Because of this strict constitutional separation of powers, “no person” holding “any Office” which shall be “under the United States” shall ever be a member of either house of Congress “during his Continuance in Office.”
In other words, if a person holds any office under the United States, then that person is for that reason constitutionally barred from holding a legislative seat and therefore from exercising legislative authority under the Constitution.
Given this express command of the Constitution, shouldn’t Americans be at least a little concerned that (since 1863) U.S. Representatives and U.S. Senators have nevertheless taken an oath “of office” which would seemingly bar them from exercising their delegated legislative authority?
An edition of Constitutional Separation of Powers and the Conflicting Practice of Members of Congress Taking an Oath of Office
(2014)
Constitutional Separation of Powers and the Conflicting Practice of Members of Congress Taking an Oath of Office
The Beacon Spotlight, Issue #5
by Matt Erickson
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Last edited by Matt Erickson
January 12, 2014 | History
Issue #5 of The Beacon Spotlight looks into the conflicting practice of U.S. Senators and Representatives taking an oath "of office", given the wall of separation between members of Congress holding legislative seats and government officers of the executive and judicial branches by Article I, Section 6, Clause 2 of the Constitution which states that "no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office."
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congress, affirmation, separation of powers, section 6, section 8, oath of office, republican form of government, wall of separation, article i, necessary and proper, clause 18, clause 2, legislative seat, u.s. constitution, government officers, legislative members, no person holding any office under the united states, shall be a member of either house during his continuance in, impeachment of senator, expulsion of senatorPeople
House Manager James Bayard, Attorney General Benjamin Harris Brewster, Vice President Thomas Jefferson, Senator William Blount, President John AdamsPlaces
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Issue #5 of The Beacon Spotlight looks into the conflicting practice of U.S. Senators and Representatives taking an oath "of office", given the wall of separation between members of Congress holding legislative seats and government officers of the executive and judicial branches by Article I, Section 6, Clause 2 of the Constitution which states that "no Person holding any Office under the United States, shall be a Member of either House during his Continuance in Office."
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added by Matt Erickson.
Americans don't understand the wall of separation the U.S. Constitution mandates between legislative members of Congress and government officers of the executive and judicial branches of government.
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| January 12, 2014 | Edited by Matt Erickson | Added a book |
| January 12, 2014 | Created by Matt Erickson | Added new book. |