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Rick Smith
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Federal Level

At the Federal level, the thinking that the President is the ultimate law enforcement officer holds true in most circumstances because of the theory of the Unitary Executive, which holds that all executive power is vested in the President, and and his/her discretion is ceded to functional officers and underlings. But it's through the vesting of executive power, and Presidential discretion that officers can wield this power. What can be discretionarily given can be, at the President's discretion, need not even be reclaimed, because it's never fully given.

The Vesting Clause of Article II provides, "The executive Power [of the United States] shall be vested in a President of the United States of America." Proponents of the unitary executive theory argue that this language, along with the Take Care Clause ("The President shall take care that the laws be faithfully executed ..."), creates a "hierarchical, unified executive department under the direct control of the President."

and

Proponents of a strongly unitary theory argue that the president possesses all of the executive power and can therefore control subordinate officers and agencies of the executive branch.[3]

State Level

At the state level, barring Federal Preemption due to the Supremacy clause and case law, federalism considers the States to be the supreme. Whether the governor or attorney general in those instances would hold the post, would be determined by the nature of the State's constitution if they held a "plural executive".

But in the absence of federal law, or when a state law would provide more protections for consumers, employees, and other residents than what is available under existing federal law, state law holds.

Who is the Head Honcho?

So we have two conflicting spheres of influence, although where they overlap, the Federal level is usually supreme. However, no discussion of this would be complete without a discussion on the People's right to "alter or to abolish (their government)it, a natural right elucidated in the Declaration, and adopted as part of the Natural Laws of the US. This natural right was further ensconced in Article 4 Section 4 of the Constitution on what "Republicanism" means. This means, as far as crimes committed by the State onto the people, the people are firmly in charge.

The Founding Fathers reached consensus that republicanism contains a provision to abolish and reform the government under new foundational laws. The means to do so exist through amendment, Convention or revolution, and the authority to do so resides in the people. For more on this topic I refer you to The Federalist Papers, No. 28, for the right to revolt, number 6 in the list below, and Fed 39 for the rest.

While there are 7 small "r" republican principles that came out of the Constitution ratifying process, undefined but assumed in Article 4 of the ConstitutionArticle 4 of the Constitution I am only listing the one relevant to the point on revolution:

6. The government acknowledges the final right of the People to alter or abolish it whenever it usurps the rights for which it was instituted by the People to administer God’s Law.

Federal Level

At the Federal level, the thinking that the President is the ultimate law enforcement officer holds true in most circumstances because of the theory of the Unitary Executive, which holds that all executive power is vested in the President, and and his/her discretion is ceded to functional officers and underlings. But it's through the vesting of executive power, and Presidential discretion that officers can wield this power. What can be discretionarily given can be, at the President's discretion, need not even be reclaimed, because it's never fully given.

The Vesting Clause of Article II provides, "The executive Power [of the United States] shall be vested in a President of the United States of America." Proponents of the unitary executive theory argue that this language, along with the Take Care Clause ("The President shall take care that the laws be faithfully executed ..."), creates a "hierarchical, unified executive department under the direct control of the President."

and

Proponents of a strongly unitary theory argue that the president possesses all of the executive power and can therefore control subordinate officers and agencies of the executive branch.[3]

State Level

At the state level, barring Federal Preemption due to the Supremacy clause and case law, federalism considers the States to be the supreme. Whether the governor or attorney general in those instances would hold the post, would be determined by the nature of the State's constitution if they held a "plural executive".

But in the absence of federal law, or when a state law would provide more protections for consumers, employees, and other residents than what is available under existing federal law, state law holds.

Who is the Head Honcho?

So we have two conflicting spheres of influence, although where they overlap, the Federal level is usually supreme. However, no discussion of this would be complete without a discussion on the People's right to "alter or to abolish (their government)it, a natural right elucidated in the Declaration, and adopted as part of the Natural Laws of the US. This natural right was further ensconced in Article 4 Section 4 of the Constitution on what "Republicanism" means. This means, as far as crimes committed by the State onto the people, the people are firmly in charge.

The Founding Fathers reached consensus that republicanism contains a provision to abolish and reform the government under new foundational laws. The means to do so exist through amendment, Convention or revolution, and the authority to do so resides in the people. For more on this topic I refer you to The Federalist Papers, No. 28, for the right to revolt, number 6 in the list below, and Fed 39 for the rest.

While there are 7 small "r" republican principles that came out of the Constitution ratifying process, undefined but assumed in Article 4 of the Constitution I am only listing the one relevant to the point on revolution:

6. The government acknowledges the final right of the People to alter or abolish it whenever it usurps the rights for which it was instituted by the People to administer God’s Law.

