cutterone
Well-known member
Presidential Executive Orders
A misuse of executive power which abuses the checks and balances set up by the constitution and sidesteps the law making process given to congress.
A presidential executive order (EO) is a directive issued to federal agencies, department heads, or other federal employees by the President of the United States under his statutory or constitutional powers.
In many ways, presidential executive orders are similar to written orders, or instructions issued by the president of a corporation to its department heads or directors.
Thirty days after being published in the Federal Register, executive orders become law. While they do bypass the U.S. Congress and the standard legislative law making process, no part of an executive order may direct the agencies to conduct illegal or unconstitutional activities.
President George Washington issued the first executive order in 1789. Since then, all U.S. presidents have issued executive orders, ranging from Presidents Adams, Madison and Monroe, who issued only one each, to President Franklin D. Roosevelt, who issued 3,522 executive orders.
Reasons for Issuing Executive Orders
Presidents typically issue executive orders for one of these purposes:
1. Operational management of the executive branch
2. Operational management of federal agencies or officials
3. To carry out statutory or constitutional presidential responsibilities
Executive Orders do not require Congressional approval to take effect but they have the same legal weight as laws passed by Congress. The President's source of authority to issue Executive Orders can be found in the Article II, Section 1 of the Constitution which grants to the President the "executive Power." Section 3 of Article II further directs the President to "take Care that the Laws be faithfully executed." To implement or execute the laws of the land, Presidents give direction and guidance to Executive Branch agencies and departments, often in the form of Executive Orders.
Executive Orders are controversial because they allow the President to make major decisions, even law, without the consent of Congress. This, of course, runs against the general logic of the Constitution -- that no one should have power to act unilaterally. Nevertheless, Congress often gives the President considerable leeway in implementing and administering federal law and programs. Sometimes, Congress cannot agree exactly how to implement a law or program. In effect, this leaves the decision to the federal agencies involved and the President that stands at their head. When Congress fails to spell out in detail how a law is to be executed, it leaves the door open for the President to provide those details in the form of Executive Orders. If Congress does not like what the executive branch is doing, it has two main options. First, it may rewrite or amend a previous law, or spell it out in greater detail how the Executive Branch must act. Of course, the President has the right to veto the bill if he disagrees with it, so, in practice, a 2/3 majority if often required to override an Executive Order. In addition to congressional recourse, Executive Orders can be challenged in court, usually on the grounds that the Order deviates from "congressional intent" or exceeds the President's constitutional powers. The ultimate criticism of Executive Orders is that the runaway use of EOs could result in a President becoming a virtual dictator, capable of making major policy decisions without any congressional or judicial input. The following web sites contain articles arguing against the liberal use of Executive Orders by the President.
From what I can conclude this is a manner in which the executive branch can direct the congress to vote on a proposed law coming from and being introduced by the executive branch. Where every congress has dropped the ball and sidestepping their responsibilities is in the “30 day rule” allowing any executive order to stand without discussion and passage of any order to become law. The 30 day rule gives the President some maneuverability and flexibility in case of emergency and a method to introduce desired legislation but has left an open door to a dictatorial executive branch combined with a out of control congress and even shuts out the congress if the President uses the veto process. The congress should have established law that every order should be voted upon before it becomes law.
This must be changed by Congress and secure that there is a separation of the branches of government – Legislative, Judicial, and Execution.
A misuse of executive power which abuses the checks and balances set up by the constitution and sidesteps the law making process given to congress.
A presidential executive order (EO) is a directive issued to federal agencies, department heads, or other federal employees by the President of the United States under his statutory or constitutional powers.
In many ways, presidential executive orders are similar to written orders, or instructions issued by the president of a corporation to its department heads or directors.
Thirty days after being published in the Federal Register, executive orders become law. While they do bypass the U.S. Congress and the standard legislative law making process, no part of an executive order may direct the agencies to conduct illegal or unconstitutional activities.
President George Washington issued the first executive order in 1789. Since then, all U.S. presidents have issued executive orders, ranging from Presidents Adams, Madison and Monroe, who issued only one each, to President Franklin D. Roosevelt, who issued 3,522 executive orders.
Reasons for Issuing Executive Orders
Presidents typically issue executive orders for one of these purposes:
1. Operational management of the executive branch
2. Operational management of federal agencies or officials
3. To carry out statutory or constitutional presidential responsibilities
Executive Orders do not require Congressional approval to take effect but they have the same legal weight as laws passed by Congress. The President's source of authority to issue Executive Orders can be found in the Article II, Section 1 of the Constitution which grants to the President the "executive Power." Section 3 of Article II further directs the President to "take Care that the Laws be faithfully executed." To implement or execute the laws of the land, Presidents give direction and guidance to Executive Branch agencies and departments, often in the form of Executive Orders.
Executive Orders are controversial because they allow the President to make major decisions, even law, without the consent of Congress. This, of course, runs against the general logic of the Constitution -- that no one should have power to act unilaterally. Nevertheless, Congress often gives the President considerable leeway in implementing and administering federal law and programs. Sometimes, Congress cannot agree exactly how to implement a law or program. In effect, this leaves the decision to the federal agencies involved and the President that stands at their head. When Congress fails to spell out in detail how a law is to be executed, it leaves the door open for the President to provide those details in the form of Executive Orders. If Congress does not like what the executive branch is doing, it has two main options. First, it may rewrite or amend a previous law, or spell it out in greater detail how the Executive Branch must act. Of course, the President has the right to veto the bill if he disagrees with it, so, in practice, a 2/3 majority if often required to override an Executive Order. In addition to congressional recourse, Executive Orders can be challenged in court, usually on the grounds that the Order deviates from "congressional intent" or exceeds the President's constitutional powers. The ultimate criticism of Executive Orders is that the runaway use of EOs could result in a President becoming a virtual dictator, capable of making major policy decisions without any congressional or judicial input. The following web sites contain articles arguing against the liberal use of Executive Orders by the President.
From what I can conclude this is a manner in which the executive branch can direct the congress to vote on a proposed law coming from and being introduced by the executive branch. Where every congress has dropped the ball and sidestepping their responsibilities is in the “30 day rule” allowing any executive order to stand without discussion and passage of any order to become law. The 30 day rule gives the President some maneuverability and flexibility in case of emergency and a method to introduce desired legislation but has left an open door to a dictatorial executive branch combined with a out of control congress and even shuts out the congress if the President uses the veto process. The congress should have established law that every order should be voted upon before it becomes law.
This must be changed by Congress and secure that there is a separation of the branches of government – Legislative, Judicial, and Execution.
