

    Congress may not pass any law, nor enforce any law through appropriations which is a violates the Constitution. Legislative orders may legally define the means by which funds for illegal purposes are withdrawn, and punishments imposed on all US government employees, contractors, and agents for their violation of the Supreme Law.

    * * *

    We need not wait for an election, or for the President to concur. Legislative orders may, on their own, recapture all things currently in the Executive Branch which the Constitution expressly delegates to the Congress.

    The Speaker through Legislative order has the power to fully assert the Constitution, and physically take control of all assets which the Speaker alone, not the President has the power to manage, define, regulate, and control.

    Legislative orders are just as powerful as the Executive. They expansively redefine all US government structures, and impose a burden on the President to comply with the Constitution; or, at her discretion, the President may be legally arrested for violating his oath of office.

    What You Can Do

    Tell your friends about Legislative Orders. Pass this link.

    Share with your friends the Article 1 Section 8 powers which legislative orders can expressly interpret and redefine as being entities which Congress alone has the power to manage, oversee.

    Share with your friends how legislative orders may gut the Executive Branch, deny the President of resources, and how they may legally transfer from the President to the Speaker physical assets which the Constitution expressly delegates only to the Congress to manage.

    If the Speaker does not approve, the things under this recapture process are not t be funded.

    Where the Speaker alone decides not to include funding for this thing, the House is under no obligation to provide funding.

    Congress has the power to do something; but this does not mean the Speaker and House have to do it. Funding may be cut to zero. Saying that the Congress has the power to regulate, do, or support something means the Congress alone can decide whether this Legislative order is adequate.

    The President is denied the power to review, audit, or examine this Legislative Order process; and has no power to enforce any Executive Order which violates the express authority of the Congress, and has no power to interfere with the Legislative Authority of the Speaker to issue and enforce by Legislative Order, as she deems appropriate, the recapture process.

    * * *

    Legislative orders may require that all Executive actions related to commerce are equal; and all preferences the Executive attempts may, though Legislative order, be classified as punishable by standards the Speaker alone chooses to enforce or not enforce.

    Where there are executive orders spending money for things the Speaker does not approve, the Speaker may issue an arrest warrant through the court and have that offending US government official arrested, detained, and treated per rules which have been applied to prisoners from other nations.

    Any and all efforts to interfere with this legislative order process shall be, for purposes of Article 1 Section 10 be construed to be an imminent threat to the States, satisfying the "imminent danger" standard.

    Failure to accept these legislative orders or efforts to block their enforcement shall be construed by the states as an imminent threat; and the states through Legislative Order are expressly granted the power to form a treaty, alliance, and confederation to defend themselves from the President or those interfering with the Legislative Orders.

    Legislative orders recognize the rights of the States under these conditions to recapture the illegal Executive posts, buildings, and other things used to unlawfully lay tonnage, keep troops, or do things in the states to support illegal warfare.

    Legislative orders shall, on the discretion of the Speaker alone, be enforceable through lawful threat of denial of funds to any non-cooperating entity, person, or government leader.

    Legislative orders shall lawfully deny to the President any power of him to compel these legislative orders to be reviewed, audited, or examined by any executive or judicial officer. The Executive and Judaical branches have no power, right, or authority to review any Legislative Order; and may lawfully not compel any Executive or Judicial employee to violate, thwart, or interfere with the immediate enforcement of these legislative orders.

    Article 1 Section 10 "imminent danger"-clause shall be broadly construed as the expansive clause granting to the Speaker alone the ability to define any rule, permit any alliance, and do anything to assert power against the Executive, including the use of combat forces to lawfully wage war against him.

    Congress alone has the power to declare war against the President for his illegal use of combat forces in violation of the Supreme Law. For purposes of these legislative orders the President is not a co-equal branch of government, but is a clerk responsible for reporting to the Speaker to request her support. The Speaker may choose to ignore the President, not grant him any funds, and alone can decide whether her Legislative Orders are or are not necessary, appropriate, or reviewable by anyone.

    * * *

    The Congress need not recognize any statute which contradicts the theory of Legislative Orders.

    It is the responsibility of the DOJ Staff to justify to the Court why these illegal bills, which have illegally transferred functions from Congress to the President, are lawful.

