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To: kcvl

To be clear, EO’s aren’t a Progressive or Republican problem. EO’s are an equal opportunity contagion. Both parties, all modern presidents, Congress, the Supreme Court, and, yes, We the People are culpable. If we deserve better, we will beget better.
Art I, Sec 1 of the US Constitution concisely and unambiguously provides that “all legislative powers herein granted shall be vested in a Congress...” In sharp contrast, Art II specifically outlines Executive powers and duties, none of which include legislating in any form. And to checkmate an overreaching Chief Executive, Art II also provides for the impeachment and removal of not only the Chief Executive, but of any and all officers comprising the Executive Branch.
The rub: if the law intended to countermand an EO is vetoed by the President, to override that veto requires a 2/3 vote, a super majority, in both chambers of Congress, clearly a politically daunting task indeed. Of course, there is the laborious process of impeachment and removal of the offending President to remedy the executive overreach. But, again, removal would require a 2/3 majority in the Senate, a very unlikely scenario.


14 posted on 01/09/2013 9:59:29 AM PST by alphadog (2nd Bn. 3rd Marines, Vietnam, class of 68)
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To: alphadog
The Supreme Court ruled in Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952) that Executive Order 10340 from President Harry S. Truman placing all steel mills in the country under federal control was invalid because it attempted to make law, rather than clarify or act to further a law put forth by the Congress or the Constitution.

Obama has been pushing the limits on "Youngstown" since he took office, his "backdoor amnesty" is on shaky legal ground and still being challenged on the courts, but at least he attempted to meet the standards of "Youngstown" by claiming he was clarifying that the head of DHHR had the discretion to delay a deportation order indefinitely. A Assault Weapons Ban or Gun Registration Scheme would be blowing "Youngstown" clear out of the water as current federal law flat out bans registration.

36 posted on 01/09/2013 10:06:42 AM PST by apillar
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