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To: SatinDoll

“Perhaps I am mistaken, but Congress can negate Executive Orders.”

Maybe I’m also mistaken, but my understanding is that the only entity who can strike down an EO is a future president. That’s why Obama’s EO’s are so scary - they’re like royal proclamations (but his most dangerous ones are done under the radar) - untouchable.

I hope I’m wrong - anyone?


56 posted on 07/08/2011 9:16:26 PM PDT by llandres (Forget the "New America" - restore the original one!!)
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To: llandres

As you had hoped, you are wrong. Congress can override an executive order by enacting legislation that conflicts with the order - the President is duty-bound to enforce the laws enacted by Congress, and to not act contrary to those laws. Of course, just because it can be done doesn’t mean that it can be done easily - most obviously, a President who wanted to protect an executive order of his could veto a bill intended to override that order; it would then take a supermajority in Congress to override that veto. Congress could also simply prohibit any funding for the activities called for in the executive order.


59 posted on 07/08/2011 9:23:56 PM PDT by Oceander (The phrase "good enough for government work" is not meant as a compliment)
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To: llandres

Uh, yeah; you’re wrong.

“Until the 1950s, there were no rules or guidelines outlining what the president could or could not do through an executive order. However, 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. Presidents since this decision have generally been careful to cite which specific laws they are acting under when issuing new executive orders.”

BHO2 is trying to circumvent the 2nd Amendment - SCOTUS should smack him down NOW!


62 posted on 07/08/2011 9:30:44 PM PDT by SatinDoll (NO FOREIGN NATIONALS AS OUR PRESIDENT!)
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To: llandres
Maybe I’m also mistaken, but my understanding is that the only entity who can strike down an EO is a future president.

An EO is just an instruction to the executive branch to do thus and such. It can be totally wiped out by a law passed through Congress ... but of course Bozo would veto such a law, so unless you have a veto-proof majority ... but of course Bozo ignores laws he doesn't like, too.

An EO also can't, by itself, impose any criminal penalties on anyone. It can only tell the executive branch how to enforce the laws that are already on the books. And of course it can be challenged and overturned in court.

But then we get back to Bozo ignoring court decisions he doesn't like, also.

We are very close to a dictatorship in this country. Mark Levin calls it "soft tyranny". The soft tyranny will firm up eventually unless it's overturned.

87 posted on 07/09/2011 8:28:42 AM PDT by Campion ("Fallacies do not cease to be fallacies when they become fashions." -- GKC)
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