Reactions to the 2014 SOTU Address

KingOrfeo

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Full transcript of the address here.

From Esquire:

The State Of Our Union Is Long

By Charles P. Pierce on January 28, 2014

Here are two takeaways from the most Clintonian speech Barack Obama ever gave.

1) When all the cheering for Cory Remsburg, the grievously wounded Army Ranger, died down didn't you stop for a moment and think, "Damn, 10 deployments." What the hell have we been doing there?

2) The whole chamber couldn't rise as one and cheer the notion that people shouldn't have to raise their families in poverty? That got him about half the hall, from the way it looked on TV. I know that a good portion of his political opposition believes that poor people are marked by god and their own insufficiencies of character to be poor, but at least couldn't they all have pretended that at least the notion of poverty was something we universally deplore?

Once again, he was the only obvious president in the room, much good may that do him. He did not rile up the base. He was not combative. He did not dwell on issues that his base wanted to hear. (If you had "Keystone XL," or "NSA," or "TPP" in your State of the Union drinking game, you probably wound up as the designated driver.) But he was firm on one thing. He is not going to be a lame duck as long as he can still walk. There were a lot of sentences that began with some variation of, "If Congress won't act..." And he can still throw a sneaky right hand over the top.

Now, I do not expect to convince my Republican friends on the merits of this law. But I know that the American people are not interested in refighting old battles. So again, if you have specific plans to cut costs, cover more people, increase choice, tell America what you'd do differently. Let's see if the numbers add up. But let's not have another 40- something votes to repeal a law that's already helping millions of Americans like Amanda.

This promise to use the powers of his office is what likely is going to raise all those hackles that were going to be raised in any case unless he got up there and abdicated in favor of Mitt Romney but, really, he couched these assertions in the mildest fashion, making of himself just a guy who was just trying to do the job to which he had been elected. He would like to have done it a different way but, darned it the regular way just didn't work, and now it's time to take out the tire iron and give the old machine a good bash. There wasn't a scintilla of anger in his voice all night. There was just a rueful tone to it, as though he had finally gotten the joke that history had played on him with the election in 2010 of the opera boufee that is our current House of Representatives.

The speech was Clintonian in three basic ways. First, and most obviously, it was long, almost 7000 words, and he delivered it very, very carefully. (John Boehner's face seemed to darken as the evening went along, like the side of a mountain that faces the sunset.) Secondly, it made a conscious, and largely successful, effort to argue policy positions from anecdote. The opening passage was a list of his administration's accomplishments folded into what appeared to be parable form:

Mr. Speaker, Mr. Vice President, members of Congress, my fellow Americans, today in America, a teacher spent extra time with a student who needed it and did her part to lift America's graduation rate to its highest levels in more than three decades. An entrepreneur flipped on the lights in her tech startup and did her part to add to the more than 8 million new jobs our businesses have created over the past four years. (Applause.)An entrepreneur flipped on the lights in her tech startup and did her part to add to the more than 8 million new jobs our businesses have created over the past four years. An autoworker fine-tuned some of the best, most fuel-efficient cars in the world and did his part to help America wean itself off foreign oil. A farmer prepared for the spring after the strongest five-year stretch of farm exports in our history.A rural doctor gave a young child the first prescription to treat asthma that his mother could afford. (Applause.) A man took the bus home from the graveyard shift, bone-tired but dreaming big dreams for his son. And in tight-knit communities all across America, fathers and mothers will tuck in their kids, put an arm around their spouse, remember fallen comrades and give thanks for being home from a war that after twelve long years is finally coming to an end.

And all of them still live in a place called Hope.

And finally, and most important, the speech was undeniably partisan while remaining conciliatory. This is a wire-walk of which Bill Clinton was the master, and this president has learned to stay up there pretty deftly himself. For every dark caution about what he'd do if they didn't, he pitched to Congress the idea that they all ought to get together and do something because the country was getting pretty pissed at all of them. He even pitched Boehner, whose balls are buried in a Mason jar somewhere in a spot only Eric Cantor knows, and who, I suspect, would like to leave a legacy behind as Speaker that consists of something more than keeping the likes of Louie Gohmert -- and Twitter's new star bullgoose Texas loony, Randy Weber -- in four-point restraints, a lovely little lifeline while doing so.

