Truth Not Hysteria On Executive Orders

Information can be like a virus and it would seem as if the media promoted disinformation about the recent executive orders has infected the population at large producing hysteria where none needs to exist. Here’s the truth.

Alternatively you can listen to “Truth Not Hysteria on Executive Orders” by KrisAnne Hall on YouTube

Presidential Power Over Immigration

Does the President have authority over immigration?  That question cannot be answered by quoting a particular article, section, and clause.  Only application of proper Constitutional principles will answer that question.

First, we must consider whether immigration is a power even delegated to the federal government.  The answer to that question is yes and no.  The authority to create “an uniform Rule of Naturalization” is vested in the federal government.  However, not everything our federal government currently considers as immigration falls under this delegation.

The power over foreign immigration is delegated through Article 1 section 8 clause 4; “To establish an uniform Rule of Naturalization.”   Because it is delegated under Article 1, we know this power is specifically vested in Congress.  Separation of powers dictates that since the power to establish this Rule is rests in Congress, it cannot be exercised by any other branch.  We can see that the executive branch cannot ESTABLISH the Rule of Naturalization, but what authority does the President have over the naturalization process?

Article 2, section 1, clause 8 tells us the Oath each President must take before he enters into office.  This oath lays the foundation for all executive power:

“I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”

The President’s primary responsibility is to “preserve, protect and defend the Constitution of the United States.”  To fulfill this obligation, the President must exercise the powers delegated to the executive branch, but he also must refuse to exercise any power not delegated.  To exercise power not delegated is destructive to the Constitution and a violation of his oath to preserve, protect and defend the Constitution.

Article 2, section 2, clause 1 lists powers delegated to the executive branch as follows:

  1. Commander in Chief upon declaration of war by Congress;
  2. Opinions in Writing to Congress; and
  3. Reprieves and Pardons except in cases of impeachment.

Article 2, section 2, clauses 2 and 3 continue the list powers delegated to the executive branch:

  1. Treaties with consent of Senate; and
  2. Nominations of certain officers.

Article 2, section 3 concludes the list powers delegated to the executive branch:

  1. State of the Union to Congress;
  2. Under extraordinary circumstances convene Congress;
  3. Receive Ambassadors and other “public Ministers;”
  4. “he shall take Care that the Laws be faithfully executed;” and
  5. Commission all the Officers of the United States.

Although there is no mention of a power over naturalization delegated to the President, it is under the second to last clause of Article 2, section 3 that the President’s authority over all Laws is established.  The President must “take Care” that these “Laws” be faithfully executed; that would include the uniform Rule of Naturalization established by Congress under Article 1, section 8, clause 4.

It is significant to note that in Article 2, section 3 the word “Laws” is capitalized.  This means this terms is referring to specific laws, not just laws in general.  How do we know which “Laws” the President is required to faithfully execute?  We must cross reference this section with the section of the Constitution that defines which Laws are valid pursuant to the Constitution; Article 6, section 2.

“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”

Congress is not authorized to create any law they can imagine nor can they constitutionally establish any law they can get passed by a majority vote and signed by a President.  Congress is limited in their law-making authority to laws that are “made in Pursuance” to the Constitution.  If a power has not been specifically delegated by enumeration to Congress, then the law is unconstitutional.  Alexander Hamilton gives the best explanation of Article 6 section 2 and also offers up a few words of warning:

“There is no position which depends on clearer principles, than that every act of a delegated authority, contrary to the tenor of the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid.” Fed #78

Hamilton is simply explaining that if any legislative act that uses a power not delegated, that law is invalid; it is no law at all.  However, there are consequences to ignoring this essential doctrine.

