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Presidential Executive Orders: How would Obama use them?
ThisNation.com ^ | 01/18/2009 | Polarik

Posted on 01/18/2009 9:02:39 AM PST by Polarik

What is an Executive Order?

Executive Orders (EOs) are legally binding orders given by the President, acting as the head of the Executive Branch, to Federal Administrative Agencies. Executive Orders are generally used to direct federal agencies and officials in their execution of congressionally established laws or policies. However, in many instances they have been used to guide agencies in directions contrary to congressional intent.

Not all EOs are created equal...[a] subset of Executive Orders are those concerned with national security or defense issues. These have generally been known as National Security Directives. Under the Clinton Administration, they have been termed "Presidential Decision Directives."

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.

Controversy

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.

(Excerpt) Read more at thisnation.com ...


TOPICS: Constitution/Conservatism; Culture/Society; Front Page News; Government; Politics/Elections
KEYWORDS: bho2008; bhoeo; change; constitution; executiveorder; obama; presidentobama
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To: shielagolden

We’d better get used to being “Occupied”. And resist.


21 posted on 01/18/2009 10:43:36 AM PST by unkus
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To: Polarik

Whatever George I-V tells him to do.


22 posted on 01/18/2009 11:02:26 AM PST by combat_boots ("In a time of universal deceit, telling the truth is a revolutionary act."Aldous Huxley)
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To: Polarik

“Presidential Executive Orders: How would Obama use them?”

Given that he has no respect for the law or the Constitution he will issue orders that are patently illegal and expect them to be obeyed. Count on it.


23 posted on 01/18/2009 11:06:51 AM PST by TalBlack
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To: Polarik
I answered the question, speculation is for the art bell show!
24 posted on 01/18/2009 11:54:40 AM PST by org.whodat (Conservatives don't vote for Bailouts for Super-Rich Bankers! Republicans do!)
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To: Polarik; Calpernia; Fred Nerks; null and void; pissant; george76; PhilDragoo; Candor7; ...
Thank you, Polarik. Thoughtful article.

Presidential Executive Orders; How would 0bama use them?

Ping.

(New tagline.)

25 posted on 01/18/2009 1:04:28 PM PST by LucyT (Bumper Sticker ....... "January 20th, the beginning of a new error")
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To: MaxMax

Spot on.


26 posted on 01/18/2009 1:07:57 PM PST by null and void (KENYAN GO HOME!)
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To: PugetSoundSoldier
I've heard that Bush 43 granted more executive orders than any other President.

That seems to be the reason (well, one of the reasons) the left liberal sheep think he's the worst president ever.

Once upon a time I had a link to where one can look up and see how many executive orders a president had signed. I can't remember where it is now.

27 posted on 01/18/2009 1:28:43 PM PST by 3catsanadog (I plan to give the new President the same respect and dignity the other side gave Bush.)
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To: ASOC

Well, I should have kept reading. Thanks for the info.


28 posted on 01/18/2009 1:30:10 PM PST by 3catsanadog (I plan to give the new President the same respect and dignity the other side gave Bush.)
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To: 3catsanadog
Executive Orders by President from the National Archives.
29 posted on 01/18/2009 1:31:48 PM PST by RightField (A fine is a tax for doing wrong. A tax is a fine for doing well.)
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To: ASOC
Oooh, looks like Bubba had about 75 more than Bush 43.
30 posted on 01/18/2009 1:33:30 PM PST by 3catsanadog (I plan to give the new President the same respect and dignity the other side gave Bush.)
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To: The Sons of Liberty

I’m trying to remember the line that Yul Brynner used when he was Pharoah in The 10 Commandments. “So it is written, so it is done”? Something like that.


31 posted on 01/18/2009 1:35:48 PM PST by 3catsanadog (I plan to give the new President the same respect and dignity the other side gave Bush.)
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To: ASOC

BOOKMARKED , THANKS FOR THE LINK


32 posted on 01/18/2009 1:44:32 PM PST by piroque
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To: Polarik
What do you think that Obama would do via Executive Order?

I heard an interview this morning in which he was asked if he would issue an executive order overturning one of President Bush's executive orders -- I think the one on stem cell research.

His answer, as best I recall, was that the issue needed to be addressed by Congress, because the peoples' representatives should be making such a decision, not just one man.

I (along with other conservatives) didn't like President Clinton issuing executive orders, and therefore I didn't like President Bush doing it either. If it's wrong for one party, it's wrong for the other.

Whether he'll live up to it or not remains to be seen, but I liked President-elect Obama's answer.

33 posted on 01/18/2009 1:44:54 PM PST by Amelia
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To: Beagle8U

At the stroke of a . . . open homosexuality in our armed forces is a near certainty.


34 posted on 01/18/2009 1:48:46 PM PST by Jacquerie (Islam is a barbaric political and social system in religious drag.)
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To: LucyT

mmmmmmmmm...;0)


35 posted on 01/18/2009 2:27:16 PM PST by 1COUNTER-MORTER-68 (THROWING ANOTHER BULLET-RIDDLED TV IN THE PILE OUT BACK~~~~~)
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To: Polarik

My guess is that most every executive order GW made Zero will try and countermand.


36 posted on 01/18/2009 2:43:45 PM PST by rodguy911 (HOME OF THE FREE BECAUSE OF THE BRAVE--GO SARAHCUDA !!)
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To: Polarik

He will use them at will to get what he wants without any input from the public. He will not be afraid to use them.

If Bush had any balls or real concern for the country he would have used EOs to open oil drilling at ANWR, reopen drilling everywhere, order immediate secret military tribunals for the gitmo bunch, ordered immediate execution for all of the gitmo residents found guilty and quite a few other things that would have benefited the country.

All missed opportunities for which I hold him in contempt.


37 posted on 01/18/2009 3:27:28 PM PST by RJS1950 (The democrats are the "enemies foreign and domestic" cited in the federal oath)
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To: LucyT

Thanks, LucyT

Wonderful article by Polarik!

Ping.


38 posted on 01/18/2009 7:47:20 PM PST by Iowan
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To: RightField
Obama, as a typical democrat (they don'tchaknow), has stated his administration will promote transparency. Since the democrats usually do the opposite of what they publically call for, Obama will probably make access to things like the EO updated list off limits to the peons outside of his inner command structure. Four the next years, we may get a feel for what he is about to do based upon the lies he utters publically.

Here's an example: Biden's public comment that 'Barack Obama isn't gonna take your shotguns away' can be understood to mean the Obama administration is going to go headlong after the arms held by citizens, to 'get evil guns out of circulation'.

39 posted on 01/18/2009 7:51:25 PM PST by MHGinTN (Believing they cannot be deceived, they cannot be convinced when they are deceived.)
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To: Polarik
What do you think that Obama would do via Executive Order?

Ban Guns. Or at least ban the import of guns, gun parts and ammunition. He can do that by directing the Attorney General to find them not particularly suitable for sporting purposes.

He can step up the BATFE's harassment of gun owners and dealers. Of course it won't be written quite that way, but that will be the effect.

If, as I expect the new and improved assault weapon's ban passes, the BATFE will have lots of extra "grounds" for such harassment.

40 posted on 01/18/2009 7:55:36 PM PST by El Gato ("The Second Amendment is the RESET button of the United States Constitution." -- Doug McKay)
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