The point is, there are millions of Americans outside Washington who are tired of stale political arguments and are moving this country forward. They believe, and I believe, that here in America, our success should depend not on accident of birth but the strength of our work ethic and the scope of our dreams. That's what drew our forebears here. It's how the daughter of a factory worker is CEO of America's largest automaker. How the son of a barkeeper is speaker of the House. How the son of a single mom can be president of the greatest nation on Earth.

He was extraordinarily strong in spots, particularly on voting rights, where he plainly had a lot to say, and said it all, and on the process of getting the country off what he rather daringly described as the "permanent war footing" it had been on since 2001. Some of the economic ideas, particularly the expansion and strengthening of the Earned Income Tax Credit, were sound and worthy of immediate action, which they won't get. I'm still a little vague on the MyRA thing, which smacked a little bit of the gimmick, and which, in any case, is just another stop-gap by which the country can forget that, once, everybody had a guaranteed pension, before the unions broke down and the sharpers on Wall Street looted what was left.

But, if this speech burned no barns, it didn't sound anything like a last chance, either. The president seemed to have a pen and one hand, and that well-worn olive branch still in the other. He is what he always has been, the coolest head in the room. You can never say he isn't that.
 
What the potus threatens to do is Not Constitutional! He took an oath and swore to uphold it...simple as that.

Any executive order that affects the people as a whole...Not Constitutional!


"In Article I Section I of the Constitution it is clear that all legislative powers reside in Congress. The Executive Branch has the responsibility to execute the laws passed by Congess. An Executive Order is not legislation it is a order issued by the President to enforce laws passed by the Congress. While Executive Orders are not mentioned in the Constitution it has been a precedent for a President to issue Executive Orders that he deems to be necessary and proper.

The “Necessary and Proper” clause in the Constitution found in Article I Section 8 was not intended to give Congress and the authority to do whatever they felt was a good idea. This clause meant that they had the authority to pass any legislation that was necessary and proper to implement the powers delegated to the United States in Article I Section 8.

The President is the Chief Administrative Officer of the Executive Branch of Government and has the authority to implement policies and procedures that are neccesary for the administration of the duties and responsibilities that have been assigned to him by the Constitution. Policies and procedures passed by Congress are called laws and effect all of the people. An Executive Order is a policy or procedure issued by the President that is a regulation that applies only to employess of the Executive Branch of government.

Any Executive Order that has any effect on individuals that are not government employees in a violation of Article I Section I. Whenever the President issues and Executive Order that extends to all of the people. Congress has a responsibility to the people to veto any Executive Order that has any effect on non governmental employees.

When a President issues an unconstitutional Executive Order and Congress allows the order to stand they are violating their oath to preserve, protect and defend the Constitution."
 
What the potus threatens to do is Not Constitutional! He took an oath and swore to uphold it...simple as that.

Any executive order that affects the people as a whole...Not Constitutional!


"In Article I Section I of the Constitution it is clear that all legislative powers reside in Congress. The Executive Branch has the responsibility to execute the laws passed by Congess. An Executive Order is not legislation it is a order issued by the President to enforce laws passed by the Congress. While Executive Orders are not mentioned in the Constitution it has been a precedent for a President to issue Executive Orders that he deems to be necessary and proper.

The “Necessary and Proper” clause in the Constitution found in Article I Section 8 was not intended to give Congress and the authority to do whatever they felt was a good idea. This clause meant that they had the authority to pass any legislation that was necessary and proper to implement the powers delegated to the United States in Article I Section 8.

The President is the Chief Administrative Officer of the Executive Branch of Government and has the authority to implement policies and procedures that are neccesary for the administration of the duties and responsibilities that have been assigned to him by the Constitution. Policies and procedures passed by Congress are called laws and effect all of the people. An Executive Order is a policy or procedure issued by the President that is a regulation that applies only to employess of the Executive Branch of government.

Any Executive Order that has any effect on individuals that are not government employees in a violation of Article I Section I. Whenever the President issues and Executive Order that extends to all of the people. Congress has a responsibility to the people to veto any Executive Order that has any effect on non governmental employees.

