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  #61 (permalink)  
Old 09-July-2009, 03:50 PM
Gawdzilla Gawdzilla is offline
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Just as a nitpick, I don't think presidents have the power to repeal laws. Maybe Jefferson orchestrated its repeal or it was repealed under Jefferson.
That would be the long answer.
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Old 09-July-2009, 05:16 PM
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Just as a nitpick, I don't think presidents have the power to repeal laws. Maybe Jefferson orchestrated its repeal or it was repealed under Jefferson.
Although you are correct - US presidents don't have the power to repeal statutes*, in this case, Jefferson didn't have to do anything for the Act to expire. It self-expired in 1801. Jefferson did pardon those found guilty under the Act, however.

* Debatable. There is nothing in the US Constitution that gives the power to decide constitutionality of laws exclusively to the Supreme Court, or to any branch. Chief Justice John Marshall took that power for the Court on his own and it has become a permanent feature of US constitutional law ever since. Many argue that, because the president has the sworn duty to uphold the constitution, he or she can invalidate laws as unconstitutional as well.
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Old 09-July-2009, 06:56 PM
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Although you are correct - US presidents don't have the power to repeal statutes*, in this case, Jefferson didn't have to do anything for the Act to expire. It self-expired in 1801. Jefferson did pardon those found guilty under the Act, however.

* Debatable. There is nothing in the US Constitution that gives the power to decide constitutionality of laws exclusively to the Supreme Court, or to any branch. Chief Justice John Marshall took that power for the Court on his own and it has become a permanent feature of US constitutional law ever since. Many argue that, because the president has the sworn duty to uphold the constitution, he or she can invalidate laws as unconstitutional as well.
Based on what I've read, there was much debate at the Convention about whether or not to give the Executive--this was before they'd settled on how the Executive was going to be structured--the authority to directly repeal laws, and they could not get a majority agreement. Madison very much wanted it, but not much of anyone else seemed to. While the Constitution does not directly say that it can't, the Framers very clearly didn't want the Executive to have the authority.
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Old 09-July-2009, 08:24 PM
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Based on what I've read, there was much debate at the Convention about whether or not to give the Executive--this was before they'd settled on how the Executive was going to be structured--the authority to directly repeal laws, and they could not get a majority agreement. Madison very much wanted it, but not much of anyone else seemed to. While the Constitution does not directly say that it can't, the Framers very clearly didn't want the Executive to have the authority.
Interesting. Perhaps that is why the argument hasn't gained much traction.
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Old 10-July-2009, 12:42 AM
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Interesting. Perhaps that is why the argument hasn't gained much traction.
I found it so, yes. As part of my eternal quest to read as many books whose authors appear on The Daily Show as I can, I sought one called Plain, Honest Men. Richard Beeman. I can highly recommend it, and I found it very useful for understanding why things are the way they are. Actually, Madison wanted the Executive to have the power to veto all laws, state and federal.
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Old 10-July-2009, 04:23 AM
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That would be the long answer.
Yes, I see that now. It looks like I've opened up a can of worms here.
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Old 10-July-2009, 09:37 AM
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Yes, I see that now. It looks like I've opened up a can of worms here.
Not at all. I find the diversion more interesting and preferable to the original topic.
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