Sorry you are incorrect. Please review Executive Orders: Issuance, Modification, and Revocation and get back to me.
You still aren't addressing my point. I haven't said that Obama is using an EO. Yet you respond to me with a handbook on Executive Orders.
LOL.
In his speech Obama has promised to use Administrative Action to register illegal aliens in our country and to set up an application procedure that will allow them not to be deported. That's unconstitutional.
He did the same thing with Obamacare, using 24 Administrative Actions.
Get back to me when you address my points.
There is no such thing as Executive Action. It simply does not exist. You entire premise is therefore incorrect so I cannot respond.
Executive orders and proclamations are directives or actions by the President when they are founded on the authority of the President derived from the Constitution or statute, they may have the force and effect of law....
The distinction between these instruments—executive orders, presidential memoranda, and proclamations—seems to be more a matter of form than of substance, given that all three may be employed to direct and govern the actions of government officials and agencies.
Moreover, if issued under a legitimate claim of authority and made public, a presidential directive could have the force and effect of law, “of which all courts are bound to take notice, and to which all courts are bound to give effect.”
The only technical difference is that executive orders must be published in the Federal Register, while presidential memoranda and proclamations are published
only when the President determines that they have “general applicability and legal effect.”
In the narrower sense Executive orders and proclamations
are written documents denominated as such.... Executive orders are generally directed to, and govern actions by, Government officials and agencies. They usually affect private individuals only indirectly. Proclamations in most instances affect primarily the activities of private individuals.
Since the President has no power or authority over individual citizens and their rights except where he is granted such power and authority by a provision in the Constitution or by statute, the President’s proclamations are not legally binding and are at best hortatory unless based on such grants of authority.
Congress may revoke all or part of such an order by either directly repealing the order, or by removing the underlying authority upon which the action is predicated. Either of these actions would appear to negate the legal effect of the order.
Congress can similarly revoke an executive order issued by the president by passing repeal legislation stated that “[t]he provisions of Executive Order XXXXXXX ... shall not have any legal effect.
The president has three and only three legal mechanisms to direct his will, executive orders, presidential memoranda, and presidential proclamations. Anything else is without Color of Law, therefore anyone of his minions can be prosecuted for violating the law and at this point the stature of limitations is greater than his time remaining.
No matter what kind of true believer they are, how many are willing to go to jail or at a minimum spend a fortune defending themselves?