When a President issues an unconstitutional Executive Order and Congress allows the order to stand they are violating their oath to preserve, protect and defend the Constitution."

So now you want to impeach Congress, too?
 
What the potus threatens to do is Not Constitutional! He took an oath and swore to uphold it...simple as that.

Any executive order that affects the people as a whole...Not Constitutional!


"In Article I Section I of the Constitution it is clear that all legislative powers reside in Congress. The Executive Branch has the responsibility to execute the laws passed by Congess. An Executive Order is not legislation it is a order issued by the President to enforce laws passed by the Congress. While Executive Orders are not mentioned in the Constitution it has been a precedent for a President to issue Executive Orders that he deems to be necessary and proper.

The “Necessary and Proper” clause in the Constitution found in Article I Section 8 was not intended to give Congress and the authority to do whatever they felt was a good idea. This clause meant that they had the authority to pass any legislation that was necessary and proper to implement the powers delegated to the United States in Article I Section 8.

The President is the Chief Administrative Officer of the Executive Branch of Government and has the authority to implement policies and procedures that are neccesary for the administration of the duties and responsibilities that have been assigned to him by the Constitution. Policies and procedures passed by Congress are called laws and effect all of the people. An Executive Order is a policy or procedure issued by the President that is a regulation that applies only to employess of the Executive Branch of government.

Any Executive Order that has any effect on individuals that are not government employees in a violation of Article I Section I. Whenever the President issues and Executive Order that extends to all of the people. Congress has a responsibility to the people to veto any Executive Order that has any effect on non governmental employees.

When a President issues an unconstitutional Executive Order and Congress allows the order to stand they are violating their oath to preserve, protect and defend the Constitution."

If it's unconstitutional the SC will find it such. Problem solved.
 
What the potus threatens to do is Not Constitutional! He took an oath and swore to uphold it...simple as that.

Any executive order that affects the people as a whole...Not Constitutional!


"In Article I Section I of the Constitution . . ."

Where are you quoting that from?
 
A better argument would be that the Constitution doesn't allow for Executive Orders, sure that ship sailed two centuries ago but nothing in Article I, Section one suggests that he can't make EO's that effect non government employees. That's just imagined out of whole cloth by JB.
 
Long, disingenuous, and a hell of a waste of and hour and half.
You already said you didn't watch it.
We all knew you were just gonna wait for the talking points from the RNC.
You're a "Good German".

What the potus threatens to do is Not Constitutional! He took an oath and swore to uphold it...simple as that.

Shorter Julybabby04: Impeach Teh Negar!
 
A better argument would be that the Constitution doesn't allow for Executive Orders, sure that ship sailed two centuries ago but nothing in Article I, Section one suggests that he can't make EO's that effect non government employees. That's just imagined out of whole cloth by JB.

Or the BEST argument would be that those who took an oath to uphold the Constitution, defend and protect it, need to do so!
 
He can't be a chief executive if he can't give orders to others in the executive branch.

That's not what Executive orders are in practice. Besides I'm not so much agreeing as I'm saying if an argument was to be made it would be that the Constitution doesn't give the power of the Executive Order. Every President has used them so it's a bit of a tradition but that seems to more be a matter of of even the Founding Fathers sat down started to govern and said "SHIT, forgot to wright that in. Oh well you know I meant to put that in right?" and everybody nodded because they weren't obstinate fools.
 
Executive order:

United States Presidents issue executive orders to help officers and agencies of the executive branch manage the operations within the federal government itself. Executive orders have the full force of law[1] when they take authority from a power granted directly to the Executive by the Constitution, or are made in pursuance of certain Acts of Congress which explicitly delegate to the President some degree of discretionary power (delegated legislation). Like statutes or regulations promulgated by government agencies, executive orders are subject to judicial review, and may be struck down if deemed by the courts to be unsupported by statute or the Constitution. Major policy initiatives usually require approval by the legislative branch, but executive orders have significant influence over the internal affairs of government, deciding how and to what degree laws will be enforced, dealing with emergencies, waging war, and in general fine policy choices in the implementation of broad statutes,

In other countries, similar edicts may be known as decrees, orders in council, or fiat.

