Biden & Harris Are In Violation Of Constitutional Separation Of Powers …

by Barry Weinstein –

… Clause(s) of the U.S. Constitution by its delineation of the 3 branches of the Federal Government and it is way more clearly stated by the various State Constitutions; see below.

Do Not Vote For Lawyers!

President Trump is in fact the only Constitutionally Legitimate & United States Natural Born Citizen to be in contention for the Executive Branch of the Federal Government Office of the President of The United States of America.

Donald J. Trump does not belong to or constitute either of the other two branches of the Federal Government.

Trump is not a lawyer. As such he does not belong to the Judicial Branch or have any of the Privileges & Rights & Licenses that lawyers are entitled too or are required to have. Lawyers are obligated to take an Oath of fealty to the Courts for whom they are Officers of.

Trump is Not a legislator either.

President Trump was / is a remarkably successful businessman.

President Trump, a Republican, naturally builds things, it is in his / their nature.

The two Democrats are both lawyers, Officers of the Courts, democrats naturally destroy things as it is in their nature as Democrats, they believe that “if it works try something else”. That destruction is self-evident when reviewing the 47 years of the Biden history.

Think about the jobs lost to China & Mexico etc. thanks to the policies of the Democrats & of course Joe Biden during his 47 years in government destroying America first.

Harris has Not been there that long. Yet, she supports the Antifa & BLM socialist terrorist poison by promoting the Bail Projects securing the release of rioters / socialist / terrorists and thus the continuing destruction of the America She Took an Oath to Protect and defend. Liar or lawyer, what’s the difference; right Harris?

Further, lawyers are conflicted if they become legislators or executives, President.

They derive income from their interactions with the laws. So they are employed by law firms or will be and thus getting laws on the books or influencing the way laws are out to use is a money maker for law firms, that is their current, past or future law firm partners.

Here is / are the obligation/s of lawyers; From, The Encyclopedia of Law found at any law library.  Corpus Juris Secundum (CJS), Volume 7, Section 4, Attorney& client: “The attorney’s first duty is to the courts and – [#2] – the public, and wherever the duties to his  – [#3] –  client conflict with those he owes as an officer of the court in the administration of justice, the former must yield to the latter.”  [numbers added] ( This means the Court comes first, even if the Judge is corrupt)

So, I am trying to keep
this as Short as possible.

I am now going to provide You with some of the research I have done on this subject matter.

The influential writers after the Revolution, at the nation’s birth, urged preservation of the doctrine of “separation of powers” and sought, in fact, to insulate the judiciary from political involvement. See Locke, Second Treatise of Government, Gough 3rd ed. 1965; Montesquieu, The Spirit of the Law, (Nugent translation), 1949, pp. 141-143; and Madison, The Federalist, No. 47, Cooke ed. 1966.

Thomas Jefferson:
Notes on the State of Virginia

“The time to guard against corruption and tyranny, is before they shall have gotten hold on us. It is better to keep the wolf out of the fold, than to trust to drawing his teeth and talons after he shall have entered.” “An elective despotism was not the government we fought for; but one which should not only be founded on free principles, but in which the powers of government should be so divided and balanced among several bodies of magistracy, as that no one could transcend their legal limits, without being effectually checked and restrained by the others.”

President Trump could and should file a suit to prevent these to two officers of the courts from violating the Separation of Powers Clauses.

Please note the Clarity of the New Jersey Constitution.
The Secretary of State for NJ must be sued to prevent these two lawyers, Biden & Harris, from violating the Constitution/s.

New Jersey Constitution at:

ARTICLE III

DISTRIBUTION OF THE POWERS OF GOVERNMENT

  1. The powers of the government shall be divided among three distinct branches, the legislative, executive, and judicial.

No person or persons belonging to or constituting one branch shall exercise any of the powers properly belonging to either of the others, except as expressly provided in this Constitution.

The State of New Jersey   Supreme Court has addressed this matter of conflicts in the following case.

SUPREME COURT OF NEW JERSEY; 162 N.J. 497, 745 A.2d 497, 2000. IN RE: ADVISORY COMMITTEE ON PROFESSIONAL ETHICS.

[42]             Our case law concerning both the appearance of impropriety doctrine and the impermissibility of attorney conflicts of interest emphasizes the underlying public interest in instilling and preserving “public confidence in the integrity of the legal profession,” In re Opinion 415, 81 N.J. 318, 323 (1979), and the lawyers “duty of loyalty to his or her clients.” In re Opinion 653, 132 N.J. 124, 129 (1993). Nevertheless, the factual context that triggers the application of either doctrine must provide a reasonable basis for concern that involves “something more than a fanciful possibility.” Id. at 132 (quoting Higgins v. Advisory Comm. on Professional Ethics, 73 N.J. 123, 129 (1977)).

