I find it very intriguing the rhetoric about the President “SHREDDING” the Constitution, “ILLEGAL,” and “POWER GRAB” by his use of Executive Orders. Every president, except William Henry Harrison. President Harrison died on his 32nd day in office of complications from pneumonia, serving the shortest tenure in United States presidential history. Executive Orders are presidential policy directives that implements or interprets a federal statute, a constitutional provision, or a treaty. [NOTE: BELOW ARE LISTED THE EXECUTIVE ORDERS BY PRESIDENT OBAMA] The presidents power to issue executive orders comes from Congress and the U.S. Constitution. Executive orders differ from presidential proclamations, which are used largely for ceremonial and honorary purposes, such as declaring National Newspaper Carrier Appreciation Day. Executive orders do not require congressional approval. Thus, the president can use them to set policy while avoiding public debate and opposition. Presidents have used executive orders to direct a range of activities, including establishing migratory bird refuges; putting Japanese-Americans in internment camps during World War II; discharging civilian government employees who had been disloyal, following World War II; enlarging national forests; prohibiting racial discrimination in housing; pardoning Vietnam War draft evaders; giving federal workers the right to bargain collectively; keeping the federal workplace drug free; and sending U.S. troops to Bosnia. Following the September 11th terrorist attacks on the United States, President George W. Bush used his authority to issue a number of executive orders. Following his declaration of a national emergency on September 14, 2001, he called members of the armed forces Ready Reserve to active duty (Exec. Order No. 13,223, 66 Fed. Reg. 48201). Ten days later, he issued an executive order that blocked the financing of terrorist organizations (Exec. Order No 13,224, 66 Fed Reg. 49079). President Bush also created the Homeland Security Department by executive order, before Congress authorized this cabinet-level department (Exec. Order No. 12,228, 66 Fed.Reg. 51812). Executive orders do not require congressional approval. Thus, the president can use them to set policy while avoiding public debate and opposition. Presidents have used executive orders to direct a range of activities, including establishing migratory bird refuges; putting Japanese-Americans in internment camps during World War II; discharging civilian government employees who had been disloyal, following World War II; enlarging national forests; prohibiting racial discrimination in housing; pardoning Vietnam War draft evaders; giving federal workers the right to bargain collectively; keeping the federal workplace drug free; and sending U.S. troops to Bosnia. Ronald Reagan, was the first Republican president to take executive action on immigration to put a screeching halt to his party’s inhumane treatment of Hispanic immigrants. In 1986, Ronald Reagan signed the what would prove to be the last comprehensive immigration reform bill to pass Congress. The legislation, the Immigration Reform and Control Act (IRCA) granted up to 3 million undocumented immigrants a path to citizenship if they had lived in America “continuously” since 1982, or four years; nearly identical to President Obama’s proposal for comprehensive immigration reform Ted Cruz will not let House Republicans debate or vote on. In 1935, the Supreme Court overturned five of President Franklin Roosevelts executive orders (6199, 6204, 6256, 6284, 6855). Executive Order 12954, issued by President Clinton in 1995, attempted to prevent the federal government from contracting with organizations that had strike-breakers on the payroll; a federal appeals court subsequently ruled that the order conflicted with the National Labor Relations Act, and invalidated the order. Congress has the power to overturn an executive order by passing legislation in conflict with it. Congress can also refuse to provide funding necessary to carry out certain policy measures contained with the order or to legitimize policy mechanisms. In the former, the president retains the power to veto such a decision; however, the Congress may override a veto with a two-thirds majority to end an executive order. It has been argued that a Congressional override of an executive order is a nearly impossible event due to the supermajority vote required and the fact that such a vote leaves individual lawmakers very vulnerable to political criticism. On July 30, 2014, the Republican-led House approved a resolution authorizing Speaker John Boehner to sue President Barack Obama over claims he exceeded his executive authority in changing a key provision of the Affordable Care Act (Obamacare) on his own and over what Republicans claimed had been inadequate enforcement of the health care law, which Republican lawmakers opposed. In particular, Republicans objected that the Obama administration delayed some parts of the law, particularly the mandate on employers who do not provide health care coverage. Executive orders have the full force of law when they take authority from a power granted directly to the Executive by the Constitution, or are made in pursuance of certain Acts of Congress that explicitly delegate to the President some degree of discretionary power (delegated legislation). Like both legislative statutes and regulations promulgated by government agencies, executive orders are subject to judicial review, and may be struck down if deemed by the courts to be unsupported by statute or the Constitution. presidency.ucsb.edu/data/orders.php
Posted on: Wed, 19 Nov 2014 16:37:42 +0000
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