“To deny this, would be to affirm, that the deputy is greater than his principal; that the servant is above his master; that the representatives of the people are superior to the people themselves; that men acting by virtue of powers, may do not only what their powers do not authorize, but what they forbid.” Fed #78

To allow Congress the authority to create any law they can conceive or any law they can pass through majority, would be to destroy the limited nature of government and establish an arbitrary power transforming our federal government into masters and the people into subjects.  If a legislative act is not rooted in a delegate power, it is not made in pursuance to the Constitution and is no law at all.  In such a case, an essential check and balance upon legislative authority would be the executive’s refusal to execute such a law.  Remember, the President’s oath is to “preserve, protect and defend the Constitution” not preserve, protect, and defend all legislative acts.  The only obligation the President has to a legislative act is to execute only those laws that are made in Pursuance to the Constitution.

Applying these principles, we can see refugee status is not a power delegated to the federal government.  Refugee status is not uniformed and it is not a pathway to Naturalization, therefore the United States Refugee Act is an unconstitutional legislative act.

Therefore, the power the President has over “immigration” is limited to what is established by the Constitution.  The President cannot establish new rules of Naturalization.  He cannot issue waivers to overturn rules of Naturalization that are established in compliance with the Constitution.   The President must faithfully execute the uniform Rule of Naturalization constitutionally created by Congress.  And, the President must also uphold his oath and exercise his duty of checks and balances by refusing to execute any “immigration” laws not made in Pursuance to the Constitution: e.g. congressionally established Refugee Programs.

Is the legislative act Constitutional? The President must faithfully execute.  Is the legislative act unconstitutional? The President must be a check and balance.

Executive Authority over Immigration

It’s not surprising that I have been getting a lot of questions about the President’s authority over immigration. So today we look at the application of the Constitution to determine the power the executive has over immigration.

Note, this show is part 1 of a 2 part series.”

Alternatively you can listen to “Executive Authority Over Immigration” by KrisAnne Hall on YouTube

Remembering and Looking Forward

Today we remember LaVoy Finicum and the compelling imperatives which guides and compels us to continue to forge forward with purpose and conviction: There is still much work to be done to create liberty mindfulness in America.

Alternatively you can listen to this edition of The KrisAnne Hall Show” on YouTube

Is Chaffetz Returning Power, Land To States?

Trump’s presence in the oval office has emboldened conservative voices in Congress. Is this a trend? Maybe principled, vigorous debate will become the norm. Maybe it might even result in legislation that restores the Constitutional balance of power.

Alternatively you can listen to this edition of “The KrisAnne Hall Show” on YouTube

Executive Orders & A CIA Director

Putting Trump’s recent executive orders under the scrutiny of the Constitution. Do these executive orders honor the republic? Do they respect equal protection under the law, or maybe is President Trump possibly getting off on the wrong Constitutional foot. We all have great hope for President Trump but hope is never a good reason for letting our Constitutional guard wane.

Alternatively you can listen to this edition of “The KrisAnne Hall Show” on YouTube

President, Congress & The Proper Placement of Power

The Constitution has defined the office of the president to be limited and defined with the Congress supposed to be a check OVER the president. Today we’ll take a look at how and perhaps why that has changed over the years. What do we have today?

Alternatively you can listen to “President, Congress & The Proper Placement of Power” by KrisAnne Hall on YouTube

Gun Control Is A Gateway Tyranny

Today’s #Point2Ponder:

As we watch a new presidential administration settle into their comfort zone, old issues become new again.  This also means we have a renewed opportunity to bring proper Constitutional education to the mainstream view.  As this new administration begins to address the issues important to the preservation of our Liberty, we must make sure that Liberty education is pervasive so that Liberty principles can not only be secured but also may prosper.

No doubt, the issue of gun control will be one of these Liberty principles addressed by this new administration.  As this principle comes under new scrutiny, this becomes the perfect opportunity to bring truth to the mainstream.

One axiomatic truth is that greater gun control will result in greater loss of Liberty.  Samuel Adams wrote an essay called The Rights of the Colonists:

“Among the natural rights of the Colonists are these: First, a right to life; Secondly, to liberty; Thirdly, to property; together with the right to support and defend them in the best manner they can. These are evident branches of, rather than deductions from, the duty of self-preservation, commonly called the first law of nature.”

