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Home Law

When the Constitution Tells You to “Execute” the Law, It Doesn’t Mean It Wants You to Kill It

Eric Banks by Eric Banks
January 8, 2022
in Law
0

The Constitution calls for a president to take care that the laws are “faithfully performed.” Donald Trump appears harassed approximately using “execute.” If you tell anyone to “execute” something, you may mean it within the way gangsters do: Say, which you want Luca Brasi to sleep with the fishes. But there are other linguistic uses of the word. For instance, while the Constitution tells a president to execute the laws, it wants the president to put them into effect. Not kill them.

Such are the idiosyncrasies of the language. Sometimes a word can mean each one thing and its opposite. For example, the police can “take care” of a witness to a criminal offense using making sure she is secure. But then, you can “take care” of a witness in the sense of making sure she never lives to testify. You can see how this kind of thing is probably confusing to a president, especially if he isn’t always overly worried about the English language and is a real estate developer from New York.

After all, culture is context. Funnily enough, the history of presidential impeachment strongly helps the “enforcement” definition of the mandate to “execute” the legal guidelines. The Articles of Impeachment towards Richard Nixon, for example, covered a fee that the president “did not take care that the legal guidelines have been faithfully performed with the aid of failing to behave whilst he knew or had reason to understand that his close subordinates endeavored to obstruct and frustrate lawful inquiries with the aid of duly constituted executive, judicial and legislative entities.”

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And all four of the Articles of Impeachment in opposition to Bill Clinton charged him with violating his constitutional responsibility to take care that the legal guidelines be faithfully achieved. The specifics of the prices protected perjured testimony about his sexual relationships with Monica Lewinsky and Paula Jones and inspiring witnesses to offer false testimony concerning those relationships. Nothing is approximately sleeping with fishes in there.

The need for Congress to get directly into this bit of constitutional interpretation arises maximum lately from Trump’s recommendation to candidates about what they ought to do if they’re approached using representatives of a foreign adversary providing to provide stolen files to assist the candidate get elected. Trump confident America that the FBI director became “incorrect” while he said that such tries by overseas adversaries to meddle in our elections need to be mentioned to law enforcement.

“I’d take” the stolen statistics, stated Trump. And he might file it: “If I idea anything turned into incorrect or badly said, I’d report to the FBI,” he stated in a second-day stroll-returned. The trouble with this function is that it is unlawful for any individual to solicit, take delivery of, or obtain whatever value from a overseas country-wide in connection with a U.S. Election. At the same time, there may be some disagreement in legal circles as to precisely a way to price stolen records—rather than, say, money—most lawyers agree that information is something of fee, especially within the context of a presidential marketing campaign.

Trump’s endorsement of unlawful behavior right here was so egregious that it brought on the chair of the Federal Election Commission to tweet, underneath the heading “I would no longer have the notion that I wished to say this,” that “Electoral intervention from foreign governments has been considered unacceptable because of the beginnings of our kingdom.”

But despite this apparent reality, Trump stated that it’s okay to ignore the law, receive the stolen facts, and simplest then determine for himself whether the facts provided become “wrong or badly said.” Whatever it means. Trump appears to be lacking because the problem with receiving stolen statistics from a foreign adversary about a presidential election is not that the facts may be faulty; however, it is unlawful to accept it within the first location. And it’s unlawful even supposing the records aren’t stolen.

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Eric Banks

Eric Banks

Amateur web advocate. Social media fan. Creator. Bacon ninja. Coffee fanatic. Zombie guru. A real dynamo when it comes to creating marketing channels for squirt guns in Prescott, AZ. Spent high school summers building corncob pipes in Deltona, FL. Crossed the country licensing spit-takes in Jacksonville, FL. My current pet project is deploying corncob pipes for farmers. Uniquely-equipped for lecturing about bassoons in Las Vegas, NV. Managed a small team implementing foreign currency in Tampa, FL.

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