Federal Level

At the Federal level, the thinking that the President is the ultimate law enforcement officer holds true in most circumstances because of the theory of the Unitary Executive, which holds that all executive power is vested in the President, and and his/her discretion is ceded to functional officers and underlings. But it's through the vesting of executive power, and Presidential discretion that officers can wield this power. What can be discretionarily given can be, at the President's discretion, need not even be reclaimed, because it's never fully given.

The Vesting Clause of Article II provides, "The executive Power [of the United States] shall be vested in a President of the United States of America." Proponents of the unitary executive theory argue that this language, along with the Take Care Clause ("The President shall take care that the laws be faithfully executed ..."), creates a "hierarchical, unified executive department under the direct control of the President."

and

Proponents of a strongly unitary theory argue that the president possesses all of the executive power and can therefore control subordinate officers and agencies of the executive branch.[3]

State Level

At the state level, barring Federal Preemption due to the Supremacy clause and case law, federalism considers the States to be the supreme. Whether the governor or attorney general in those instances would hold the post, would be determined by the nature of the State's constitution if they held a "plural executive".

But in the absence of federal law, or when a state law would provide more protections for consumers, employees, and other residents than what is available under existing federal law, state law holds.

Who is the Head Honcho?

So we have two conflicting spheres of influence, although where they overlap, the Federal level is usually supreme. However, no discussion of this would be complete without a discussion on the People's right to "alter or to abolish (their government)it, a natural right elucidated in the Declaration, and adopted as part of the Natural Laws of the US. This natural right was further ensconced in Article 4 Section 4 of the Constitution on what "Republicanism" means. This means, as far as crimes committed by the State onto the people, the people are firmly in charge.

The Founding Fathers reached consensus that republicanism contains a provision to abolish and reform the government under new foundational laws. The means to do so exist through amendment, Convention or revolution, and the authority to do so resides in the people. For more on this topic I refer you to The Federalist Papers, No. 28, for the right to revolt, number 6 in the list below, and Fed 39 for the rest.

While there are 7 small "r" republican principles that came out of the Constitution ratifying process, undefined but assumed in Article 4 of the Constitution I am only listing the one relevant to the point on revolution:

6. The government acknowledges the final right of the People to alter or abolish it whenever it usurps the rights for which it was instituted by the People to administer God’s Law.

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Federal Level

At the Federal level, the thinking that the President is the ultimate law enforcement officer holds true in most circumstances because of the theory of the Unitary Executive, which holds that all executive power is vested in the President, and and his/her discretion is ceded to functional officers and underlings. But it's through the vesting of executive power, and Presidential discretion that officers can wield this power. What can be discretionarily given can be, at the President's discretion, need not even be reclaimed, because it's never fully given.

The Vesting Clause of Article II provides, "The executive Power [of the United States] shall be vested in a President of the United States of America." Proponents of the unitary executive theory argue that this language, along with the Take Care Clause ("The President shall take care that the laws be faithfully executed ..."), creates a "hierarchical, unified executive department under the direct control of the President."

and

Proponents of a strongly unitary theory argue that the president possesses all of the executive power and can therefore control subordinate officers and agencies of the executive branch.[3]

State Level

At the state level, barring Federal Preemption due to the Supremacy clause and case law, federalism considers the States to be the supreme. Whether the governor or attorney general in those instances would hold the post, would be determined by the nature of the State's constitution if they held a "plural executive".

But in the absence of federal law, or when a state law would provide more protections for consumers, employees, and other residents than what is available under existing federal law, state law holds.

Who is the Head Honcho?

So we have two conflicting spheres of influence, although where they overlap, the Federal level is usually supreme. However, no discussion of this would be complete without a discussion on the People's right to "alter or to abolish (their government)it, a natural right elucidated in the Declaration, and adopted as part of the Natural Laws of the US. This natural right was further ensconced in Article 4 Section 4 of the Constitution on what "Republicanism" means. This means, as far as crimes committed by the State onto the people, the people are firmly in charge.

The Founding Fathers reached consensus that republicanism contains a provision to abolish and reform the government under new foundational laws. The means to do so exist through amendment, Convention or revolution, and the authority to do so resides in the people. For more on this topic I refer you to The Federalist Papers, No. 28, for the right to revolt, number 6 in the list below, and Fed 39 for the rest.