Loss of life is the greatest form of loss of Liberty: if you cannot live, no other Liberty exists.  Samuel Adams reminds us the defense of your life is a Natural Right, stemming from the first law of Nature, the duty of self-preservation.  It is a Natural Right because God gave you the gift of life, not government. Did government give you your Life? Who should you have to ask for permission to save your life? If you cannot defend yourself without seeking permission from government first, who is in charge of your life?

If you cannot defend your own life, how do you keep gangsters or government from “mandating” your death or the death of your neighbor?

Yet, when we allow our representatives to establish gun laws or regulations we actually allow government to transform our Natural Righs into a privileges.  When those in government create laws or regulations that operate contrary to these Liberty Principles they not only violate Natural Law but also violate the whole reason government exists.  Remeber what is written in our Declaration of Independence?

“WE hold these Truths to be self-evident: that all Men are created equal; that they are endowed by their creator with certain inalienable rights..that to secure these rights, governments are instituted among men, deriving their just powers from the consent of the governed…”

This Declaration was to serve as a reminder to the government and to the people that the only reason for government to ever exist is to secure the Rights of the people.  For any government to transmute our rights into privileges contradicts the entire purpose of government and violates the first law of Nature. This is why the Declaration makes clear the principle:

“…that whenever any form of government becomes destructive of these ends, it is the right of the people to alter or abolish it, & to institute new government, laying it’s foundation on such principles…”

In America, right now, we have traded our Right to self-preservation for a privilege to self-preservation that is given or taken away at the government’s whim.  In fact many legislators believe we can achieve greater security by limiting the Liberties of the people and expanding government power.  When these representatives create regulations of our Rights contrary to Natural Law, we not only endanger our own lives, but also the lives of our Posterity.  The drafters of our Constitutional Republic knew this, this was the whole reason they threw off their own government.

“Let us remember that if we suffer tamely a lawless attack upon our liberty, we encourage it, and involve others in our doom. It is a very serious consideration, which should deeply impress our minds, that millions yet unborn may be the miserable sharers of the event.”

These laws and regulations do not make us more secure, they make us more enslaved to government. When our ability to defend our lives is transferred to a government agent in a distant location, when the means to secure our lives is piece by piece whittled down to sticks and stones, when we have to ask permission and pay for the privilege to possess the means to preserve our lives we are no longer citizens; we are at best subjects and at worst servile slaves.

Those who established the foundational principles of our Constitutional Republic knew that Liberty must not only be secured for themselves, but also for “ages and millions yet unborn.”  They knew that present acts of legislation, both good and bad, would have a generational, perhaps even an eternal, consequence.  They also knew the greatest threat to Liberty was not the lone tyrant, but the “universal ignorance” of the people.

“For no people will tamely surrender their Liberties, nor can any be easily subdued, when knowledge is diffusd and Virtue is preservd. On the Contrary, when People are universally ignorant, and debauchd in their Manners, they will sink under their own weight without the Aid of foreign Invaders.” Samuel Adams

These timeless truths are why we have a responsibility to direct our representatives and require Liberty First principles. But we must also remember that our Liberty is at peril when we do not take these opportunities to educate each other first.

Take advantage of these new opportunities to educate your fellow man on some time tested truths.  Just as the consequences of an ignorant people can be predicted, we know an educated society will always choose Liberty First.

Here is a one page flier you can hand out

Here is an educational article that teaches the foundational principles of our Right to keep and bear arms:


Trump Spanks DOI & Other New Executive Actions

The Department of Interior is part of the executive branch and after the inauguration a DOI employee tweeted a not so nice message on Twitter about the new boss. Not a very smart career move. Especially if the new boss had a TV show where his favorite thing to say was, “You’re Fired”. But that’s not all. We also talk about the executive orders our new President signed through a Constitutional lens.

