Update: How Can The President Make Law?

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Everybody likes to talk about his or her Constitutional rights or their rights as enumerated in the Constitution of the United States of America. It’s a common talking point and is declared many times by many people. It is also, unfortunately, brought up many times in the wrong venue. What I mean by that is there are actually places or venues in this country where you have absolutely no Constitutional rights and our elected leaders do not have to observe the limits imposed on them by this document. But I digress. The structure of this incredible document is set out in its preamble. The preamble reads:

We the People of the United States, in Order to form a more perfect Union, establish Justice, insure domestic Tranquillity, provide for the common defense, promote the general Welfare, and secure the Blessings of Liberty to ourselves and our Posterity, do ordain and establish this Constitution for the United States of America.”

It sounds really special doesn’t it? It sounds special because it is. Because of this document “We the People” have some very important and singular enumerated rights.  But first, notice where the authority for our Constitution lies. The authority lies in us, “We the People.” None of the authority of our God given rights lies in or is given to us by the government. The government grants us no rights at all. They can only grant us privileges, which they can revoke at any time. Our founding fathers knew all of this; they also knew that most government, given enough time, would revert to tyranny. Because of this fact our Constitution was crafted to be a singular piece of genius in the annals of world governments. This undeniable fact is a major point most people completely miss. The other point missed is the fact that the Constitution prohibits or limits the authority of the legislative, judicial and executive branches of our government over us, “We the People.” It not only enumerates what the government has the authority to do it enumerates what they cannot do. It is very clear on both of these points. Our founders made sure of that. So what happened? Well that an interesting question and I don’t think you are going to like the answer. But first a little background.

Who makes law in our government? It is clear that the only branch of government dedicated to that task in the Constitution is the legislative branch our representatives in Congress and the Senate. Once voted on and passed in both houses all legislation is then sent to the executive branch for signature to enact it. The executive branch only has veto power as a balance but generally this rarely happens.

That all being said, I want to ask you readers a question. Since all the above is true where in our founding document is the authority given to the executive branch to make binding law without the approval of the house of representatives and senate; without your approval? Read the Constitution and see if you can find the provision. I’ll help you out; you won’t find it because it doesn’t exist.

Then how can the president enact law? He can he do this and much more with the stroke of a pen by setting out what is called an “executive order.” Here is a link to some of the latest executive orders signed into law in the gun control battle. These are binding laws that were never voted on in either house and yet were enacted without your approval. Nevertheless, they are, once written, the law of the land. Here are the latest ones.


For everyone reading this, the questions you should be interested in answering are: How is all of this possible? What authority subjugated my rights and authority under our Constitution? Is the Constitution even active? If not when did it stop? Why did it stop? How did this happen? You can make this a fun exercise by calling your congressman and senator and ask him or her these same questions. When you ask you will no doubt hear them or their staff dance around your question hoping you will get confused. Why would they do that? They are going to do that because they don’t want you to know the real answer. If you do some research, however, on executive orders you can begin find out the answers. Once you find the answers to those answers those answers will bring to light another set of questions. I’ll give you some help. Go onto Google and look up and read Proclamation No. 2039 and Senate Report 93-549.

To end this article I have added the following tidbit that was written by Al Barcroft an exceptionally bright attorney who is very familiar with exactly what is going on and why. When he was asked if Barrack Obama was acting unconstitutionally and ignoring the Constitution by making law he replied:

First, Barrack Obama is not operating unconstitutionally. Second, we have been under Martial law since at least 1933. Third, these two facts do not relate to each other. (Read Proclamation No. 2039andSenate Report 93-549)

The Constitution grants two types of authority. One type, Article III, for the sovereign American people [those who fought King George III and seized sovereignty by conquest] is common law in nature, and is memorialized primarily in Articles One through Ten of the Articles of Amendment to the Constitution [the Bill of Rights].  Anything Congress can vote on cannot affect this authority nor the people entitled to this authority [except by their consent].

The other type, Article I Section 8, is for those not entitled to the Rights protected by the Constitution. At the time of the adoption of the Constitution, only those who were then citizens of one of the several states, and their posterity, became members of this new sovereign [Dred Scott, standing case law]. Those who had supported the British [many more than fought against them], Indians, blacks, new immigrants, and even women [although second generation women were sovereign under the law], were NOT citizens of one of the several states.  Article I Section 8 was for them. At Article I Section 8, the Congress is granted full legislative authority over Washington, D.C., the territories, and possessions, but not over the several states.  This grant of authority is political, not geographical in nature; therefore, one subject to this authority would be subject to it wherever he/she might be.  The Statutes at large and ALL law passed by the Congress was for these subjects, nobody else.

In 1868 with the passing of the 14th Amendment, a new group of people, the freed salves, were added to this group; and, a new name was given, citizen of the United States. At the same point in time, Congress passed a law that allowed expatriation from the effects of the 14th Amendment thereby avoiding involuntary servitude. The 14th Amendment did not convey full Constitutional rights, only those privileges and immunities actually memorialized within the14th Amendment itself.

In 1935, Congress passed a bill [Social Security Act] that allowed those not otherwise covered and benefited by the 14th Amendment to join in the benefits.  To do so, it would be necessary to voluntarily waive anything else that person might be entitled to because citizenship of the United States makes one subject of/to the United States; and, is therefore, exclusive of any other authority.

Obama — and every President since Franklin Roosevelt —  operates solely under Article I Section 8 authority. His subjects are former slaves with no standing other than citizen of the United States [so what would they be if they expatriated?]; or those who have chosen to be governed under Article I Section 8 by their own consent. A method of expatriation is provided, so the servitude is totally voluntary. Therefore, Obama is not operating in an unconstitutional manner. He operates outside the Constitution by the consent of those he governs.

The exact same scenario applies in the judicial system. That’s why they have no jurisdiction over you unless you have taken a social security number, thereby accepting the benefits and agreeing to voluntary compliance”. 

Aint that a kick in the teeth?


© Richard Woodling 2014