HereWhile there are the 7 small "r" republican principles that came out of the Constitution ratifying process, undefined but assumed in Article 4 of the Constitution I am only listing the one relevant to the point on revolution:

  1. There is a strict separation of powers, horizontally and vertically.

  2. The government is run by officers governing for a term and only during good behavior.

  3. Offices are selected by our election, and not by the appointment of the government itself.

  4. The government recognizes that power resides originally in the People (immediately from God).

  5. There is a deliberativeness in action and that it is, by the checks and balances, not subject to the whimsical fancy of a few.

6. The government acknowledges the final right of the People to alter or abolish it whenever it usurps the rights for which it was instituted by the People to administer God’s Law.

  1. The government does not grant entitlements.

Federal Level

At the Federal level, the thinking that the President is the ultimate law enforcement officer holds true in most circumstances because of the theory of the Unitary Executive, which holds that all executive power is vested in the President, and and his/her discretion is ceded to functional officers and underlings. But it's through the vesting of executive power, and Presidential discretion that officers can wield this power. What can be discretionarily given can be, at the President's discretion, need not even be reclaimed, because it's never fully given.

The Vesting Clause of Article II provides, "The executive Power [of the United States] shall be vested in a President of the United States of America." Proponents of the unitary executive theory argue that this language, along with the Take Care Clause ("The President shall take care that the laws be faithfully executed ..."), creates a "hierarchical, unified executive department under the direct control of the President."

and

Proponents of a strongly unitary theory argue that the president possesses all of the executive power and can therefore control subordinate officers and agencies of the executive branch.[3]

State Level

At the state level, barring Federal Preemption due to the Supremacy clause and case law, federalism considers the States to be the supreme. Whether the governor or attorney general in those instances would hold the post, would be determined by the nature of the State's constitution if they held a "plural executive".

But in the absence of federal law, or when a state law would provide more protections for consumers, employees, and other residents than what is available under existing federal law, state law holds.

Who is the Head Honcho?

So we have two conflicting spheres of influence, although where they overlap, the Federal level is usually supreme. However, no discussion of this would be complete without a discussion on the People's right to "alter or to abolish (their government)it, a natural right elucidated in the Declaration, and adopted as part of the Natural Laws of the US. This natural right was further ensconced in Article 4 Section 4 of the Constitution on what "Republicanism" means. This means, as far as crimes committed by the State onto the people, the people are firmly in charge.

The Founding Fathers reached consensus that republicanism contains a provision to abolish and reform the government under new foundational laws. The means to do so exist through amendment, Convention or revolution, and the authority to do so resides in the people. For more on this topic I refer you to The Federalist Papers, No. 28, for the right to revolt, number 6 in the list below, and Fed 39 for the rest.

Here are the 7 small "r" republican principles that came out of the Constitution ratifying process, undefined but assumed in Article 4 of the Constitution:

  1. There is a strict separation of powers, horizontally and vertically.

  2. The government is run by officers governing for a term and only during good behavior.

  3. Offices are selected by our election, and not by the appointment of the government itself.

  4. The government recognizes that power resides originally in the People (immediately from God).

  5. There is a deliberativeness in action and that it is, by the checks and balances, not subject to the whimsical fancy of a few.

6. The government acknowledges the final right of the People to alter or abolish it whenever it usurps the rights for which it was instituted by the People to administer God’s Law.

  1. The government does not grant entitlements.

Federal Level

At the Federal level, the thinking that the President is the ultimate law enforcement officer holds true in most circumstances because of the theory of the Unitary Executive, which holds that all executive power is vested in the President, and and his/her discretion is ceded to functional officers and underlings. But it's through the vesting of executive power, and Presidential discretion that officers can wield this power. What can be discretionarily given can be, at the President's discretion, need not even be reclaimed, because it's never fully given.

The Vesting Clause of Article II provides, "The executive Power [of the United States] shall be vested in a President of the United States of America." Proponents of the unitary executive theory argue that this language, along with the Take Care Clause ("The President shall take care that the laws be faithfully executed ..."), creates a "hierarchical, unified executive department under the direct control of the President."

and

Proponents of a strongly unitary theory argue that the president possesses all of the executive power and can therefore control subordinate officers and agencies of the executive branch.[3]

State Level

At the state level, barring Federal Preemption due to the Supremacy clause and case law, federalism considers the States to be the supreme. Whether the governor or attorney general in those instances would hold the post, would be determined by the nature of the State's constitution if they held a "plural executive".

But in the absence of federal law, or when a state law would provide more protections for consumers, employees, and other residents than what is available under existing federal law, state law holds.

