Article II Section II - Presidential powers

[DennisLeeWilson]

From: DennisLeeWilson-Ariz-Wyo  (Original Message) Sent: 1/31/2003 11:25 AM

The Constitution of the Confederate States of America.

In framing the Constitution of the Confederate States, the authors adopted, with numerous elisions and additions, the language of the Constitution of the United States, and followed the same order of arrangement of articles and sections. The changes made in this adaptation of the old Constitution are here shown. The parts stricken out are enclosed in [ ] brackets, and the new matter added in framing the Confederate Constitution is printed in italics.

ARTICLE II.

SECTION II.

The President shall be Commander in Chief of the Army and Navy of the [United] Confederate States, and of the Militia of the several States, when called into the actual Service of the [United] Confederate States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offences against the [United] Confederate States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the [United] Confederate States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments. The principal officer in each of the executive departments, and all persons connected with the diplomatic service, may be removed from office at the pleasure of the President. All other civil officers of the executive department may be removed at any time by the President, or other appointing power, when their services are unnecessary, or for dishonesty, incapacity, inefficiency, misconduct, or neglect of duty; and when so removed, the removal shall be reported to the Senate, together with the reasons therefor.

The President shall have Power to fill [up] all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.
 

[DennisLeeWilson]

From: DennisLeeWilson-Ariz-Wyo Sent: 4/6/2003 7:17 PM

President Lincoln managed to violate every provision and prohibition in the Constitution (The Real Lincoln by Thomas DiLorenzo). It dawned on me that he was able to do this because the military reported to him! The Constitutional division of powers was INSUFFICIENT to prevent President Lincoln from arresting newspaper editors, members of Congress, members of the Maryland state legislature and ignoring a Supreme Court order because he was Commander-in-Chief of all Military Forces!!

I suggest that the president SHOULD NOT BE the civilian head of the military.

In searching for a less powerful position where this power could reside, I concluded that the House of Representatives (each member of which is up for election every two years) should select one of their own members to be Commander-in-Chief of Military Forces for a two year term, that he could never hold the post a second time, that he is subject to recall/replacement by majority vote of the House of Representatives and that he could not chair any committee while holding the post.

Perhaps, that would be a sufficient additional separation of powers. Perhaps he should only serve a single, one year term.

See the discussion thread "How can a President be held to the Constitution" for further details and discussion.

Dennis Wilson
 

[DennisLeeWilson]

From: DennisLeeWilson-Ariz-Wyo Sent: 7/3/2003 8:41 PM
 
If the Commander in Chief is to be removed from the presidential powers, so also should the power to commission military officers (Article II, Section III).
 
The phrase ", and shall Commission all the officers of the [United] Confederate States" should be removed from Article II, Section III.