The Executive Order

The Executive Order

We have all heard about “Executive Orders” quite frequently over the last few years.  How a President, wanting to get something done without the involvement of the legislature simply will issue one.  But a lot of us don’t really know much about them.

Trump2An Executive Order is a directive handed down by a president or state governor bypassing any involvement by the Legislative or Judicial branch of the government.   Executive Orders can only be issued to Federal Agencies like the Department of Defense, Energy or Homeland Security.  And though they are a Presidential Decree they still must abide by all the laws of the land. The Executive Order, letter or memorandum actually falls under the pervue of the larger Executive Action which gets its power from Article II of the Constitution.  Section I Article II states, “The executive Power shall be vested in a President of the United States of America. He shall hold his Office during the Term of four Years, and, together with the Vice-President chosen for the same Term.”

Executive Orders have been used by Presidents since George Washington.  According to informationstation.org/…

“While executive orders can be an essential tool for Presidents, some fear that their increased use threatens the long-standing checks and balances set up in the Constitution. In that system, Congress makes the laws, the Courts interpret the law, and the President and the executive branch enforces the law.

So the next time you hear a president is issuing an executive order it really means one person is making a decision for 322 million Americans, without input from Congress, state legislatures or Courts, and it can be just as easily changed by the next president with the stroke of a pen and no input from anyone else.”

All Presidential Executive Orders are binding  and recorded in the Federal Registry but can at any time be considered for a legal review.  Both parties have, at one time or another, questioned the validity of Executive Orders.  But usually when that party does not hold the White House.  So much for political hypocrisy.

 

Executive Orders are great, especially when they are moving an administration in the direction you are happy with.  But remember they do have a dark side that can possibly not only affect each and every one of us separately but also our Country.  The United States government is based on a system of checks and balances.  Which simply means that they are in place to keep the government from getting too powerful in one branch. For example, the Executive Branch can veto bills from the Legislative Branch, but the Legislative Branch can override the veto.  By using Executive Orders you are by passing that protection.  Executive Orders need to be respected for what they are and not used carelessly and frivolously just to advance ones agenda.

We must not forget things are put in place for a reason and that reason is to make sure that all our rights and freedoms are being protected.

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One Response to "The Executive Order"

  1. “So the next time you hear a president is issuing an executive order it really means one person is making a decision for 322 million Americans, without input from Congress, state legislatures or Courts, and it can be just as easily changed by the next president with the stroke of a pen and no input from anyone else.”

    I think I would give this a little more thought. Trump is far more conscientious than one would allow. To tap congressional experience and wisdom is a well-worn road. And it is not as if congress could not pass laws and override a veto. Are we not just looking for “the usual suspects” and the salve of excuses and victimization?

    The president was elected to “speak for all of us,” even if the President was not your choice. Should that be the case? So the translation of “it really means one person is making a decision for 322 million Americans” is terribly simplistic, a little bit disingenuous, and in serious controversies, flat out “wrong”. He was elected for exactly that function……to lead!!!!!

    The Constitution always allows for input from all citizens through presidential elections, our congressional and judicial branches….and please, do not suggest otherwise.

    “Executive Orders”, gifted to the President, are a consequence of “law and order”, coming from the people, controlled by the “people” and can be taken away by the people.

    Levels of “change” and difficulties of exacting change, within a Republic, right up to Constitutional Amendments are there for a purpose….difficult….and available….we should not plead ignorance….or place blame elsewhere but on ourselves.

    If there is no “input from Congress, state legislatures or Courts” it is primarily our fault for we are the arbiters of that process. And can change it should we have the courage of our convictions….vote…..recognizing that judicial “stays” are a working, effective example of the argument against tyranny.

    The “obligation of power is to lead”.

    “Power (in this case read “Radical progressive”) concedes nothing without a demand. It never did and it never will.” Frederick Douglass…what did Douglass mean?

    In the truest sense, one person in a Republic, never makes an unalterable decisions for the entire population, but that elected person is the “representative”, of that population, expected to govern….else change it….clearly at play in the Obama versus Trump governance…or did we just favor or excuse Obama’s actions?

    Any fear of this process has to be based on a misunderstanding of the Constitution, which Obama found to be outdated, and Ginsberg feels free to ignore, contrary to her oath, as she applies radical progressive interpretations….the “textualist” or progressive argument. Who else feels that way?

    An “executive order” is a “prior approval” form of governance, from the people, which I can embrace or oppose, in a peaceful or violent revolution. Elections are regular and have consequences.

    Some are just beginning to feel what it is to “live” with the frustration, which Reagan Democrats and JFK Republicans have been experiencing for the last eight years. And for those who don’t like “Executive Orders”, America just demonstrated, and is showing, us all, how to change it! Are you “up” for democracy?????

    As long as the “Republic” exists, tyranny will not prevail.

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