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To: GingisK

Congress has 30 days to nullify this EO - Correct?


17 posted on 07/18/2013 7:23:01 PM PDT by Whenifhow
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To: Whenifhow

Congressional Recourse

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.

Congress is less likely to challenge EOs that deal with foreign policy, national defense, or the implementation and negotiation of treaties, as these are powers granted largely to the President by the Constitution. As the Commander-in-Chief of the armed forces, the President is also considered the nation’s “Chief Diplomat.” In fact, given national security concerns, some defense or security related EOs (often called National Security Directives or Presidential Decision Directives) are not made public.

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. In one such notable instance, President Harry Truman, was rebuked by the Supreme Court for overstepping the bounds of presidential authority. After World War II, Truman seized control of steel mills across the nation in an effort to settle labor disputes. In response to a challenge of this action, the Supreme Court ruled that the seizure was unconstitutional and exceeded presidential powers because neither the Constitution or any statute authorized the President to seize private businesses to settle labor disputes. For the most part, however, the Court has been fairly tolerant of wide range of executive actions.

source
http://www.thisnation.com/question/040.html

also info here - under legal conflict
https://en.wikipedia.org/wiki/Executive_order


20 posted on 07/18/2013 7:29:48 PM PDT by Whenifhow
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To: Whenifhow
Congress has 30 days to nullify this EO - Correct?

That would still be a matter ONLY for the executive branch.

According to the Constitution, only Congress can make laws. The President simply cannot. Also, Congress cannot delegate lawmaking.

29 posted on 07/19/2013 7:05:56 AM PDT by GingisK
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