Who is the Head Honcho?

So we have two conflicting spheres of influence, although where they overlap, the Federal level is usually supreme. However, no discussion of this would be complete without a discussion on the People's right to "alter or to abolish (their government)it, a natural right elucidated in the Declaration, and adopted as part of the Natural Laws of the US. This natural right was further ensconced in Article 4 Section 4 of the Constitution on what "Republicanism" means. This means, as far as crimes committed by the State onto the people, the people are firmly in charge.

The Founding Fathers reached consensus that republicanism contains a provision to abolish and reform the government under new foundational laws. The means to do so exist through amendment, Convention or revolution, and the authority to do so resides in the people. For more on this topic I refer you to The Federalist Papers, No. 28, for the right to revolt, number 6 in the list below, and Fed 39 for the rest.

While there are 7 small "r" republican principles that came out of the Constitution ratifying process, undefined but assumed in Article 4 of the Constitution I am only listing the one relevant to the point on revolution:

6. The government acknowledges the final right of the People to alter or abolish it whenever it usurps the rights for which it was instituted by the People to administer God’s Law.

added 78 characters in body
Source Link
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Federal Level

At the Federal level, the thinking that the President is the ultimate law enforcement officer holds true in most circumstances because of the theory of the Unitary Executive, which holds that all executive power is vested in the President, and and his/her discretion is ceded to functional officers and underlings. But it's through the vesting of executive power, and Presidential discretion that officers can wield this power. What can be discretionarily given can be, at the President's discretion, need not even be reclaimed, because it's never fully given.

The Vesting Clause of Article II provides, "The executive Power [of the United States] shall be vested in a President of the United States of America." Proponents of the unitary executive theory argue that this language, along with the Take Care Clause ("The President shall take care that the laws be faithfully executed ..."), creates a "hierarchical, unified executive department under the direct control of the President."

and

Proponents of a strongly unitary theory argue that the president possesses all of the executive power and can therefore control subordinate officers and agencies of the executive branch.[3]

State Level

At the state level, barring Federal Preemption due to the Supremacy clause and case law, federalism considers the States to be the supreme. Whether the governor or attorney general in those instances would hold the post, would be determined by the nature of the State's constitution if they held a "plural executive".

But in the absence of federal law, or when a state law would provide more protections for consumers, employees, and other residents than what is available under existing federal law, state law holds.

Who is the Head Honcho?

So we have two conflicting spheres of influence, although where they overlap, the Federal level is usually supreme. However, no discussion of this would be complete without a discussion on the People's right to "alter or to abolish (their government)it, a natural right elucidated in the Declaration, and adopted as part of the Natural Laws of the US. This natural right was further ensconced in Article 4 Section 4 of the Constitution on what "Republicanism" means. This means, as far as crimes committed by the State onto the people, the people are firmly in charge.

The Founding Fathers reached consensus that republicanism contains a provision to abolish and reform the government under new foundational laws. The means to do so exist through amendment, Convention or revolution, and the authority to do so resides in the people. For more on this topic I refer you to The Federalist Papers, No. 28, for the right to revolt, number 6 in the list below, and Fed 39 for the rest.

Here are the 7 small "r" republican principles that came out of the Constitution ratifying process, undefined but assumed in Article 4 of the Constitution:

  1. There is a strict separation of powers, horizontally and vertically.

  2. The government is run by officers governing for a term and only during good behavior.

  3. Offices are selected by our election, and not by the appointment of the government itself.

  4. The government recognizes that power resides originally in the People (immediately from God).

  5. There is a deliberativeness in action and that it is, by the checks and balances, not subject to the whimsical fancy of a few.

6. The government acknowledges the final right of the People to alter or abolish it whenever it usurps the rights for which it was instituted by the People to administer God’s Law.

  1. The government does not grant entitlements.

Federal Level

At the Federal level, the thinking that the President is the ultimate law enforcement officer holds true in most circumstances because of the theory of the Unitary Executive, which holds that all executive power is vested in the President, and and his/her discretion is ceded to functional officers and underlings. But it's through the vesting of executive power, and Presidential discretion that officers can wield this power. What can be discretionarily given can be, at the President's discretion, need not even be reclaimed, because it's never fully given.