Basis in United States Constitution

Although there is no constitutional provision nor statute that explicitly permits executive orders, there is a vague grant of "executive power" given in Article II, Section 1, Clause 1 of the Constitution, and furthered by the declaration "take Care that the Laws be faithfully executed" made in Article II, Section 3, Clause 5. Most executive orders use these Constitutional reasonings as the authorization allowing for their issuance to be justified as part of the President's sworn duties,[2] the intent being to help direct officers of the U.S. Executive carry out their delegated duties as well as the normal operations of the federal government: the consequence of failing to comply possibly being the removal from office.[3]

An executive order of the President must find support in the Constitution, either in a clause granting the President specific power, or by a delegation of power by Congress to the President. 343 U.S. 579, 585. Antieau, Modern Constitutional Law,§13:24 (1969)

Other types of orders issued by "the Executive" are generally classified simply as administrative orders rather than Executive Orders.[4] These are typically the following:
Presidential determination
Presidential memorandum
Presidential notice

Presidential directives are considered a form of executive order issued by the President of the United States with the advice and consent of a major agency or department found within the Executive branch of government.[5] Some types of Directives are the following:
National Security Directives
Homeland Security Presidential Directives (presidential decision directives)

History and use

All presidents beginning with George Washington in 1789 have issued orders which in general terms can be described as executive orders. During the early period of the Republic there was no set form with which such orders were required to comply and consequently such orders varied widely as to form and substance.[9] Until the early 1900s, executive orders went mostly unannounced and undocumented, seen only by the agencies to which they were directed. However, the Department of State instituted a numbering scheme for executive orders in 1907, starting retroactively with an order issued on October 20, 1862, by President Abraham Lincoln. The documents that later came to be known as "Executive Orders" probably gained their name from this document, captioned "Executive Order Establishing a Provisional Court in Louisiana."[4]

Until 1952, there were no rules or guidelines outlining what the president could or could not do through an executive order. However, the Supreme Court ruled in Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952) that Executive Order 10340 from President Harry S. Truman placing all steel mills in the country under federal control was invalid because it attempted to make law, rather than clarify or act to further a law put forth by the Congress or the Constitution. Presidents since this decision have generally been careful to cite which specific laws they are acting under when issuing new executive orders.

Wars have been fought upon executive order, including the 1999 Kosovo War during Bill Clinton's second term in office. However, all such wars have had authorizing resolutions from Congress. The extent to which the president may exercise military power independently of Congress and the scope of the War Powers Resolution remain unresolved constitutional issues, although all presidents since its passage have complied with the terms of the Resolution while maintaining that they are not constitutionally required to do so.

Criticisms

Critics have accused presidents of abusing executive orders, of using them to make laws without Congressional approval, and of moving existing laws away from their original mandates.[10] Large policy changes with wide-ranging effects have been effected through executive order, including the integration of the armed forces under Harry Truman and the desegregation of public schools under Dwight D. Eisenhower.

One extreme example of an executive order is Executive Order 9066, where Franklin D. Roosevelt delegated military authority to remove any or all people (used to target specifically Japanese Americans and German Americans) in a military zone. The authority delegated to General John L. DeWitt subsequently paved the way for all Japanese-Americans on the West Coast to be sent to internment camps for the duration of World War II.

Executive Order 13233, issued by President George W. Bush in 2001, which restricted public access to the papers of former presidents, was criticized by the Society of American Archivists and other groups, stating that it "violates both the spirit and letter of existing U.S. law on access to presidential papers as clearly laid down in 44 USC. 2201–07," and adding that the order "potentially threatens to undermine one of the very foundations of our nation". President Obama revoked Executive Order 13233 in January 2009.[11]

Legal conflicts

As of 1999, U.S. courts have overturned only two executive orders: the aforementioned Truman order, and a 1995 order issued by President Clinton that attempted to prevent the federal government from contracting with organizations that had strike-breakers on the payroll.[12] Congress was able to overturn an executive order by passing legislation in conflict with it during the period of 1939 to 1983 until the Supreme Court ruled in Immigration and Naturalization Service v. Chadha that Congress may not promulgate a statute granting to itself a legislative veto over actions of the executive branch inconsistent with the bicameralism principle and Presentment Clause of the United States Constitution.[13]