To Heal A Nation

What does it take to heal a nation? It certainly feels like our nation needs healing. Many say that we simply need to pray. But is prayer alone the remedy God gives for national healing?

Here’s the recipe God gave in 2 Chronicles:

“If my people, which are called by my name, shall humble themselves, and pray, and seek my face, and turn from their wicked ways; then will I hear from heaven, and will forgive their sin, and will heal their land.” 2 Chron 7:14 KJV

First, the directive is to specific people, those “which are called by my name.” He is calling out to believers. Believers can’t look to others to fix the nation.

Second, there are specific conditions to God’s promise to “heal their land.” To humble oneself is condition number one. That means to bow down and be subdued before God. God’s people must submit themselves to God as King. We cannot do that if we have abandoned God as our provider and protector! Do we run to other sources like government for provisions and protections BEFORE we run to God? We often turn to other places as our ultimate source and authority when we become impatient or are unfamiliar with depending on God. Whatever the reason, it is ultimately a form of idolatry.

As we humble ourselves before God, we pray! We must go to God for wisdom. So many times we seek advice and direction form everyone and from everywhere and forget that God has something to say about each and every situation of our lives. Proverbs 14:12 There is a way which seemeth right unto a man, but the end thereof are the ways of death. We MUST pray if we want healing.

Another condition for healing our land is that we must seek God’s face. The Scripture is clear, “seek ye first the Kingdom of God, and His righteousness, and all these things will be added unto you.” What things? The things that you need to fulfill God’s will and plan in your life. Sometimes there will be a “no” answer, then we are driven back to the “humbling” condition and we must wait upon God, not run to elsewhere. We cannot serve two masters and God will not surrender His sovereignty. Do we live a life of seek ye first the government and its benefits; seek ye first the Kingdom of God, but if he doesn’t answer quick enough seek ye second the government and its benefits or are we really seeking God first?

Think about these questions of dependence and authority in the government arena. Why do we need government permission for our marriages? Isn’t that a relationship between a man, woman, and God? Why do we need government tax breaks and benefits in our marriages and our families? Isn’t God sufficient to meet our financial needs? Why do we need government to teach our children? Doesn’t the Bible teach that we are to “Train up a child in the way he should go: and when he is old, he will not depart from it?” That way, the Bible clarifies is “in the nurture and admonition of the Lord” not worship of and dependence upon government. Not only what but who is teaching our children will determine the “way” they are being raised! While the Bible commands submission to lawful government authority, it does not tolerate replacing God with this earthly authority.

The final condition to the believer is “turn from your wicked ways.” Supporting the status quo will never change anything. This condition requires Christians to do what ever is necessary to turn from evil toward the righteousness of God. Morality matters, integrity matters in voters as well as in political candidates and so much the more in those that are called by His name. Remember that 2 Chronicles 7:14 is a call to believers. God certainly wants all of America to humble themselves, pray, and turn from wickedness. Yet, if only believers would respond, there is enough power in repentance to heal the land.

This process is not an easy, quick fix. Humbling and seeking God’s face, repenting and turning from our wicked ways takes public action; it takes discomfort; it requires becoming uncomfortable. Uncomfortable with our own sin. Uncomfortable with our own comfort. It’s not prayer alone, but pray in concert with repentance and a dependent faith on God. This is initially painful, but we must take care not to become so comfortable that we no longer need the Comforter.

America needs healing. There are many things that can and should be done, but we can’t neglect God’s remedy for healing. While some of this remedy may be uncomfortable there is one thing we know from history: We will choose to be discomforted for the glory of God and the preservation of Liberty now, or we will be forced into discomfort by persecution. Will you choose God now, or will you seek Him later when the discomfort is forced upon you? God says there will be a day when we will seek Him but He will not be found. Let us hope that America has not entered into those days already.

This is a Kingdom battle. Choose you this day, my dear Christian friends, the promises of The Comforter over personal comfort. As for me and my house, we choose the Lord and where the Spirit of the Lord is, there is #Liberty!