The Vesting Clause of Article II provides, "The executive Power [of the United States] shall be vested in a President of the United States of America." Proponents of the unitary executive theory argue that this language, along with the Take Care Clause ("The President shall take care that the laws be faithfully executed ..."), creates a "hierarchical, unified executive department under the direct control of the President."

and

Proponents of a strongly unitary theory argue that the president possesses all of the executive power and can therefore control subordinate officers and agencies of the executive branch.[3]

State Level

At the state level, barring Federal Preemption due to the Supremacy clause and case law, federalism considers the States to be the supreme. Whether the governor or attorney general in those instances would hold the post, would be determined by the nature of the State's constitution if they held a "plural executive".

But in the absence of federal law, or when a state law would provide more protections for consumers, employees, and other residents than what is available under existing federal law, state law holds.

Who is the Head Honcho?

So we have two conflicting spheres of influence, although where they overlap, the Federal level is usually supreme. However, no discussion of this would be complete without a discussion on the People's right to "alter or to abolish (their government)it, a natural right elucidated in the Declaration, and adopted as part of the Natural Laws of the US. This natural right was further ensconced in Article 4 Section 4 of the Constitution on what "Republicanism" means. This means, as far as crimes committed by the State onto the people, the people are firmly in charge.

The Founding Fathers reached consensus that republicanism contains a provision to abolish and reform the government under new foundational laws. The means to do so exist through amendment, Convention or revolution, and the authority to do so resides in the people. For more on this topic I refer you to The Federalist Papers, No. 28.

Here are the 7 small "r" republican principles that came out of the Constitution ratifying process, undefined but assumed in Article 4 of the Constitution:

  1. There is a strict separation of powers, horizontally and vertically.

  2. The government is run by officers governing for a term and only during good behavior.

  3. Offices are selected by our election, and not by the appointment of the government itself.

  4. The government recognizes that power resides originally in the People (immediately from God).

  5. There is a deliberativeness in action and that it is, by the checks and balances, not subject to the whimsical fancy of a few.

6. The government acknowledges the final right of the People to alter or abolish it whenever it usurps the rights for which it was instituted by the People to administer God’s Law.

  1. The government does not grant entitlements.

Federal Level

At the Federal level, the thinking that the President is the ultimate law enforcement officer holds true in most circumstances because of the theory of the Unitary Executive, which holds that all executive power is vested in the President, and and his/her discretion is ceded to functional officers and underlings. But it's through the vesting of executive power, and Presidential discretion that officers can wield this power. What can be discretionarily given can be, at the President's discretion, need not even be reclaimed, because it's never fully given.

The Vesting Clause of Article II provides, "The executive Power [of the United States] shall be vested in a President of the United States of America." Proponents of the unitary executive theory argue that this language, along with the Take Care Clause ("The President shall take care that the laws be faithfully executed ..."), creates a "hierarchical, unified executive department under the direct control of the President."

and

Proponents of a strongly unitary theory argue that the president possesses all of the executive power and can therefore control subordinate officers and agencies of the executive branch.[3]

State Level

At the state level, barring Federal Preemption due to the Supremacy clause and case law, federalism considers the States to be the supreme. Whether the governor or attorney general in those instances would hold the post, would be determined by the nature of the State's constitution if they held a "plural executive".

But in the absence of federal law, or when a state law would provide more protections for consumers, employees, and other residents than what is available under existing federal law, state law holds.

Who is the Head Honcho?

So we have two conflicting spheres of influence, although where they overlap, the Federal level is usually supreme. However, no discussion of this would be complete without a discussion on the People's right to "alter or to abolish (their government)it, a natural right elucidated in the Declaration, and adopted as part of the Natural Laws of the US. This natural right was further ensconced in Article 4 Section 4 of the Constitution on what "Republicanism" means. This means, as far as crimes committed by the State onto the people, the people are firmly in charge.

The Founding Fathers reached consensus that republicanism contains a provision to abolish and reform the government under new foundational laws. The means to do so exist through amendment, Convention or revolution, and the authority to do so resides in the people. For more on this topic I refer you to The Federalist Papers, No. 28, for the right to revolt, number 6 in the list below, and Fed 39 for the rest.

Here are the 7 small "r" republican principles that came out of the Constitution ratifying process, undefined but assumed in Article 4 of the Constitution:

  1. There is a strict separation of powers, horizontally and vertically.

  2. The government is run by officers governing for a term and only during good behavior.

  3. Offices are selected by our election, and not by the appointment of the government itself.

  4. The government recognizes that power resides originally in the People (immediately from God).

  5. There is a deliberativeness in action and that it is, by the checks and balances, not subject to the whimsical fancy of a few.

6. The government acknowledges the final right of the People to alter or abolish it whenever it usurps the rights for which it was instituted by the People to administer God’s Law.

  1. The government does not grant entitlements.
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