The loss of the legislative veto has caused Congress to look for alternative measures to override executive orders such as refusing to approve funding necessary to carry out certain policy measures contained with the order or to legitimize policy mechanisms. In the former, the president retains the power to veto such a decision; however, the Congress may override a veto with a two-thirds majority to end an executive order. It has been argued that a Congressional override of an executive order is a nearly impossible event due to the supermajority vote required and the fact that such a vote leaves individual lawmakers very vulnerable to political criticism.[14]
 
my reaction was boredom mixed with ironic clapping until even i got sick of myself and changed the channel to watch cartoons. then i got stoned after a bit. that was fun.
 

United States Presidents issue executive orders to help officers and agencies of the executive branch manage the operations within the federal government itself. Executive orders have the full force of law[1] when they take authority from a power granted directly to the Executive by the Constitution, or are made in pursuance of certain Acts of Congress which explicitly delegate to the President some degree of discretionary power (delegated legislation). Like statutes or regulations promulgated by government agencies, executive orders are subject to judicial review, and may be struck down if deemed by the courts to be unsupported by statute or the Constitution. Major policy initiatives usually require approval by the legislative branch, but executive orders have significant influence over the internal affairs of government, deciding how and to what degree laws will be enforced, dealing with emergencies, waging war, and in general fine policy choices in the implementation of broad statutes,

In other countries, similar edicts may be known as decrees, orders in council, or fiat.

Basis in United States Constitution

Although there is no constitutional provision nor statute that explicitly permits executive orders, there is a vague grant of "executive power" given in Article II, Section 1, Clause 1 of the Constitution, and furthered by the declaration "take Care that the Laws be faithfully executed" made in Article II, Section 3, Clause 5. Most executive orders use these Constitutional reasonings as the authorization allowing for their issuance to be justified as part of the President's sworn duties,[2] the intent being to help direct officers of the U.S. Executive carry out their delegated duties as well as the normal operations of the federal government: the consequence of failing to comply possibly being the removal from office.[3]

An executive order of the President must find support in the Constitution, either in a clause granting the President specific power, or by a delegation of power by Congress to the President. 343 U.S. 579, 585. Antieau, Modern Constitutional Law,§13:24 (1969)

Other types of orders issued by "the Executive" are generally classified simply as administrative orders rather than Executive Orders.[4] These are typically the following:
Presidential determination
Presidential memorandum
Presidential notice

Presidential directives are considered a form of executive order issued by the President of the United States with the advice and consent of a major agency or department found within the Executive branch of government.[5] Some types of Directives are the following:
National Security Directives
Homeland Security Presidential Directives (presidential decision directives)

History and use

All presidents beginning with George Washington in 1789 have issued orders which in general terms can be described as executive orders. During the early period of the Republic there was no set form with which such orders were required to comply and consequently such orders varied widely as to form and substance.[9] Until the early 1900s, executive orders went mostly unannounced and undocumented, seen only by the agencies to which they were directed. However, the Department of State instituted a numbering scheme for executive orders in 1907, starting retroactively with an order issued on October 20, 1862, by President Abraham Lincoln. The documents that later came to be known as "Executive Orders" probably gained their name from this document, captioned "Executive Order Establishing a Provisional Court in Louisiana."[4]

Until 1952, there were no rules or guidelines outlining what the president could or could not do through an executive order. However, the Supreme Court ruled in Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952) that Executive Order 10340 from President Harry S. Truman placing all steel mills in the country under federal control was invalid because it attempted to make law, rather than clarify or act to further a law put forth by the Congress or the Constitution. Presidents since this decision have generally been careful to cite which specific laws they are acting under when issuing new executive orders.

Wars have been fought upon executive order, including the 1999 Kosovo War during Bill Clinton's second term in office. However, all such wars have had authorizing resolutions from Congress. The extent to which the president may exercise military power independently of Congress and the scope of the War Powers Resolution remain unresolved constitutional issues, although all presidents since its passage have complied with the terms of the Resolution while maintaining that they are not constitutionally required to do so.