    This burden is one for the DoJ Staff and President to prove. Until the President challenges the Legislative Orders in Congress, or attempts to enforce the statutes which contradict the Legislative Orders in court the structure of the US government as defined in the 1947 Defense Authorisation Act is illegal.

    Legislative orders may be used by the Speaker to enforce her Constitutional duties to recapture all Legislative Functions, and deny to the President any control of any resources which the Constitution expressly delegates to the Congress, not the President.

    The President has one power: Executive. He has on power to enforce the illegal use of combat forces for unlawful things; nor do things which amount to an imminent threat which Speaker alone though Legislative Order has the power to define. The President was never delegated any power to review, question, obstruct, or interfere with the full enforcement of these Legislative Orders.

    * * *

    Let the President argue and threaten that he will not approve funding for these things. If he refuses to sign the bill, those functions that he does not approve for transfer to the Speaker shall die.

    Yet, the Constitution does not permit the President to let the functions of power fall into disreprepair.

    Recall the President's arguments about "executive power" and how the Congress "cannot" cut funding; the reverse is true: The President's argument against Congress is turned on itself: The President by asserting that inherent powers cannot be violated has fatally accepted that he, as Exeucive, has no option but to approve a bill required for a necessary function of the Speaker to fully put into effect the Power of Article 1 Section 8.

    ___ How does the President explain one argument suggesting that Congress is "wrong" for not appropriating money for illegal warfare; but the President argues that he with threaten to not approve a bill that supports funds for these Article 1 Section 8 powers?

    ___ Does the President propose not to approve a bill required to support these functions?

    ___ What is the President going to do to stop this transfer and recapture by the Speaker?

    The only thing the President can do is threaten to do what he said Congress cannot do: Deny funds. The President said it was not lawful for Congress to deny funds for his illegal activities; let the President argue the opposite that he can deny funds for Constitutional requirements. He cannot for this would violate his oath.

    Put the burden on the President to deny or approve funds for things that the Constitution requires be done. Until the President approves the funds, that function shall not be, as required by the Constitution, fully implemented. This is a problem for the President.

    The President's arguments about warfare are turned on their head: He cannot credibly argue his case under the theory of Legislative Orders. For that reason alone, the Speaker and Members of Congress should immediately recognize the above discussion related to Legislative Orders as a lawful clash of factions.

    The President cannot legally stop this. If he attempts to stop what is lawful, he has no basis to suggest Congress cannot stop what is illegal: Unlawful war.

    The theory of legislative orders is not something that is hypothetical, but can be implemented now to recalibrate the US government. Where the President has said his actions or Executive are not reviewable by Congress or the Courts, the Speaker may do the same on all Legislative Orders. The President may not assert one standard for illegal Eecutive Orders, but a lesser standard for Legislative Orders.

    Any power the President has asserted which he was not delegated, but required others to assent to that unlawful delegating, the speaker through Legislative order may legally compel all to recognize the Constitutionality of this recalibration and enforce through appropriate threat of arrest these Legislative Orders.

    The Founders wished for the clash of factions. Let the Speaker's Legislative Orders glean the lessons of the Esecutive Order process and rules, and let her expansively redifine how the clerk in thevoal office shall or shall not asset to the rule of law.

    The rule of law is on the Speaker's side; not on the side of the President. Legislative orders, attached to broader multipe powers, shall trump the single power of the Exeuctive: His sole Article II power of Exeuctive. There is nothing the PResident can do to stop this unless he violates the standards he said were applicable to Congress on issues of Iraq war funding. The problem is that Congress is not required to support illegal things; but the President, is required through his oath, to fully support the ARticle 1 Section 8 powers.

    Real powers must be respected; illusory powers shall not be recognized; all illegal assertions of Presidential power are not enforceable; all US government functions and organizations which refuse to comply with these Legislative orders shall be lawfully destroyed though Legislative Orders which the Speaker alone reserves the right and expansive power as leader of the superior chamber of the Congress -- the Congress -- and the most powerful officer in the Federal Goverment: The Speaker

    The Speaker is superior to the President. ARticle I is before ARticle II. Legislaitve Orders trump Executive Orders, especialy as they relate to ARticle 1 Section 10 "imminet threat" which the Spaker alone through legislative order may define, enforce, and assert as her legal foundation to fuly enforce all legislative orders consistentn with the Constitution and her authority as the leader of the superior chamber in Congress: The House.

    It is no ordered.