Posted on 11/07/2024 6:16:39 AM PST by whitney69
One of the most common “presidential” documents in our modern government is an executive order. Every American president has issued at least one, totaling more than (as of this writing) 13,731 since George Washington took office in 1789. Media reports of “changes made by executive order,” or “executive orders to come” rarely explain what the document is, or other technical details, such as why, or how. They seem to be “instant law,” and, at times, steeped in controversy.
Over the last few decades this action has been used to overstep the founders efforts to create and/or maintain a democratic form of government to be controlled by the people's majority rather than one person or party with the changing of law(s) by one swipe of the president's pen. No one person should have such a broad sweeping capacity in our government. Executive orders went from ordering special types of pencils to over ruling the will of the people. Ban them.
It was no big deal until the advent of the enormous administrative state. We really need to greatly reduce the rule making authority of executive agencies and take it back to Congress. I believe it is an unconstitutional delegation of powers.
Uh no executive orders are necessary and not unconstitutional.
[Executive Ordere] are the primary method of keeping the unelected bureaucracy in check. And also abused by democrats.
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^^ This. EOs are required at least in part to instruct the policies and processes of agencies under the executive branch. They can be a force for good, or for bad as we’ve seen regarding the border these last several years. What is needed is a POTUS who respects the Constitution, the law, the states, and the people.
Of course everyone will see and use their power of office differently, and power can be intoxicating. This goes for POTUS as well as agency heads and bureaucrats. The important thing is to not elect progressive ideologues but pragmatic proven people who love this country and its people who will give the agencies proper guidance to execute their duties in our best interests. Otherwise the bureaucracy will run amok.
Executive orders are legitimate actions by the executive to manage the functioning of the government. They must be based on provisions in the Constitution or congressional statute. They may be challenged in court and sometimes have been successfully defeated.
Any Executive Order can be revoked, either by the issuing president or a following president. Like any exercise of government authority it can be and often is abused. But without them the bureaucracy would be without guidance or limits and the functioning of government would be impaired.
Congress likes that way that way they avoid responsibility. Blame gets deflected to the administration agency.
Executive Orders don’t replace Congress. They are used to define the administrations direction on how and what to implement during their time in office.
Continuing Resolutions are a different animal altogether. During the last Trump Administration I understand the budget process was more “traditional” in that there were several “appropriation” bills that funded different segments of the government. I would expect one CR going into the Administration (because there is not time for hearings and debate.). After that, I expect them to follow the appropriations process.
The title is off. I stopped reading there.
Constitutional executive orders can be used legitimately by the Chief Executive to exercise his constitutional powers.
I agree completely with your first paragraph.
I included CRs in this discussion because it’s another “process of convenience “ created because Congress won’t (claims can’t!) do its job. It needs to stop. If pain for all is necessary to whipsaw Congress to do its job then pain for all is necessary!
Exec orders ought to be rare and limited. Both parties are using EO’s to make law without Congressional vote.
They need to be curtailed, but probably not eliminated altogether.
After the Supreme Court ruled that Biden dismissing millions of dollars in student debt was unconstitutional, Biden did it anyway with an executive order in a brazen vote-buying scheme paid for by the taxpayers. (I’m not sure of the current status of that.)
Increasing government efficiency will be painful for some.
However, if the government simply changed their budget mindset from “spend it or lose it” to “zero based, spend what you need to spend” they would save billions of dollars.
Money left over from projects or at the end of the fiscal year will be recaptured and applied to the general fund for the next period.
As someone who managed budgets nearing $100M in the private sector, I would have been fired if I dumped expense money at the end of the quarter because I was “under budget.” It was beaten into my head that it was “not my money.” (Conversely, I wasn’t fired if we had to spend over budget for good reasons.)
90% of money problems in government and business come from people having zero understanding of the budget process and reasonable budget management. Instead, we have morons and accountants running the world. And they will run it into the ground.
Increasing government efficiency will be painful for some.
Who cares? Government shouldn’t be a career.
As someone who doesn’t rely much on the Federal Government for my livelihood, I agree. I’ve managed through up and down cycles that required “re-organization” and layoffs and significant budget cuts. It’s part of business life.
But large restructuring in the government rolls downhill fast.
I ran a cable TV company near an Air Force base that was decommissioned. When it closed, my company lost 30% of its customers in 3 months. Within another three months, we lost another 20% of our revenue streams because of the “destruction” of the local market. We had to lay off a big chunk of employees because of that.
It took ten years for that area to recover.
That’s the kind of pain that the country needs to feel to get its act together. We both know that no politician is going to do THAT.
I see many of my college classmates (I went to a military college) get out of the Military with 30 year pensions and go directly in the MIC, as senior managers, lobbyists or consultants. While I love them individually, I find that kind of slopping at the trough disgusting.
There are lots of folks here in FR who get their daily bread from the Federal Government. There would be a lot of NIMBY screaming if Elon goes to town on the Federal Expense budget.
Totally agree! Line item veto to cut the pork!
Our politicians (notice I didn’t say representatives, that horse left the barn a century ago) run their entire campaigns on the total dollars worth of worthless projects they can bring home. Bridges over nothing is a good example.
Cut the pork out of every bill. Every issue needs to stand on its merits, or die.
No, we need to eliminate the illegal executive orders.
“Like any exercise of government authority it can be and often is abused.”
Let’s look at what Biden alone did writing more than any of the last three presidents. His included the reversal of Trump’s with 10 of 12 Trump wrote in immigration, 3 of 4 with the economy, and 1 of 1 with healthcare and labor each. All major problem issues during this last election.
But others were there to force the agenda of the liberals, each one:
Forms the Presidential Commission on the Supreme Court of the United States, which is intended to provide an analysis of the principal arguments for and against Supreme Court reform.
Revokes a Trump executive order that authorized sanctions on International Criminal Court officials
Revokes a Trump-era proclamation that limited legal immigration during the Covid-19 pandemic
Launches a 100-day review of US supply chains for pharmaceuticals, critical minerals, semiconductors and large-capacity batteries, directing agencies to identify opportunities to secure and invest in those supply chains.
Revokes a Trump administration order creating an industry-led apprenticeship program
Expands the United States Refugee Admissions Program and rescinds Trump policies that limited refugee admissions and required additional vetting...
There’s a lot more, you get the idea. These little erasals of the process to get by the people are ones that were not challenged and did not go to a court review. And that is the bypassing of the process our founders created. If you have a chilkd that is doing harm with a toy, do you buy him a new one for Christmas?
wy69
“(I’m not sure of the current status of that.)”
They have so far relieved the students, while tossing it on to the taxpayers, $175M in already forgiven loans. Plan B was challenged in court but the Biden administration was working on another plan B which is still being built. That would have fed a lot of hungry people. Look for it to being put to the house for the majority to either set up for vote or tossed back to committee.
wy69
Another law that needs to be passed is the elimination of the ability to pack appropriation, and other Bills with needless crap. Single topic Bills need to become the norm.
“But without them the bureaucracy would be without guidance or limits and the functioning of government would be impaired.”
I need some help on this when the action is designed to bypass the functioning of government placing the whims of the POTUS and his/her party right on by congress and the senate, the people’s representatives. Guidence? Pick up the phone and tell them what you want to do. Don’t create a way to get it done that has to be derailed if it’s inconsistent with the needs of someone’s bucket list.
wy69
Very good summary.
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