The Supreme Court ruled directly on this subject in the early days of our Country, when the Founders' intentions were fresh and clear in people's minds. The case involved the President going against a duly-enacted Law of Congress, regarding a military action in a time of semi-declared war. And the Supreme Court ruled that the President's actions were illegal, because they violated this law enacted by Congress.
Chief Justice Marshall wrote, "On an appeal to the circuit court this sentence was reversed, because the Flying Fish was on a voyage from, not to, a French port, and was therefore, had she even been an American vessel, not liable to capture on the high seas."
And by writing this, Chief Justice Marshall provides us today with the answer to a question which was never even asked when the Founders wrote the Constitution, because it was obvious to everybody then that Acts of Congress were more authoritative than anything the President might want to do. Congress makes the laws, the President faithfully executes them. And if he fails to do so, Congress can remove him from office.
You can read this entire case at
LITTLE v. BARREME, 6 U.S. 170 (1804): http://laws.findlaw.com/us/6/170.html
Source: IMBALANCE OF POWERS - Constitutional Interpretation and the Making of American Foreign Policy, by Gordon Silverstein, New York Oxford OXFORD UNIVERSITY PRESS 1997
Blessings to you. May God help us all. And may God bless America!
Rev. Bill McGinnis, Director - LoveAllPeople.org
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