[59]             … …, the effect of an actual conflict of interests. Plainly the common law dealt with that subject and forbade an officer from acting in a particular matter permeated by an actual conflict. . . . Rather, the question is whether the common law forbade the holding of office because of a possibility of a future conflict of interests. As we have said, the possibility of a conflict of interests is inevitable in a legislator. Of course conflicts of that kind vary in intensity from the distant and inconsequential to the immediate and severe. And it may well be that public policy warrants excising from the total scene the possibility of a conflict of interests generated by additional public office holding and employment. . . .

                            California Constitution –
Article III – State of California – Section 3.

Universal Citation: CA Constitution art III § 3

SEC. 3.

The powers of state government are legislative, executive, and judicial. Persons charged with the exercise of one power may not exercise either of the others except as permitted by this Constitution.

                                    Florida Constitution:

SECTION 3. Branches of government.

The powers of the state government shall be divided into legislative, executive and judicial branches. No person belonging to one branch shall exercise any powers appertaining to either of the other branches unless expressly provided herein.

                             Cornell Law Review

Volume 79Issue 5July 1994

ONE PERSON, ONE OFFICE: SEPARATION OF POWERS OR SEPARATION OF PERSONNEL?

Steven G. Calabres and Joan L. Larsent”

The accumulation of all powers, legislative, executive, and judiciary, in the same hands … whether hereditary, self-appointed, or elective, may justly be pronounced the very definition of tyranny(1) …

… Unwritten traditions disfavor plural office holding of any kind. (7)

(1) THE FEDERALIST No. 47, at 301 (James Madison) (Clinton Rossiter ed., 1961) (emphasis added)

(7) We do not mean to suggest that these unwritten traditions are judicially enforceable or that the text of the Constitution has somehow been “amended” sub silentio. Rather, we mean only that most Americans now assume that plural office holding is disallowed and therefore, as a practical matter, it does not generally occur

https://scholarship.law.cornell.edu/cgi/viewcontent.cgi?article=2522&context=clr;One

Separation of powers serves several goals.  Separation prevents concentration of power (seen as the root of tyranny) and provides each branch with weapons to fight off encroachment by the other two branches.  As James Madison argued in the Federalist Papers (No. 51), “Ambition must be made to counteract ambition.”  Clearly, our system of separated powers is not designed to maximize efficiency; it is designed to maximize freedom.

http://law2.umkc.edu/faculty/projects/ftrials/conlaw/separationofpowers.htm

~~~~~~~~~~~~~~~~~~~~~~

                                    Separation of Powers

The term “Separation of Powers” was coined by the 18th century philosopher Montesquieu. Separation of powers is a model that divides the government into separate branches, each of which has separate and independent powers. By having multiple branches of government, this system helps to ensure that no one branch is more powerful than another. Typically, this system divides the government into three branches: the Legislative Branch, the Executive Branch, and the Judicial Branch. The United States federal government and forty states divide their governments into these three branches.

In the federal government, Article 1 of the United States Constitution establishes the Legislative Branch, which consists of Congress. Congress, in addition to other enumerated responsibilities, is responsible for creating laws. As a general rule, the nondelegation doctrine prohibits the Legislative Branch from delegating its lawmaking responsibilities. Congress can, however, provide agencies with regulatory guidelines if it provides them with an “intelligible principle” to base their regulations on. For more information on the Legislative Branch, refer to “Congress.”

Article 2 of the United States Constitution establishes the Executive Branch, which consists of the President. The President approves and carries out the laws created by the Legislative Branch. For more information on the Executive Branch, refer to “Executive Branch.”

Article 3 of the United States Constitution establishes the Judicial Branch, which consists of the United States Supreme Court. The Judicial Branch interprets the laws passed by the Legislative Branch. For more information on the Judicial Branch, refer to “Judiciary.”

Separation of Powers in the United States is associated with the Checks and Balances system. The Checks and Balances system provides each branch of government with individual powers to check the other branches and prevent any one branch from becoming too powerful. For example, Congress has the power to create laws, the President has the power to veto them, and the Supreme Court may declare laws unconstitutional. Congress consists of two houses: the Senate and the House of Representatives, and can override a Presidential veto with a 2/3 vote in both houses.

The Checks and Balances System also provides the branches with some power to appoint or remove members from the other branches. Congress can impeach and convict the president for high crimes, like treason or bribery. The House of Representatives has the power to bring impeachment charges against the President; the Senate has the power to convict and remove the President from office. In addition, Supreme Court candidates are appointed by the President and are confirmed by the Senate. Judges can be removed from office by impeachment in the House of Representatives and conviction in the Senate. In this way, the system provides a measure, in addition to invalidating laws, for each branch to check the others.

https://www.law.cornell.edu/wex/separation_of_powers_0

                                         FINALLY

The repetition of a Constitutional Violation, regardless of how often, will NEVER make it Constitutional.

As you are reading this you might check the State from which that Constitution is concerned with the Separation Of Powers.

Vote Accordingly!

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