Criticisms

Critics have accused presidents of abusing executive orders, of using them to make laws without Congressional approval, and of moving existing laws away from their original mandates.[10] Large policy changes with wide-ranging effects have been effected through executive order, including the integration of the armed forces under Harry Truman and the desegregation of public schools under Dwight D. Eisenhower.

One extreme example of an executive order is Executive Order 9066, where Franklin D. Roosevelt delegated military authority to remove any or all people (used to target specifically Japanese Americans and German Americans) in a military zone. The authority delegated to General John L. DeWitt subsequently paved the way for all Japanese-Americans on the West Coast to be sent to internment camps for the duration of World War II.

Executive Order 13233, issued by President George W. Bush in 2001, which restricted public access to the papers of former presidents, was criticized by the Society of American Archivists and other groups, stating that it "violates both the spirit and letter of existing U.S. law on access to presidential papers as clearly laid down in 44 USC. 2201–07," and adding that the order "potentially threatens to undermine one of the very foundations of our nation". President Obama revoked Executive Order 13233 in January 2009.[11]

Legal conflicts

As of 1999, U.S. courts have overturned only two executive orders: the aforementioned Truman order, and a 1995 order issued by President Clinton that attempted to prevent the federal government from contracting with organizations that had strike-breakers on the payroll.[12] Congress was able to overturn an executive order by passing legislation in conflict with it during the period of 1939 to 1983 until the Supreme Court ruled in Immigration and Naturalization Service v. Chadha that Congress may not promulgate a statute granting to itself a legislative veto over actions of the executive branch inconsistent with the bicameralism principle and Presentment Clause of the United States Constitution.[13]

The loss of the legislative veto has caused Congress to look for alternative measures to override executive orders such as refusing to approve funding necessary to carry out certain policy measures contained with the order or to legitimize policy mechanisms. In the former, the president retains the power to veto such a decision; however, the Congress may override a veto with a two-thirds majority to end an executive order. It has been argued that a Congressional override of an executive order is a nearly impossible event due to the supermajority vote required and the fact that such a vote leaves individual lawmakers very vulnerable to political criticism.[14]

I absolutely agree with this. The potus is allowed to make Executive Orders for operations within the Federal Government. Executive Orders made to bypass Congress for not acting as he wishes is UnConstitutional.

He (and Congress) took an oath. He need to uphold that oath and stop trying to make Executive Orders which are in essence new laws .....His branch does not do that...i.e., his threat on minimum wage.
 
It's depressing to read how some of these people, usually the most vocal, have no idea how our form of government works.

You are correct. Perhaps you should spend more time in learning exactly how the government works (according to the Constitution of the United States).
 
I absolutely agree with this. The potus is allowed to make Executive Orders for operations within the Federal Government. Executive Orders made to bypass Congress for not acting as he wishes is UnConstitutional.

He (and Congress) took an oath. He need to uphold that oath and stop trying to make Executive Orders which are in essence new laws .....His branch does not do that...i.e., his threat on minimum wage.

Well, that is for the SCOTUS alone to decide, and it does have jurisdiction. The SCOTUS has overturned two -- only two -- executive orders in American history. If the minimum-wage order comes before the SCOTUS, we'll see.

But, you know, that issue in particular is a very sad and sorry hill for the RW to pick to die on. You might call it a bold stand for constitutional order, but that's not how it's gonna play in November.
 
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You are correct. Perhaps you should spend more time in learning exactly how the government works (according to the Constitution of the United States).

I've sometimes seen a message-button at SF conventions: "The United States Constitution has its faults, but it's a Hell of a lot better than what we've got now." Which is clever, and cute, and a lie. In the sense intended, the United States Constitution is a Hell of a lot worse than we've got now and all you dumbass originalists know it precious well. No modern industrialized republic could get by with a national government whose role is limited to anything like that role envisioned for a national government by gentlemen of the 18th Century.
 
Quiet down you old Bolshevik.

I've sometimes seen a message-button at SF conventions: "The United States Constitution has its faults, but it's a Hell of a lot better than what we've got now." Which is clever, and cute, and a lie. In the sense intended, the United States Constitution is a Hell of a lot worse than we've got now and all you dumbass originalists know it precious well. No modern industrialized republic could get by with a national government whose role is limited to anything like that role envisioned for a national government by gentlemen of the 18th Century.
 
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