Posted on 02/04/2017 11:36:33 AM PST by Jim W N
From what I can tell, an executive order combines legislative and executive powers in one act and one office, the substance of a dictatorship. The Constitution does not allow the executive branch to make law.
"All legislative Powers granted herein shall be vested in a Congress of the United States..." (Art I, Sec 1 - U.S. Constitution).
From what I can tell, the only valid Trump executive orders may be those repealing Obama's stench of unconstitutional executive orders.
It's not enough to cheer Trump's good intentions in wanting to right decades of wrong-doing by the feds. Constitutionally, HOW is just as, if not more, important than WHAT when it comes to federal action. Other than overturning Obama's surfeit of unconstitutional executive orders, which of Trump's executive orders are not unconstitutional and shouldn't first be passed as law in Congress?
WE THE PEOPLE need to be more than semi-mindless cheerleaders for "our side". We need to be watchdogs verifying the constitutionality of federal acts including those done by those we have elected. "Trust but verify", Ronald Reagan said in reference to treaties which effectively is the same as electing government officials. "Trust but verify" is exactly what we the people should be doing with our elected officials including Trump.
Tyranny on the Right is just as dangerous as tyranny on the Left because "benevolent" tyranny will sooner or later become very malignant, malevolent, and deadly tyranny.
We the people must once again understand that freedom comes from the feds being constrained by the objective Rule of Law (in America that is the Constitution) and tyranny comes from the feds unrestrained and limited only by their own subjective whimsy and morality - the rule of man.
In America, the only legal bulwark of protection of our freedoms against the tyranny of the feds is the Supreme Law of the Land, the Constitution as written and originally understood and intended. Our job in re-birthing our Free Constitutional Republic beginning here and now, is to reinstate the Constitution front and center as the Supreme Law of the Land against the feds.
I thought all regulations were executive orders put in place (theoretically) to implement laws passed by Congress.
What about Obama? Were any of his executive orders done outside of his constitutional authority, and did he order any executive branch agency to do anything not supported by statute law? How do we know? Isn’t the question worth asking?
The “concern” about the constitutionality of federal acts is not widespread enough.
Nope you don’t have a rebirth of our Free Constitutional Republic - which MUST happen if America is to become “Great Again” - by continuing to plow the Constitution under. I’m not saying Trump is doing that. My main concern is too many people on the Right don’t ask these important questions but rather seem to have acquiesced to unconstitutional federal government which is exactly acquiescing to tyranny. God help us.
“From what I can tell, the only valid Trump executive orders may be those repealing Obama’s stench of unconstitutional executive orders.”
I guess the author never took or failed civics.
Every high school kid with a government civics class knows that executive orders are not extra-constitutional. Even a pot smoking pimply-faced teenager knows that the president has authority and when he writes down his decisions they are called Executive Orders and recorded in the Federal Register.
Of course, I guess someone that doesn’t know what the Federal Register is or what powers the president has would think Executive Orders are some kind of magical extra-constitutional usurpation of power.
I see a president, issuing an executive order, using powers assigned to him by an act of Congress and upheld by the courts, to be acting in a Constitutional manner.
Immigration law includes a “delicate policy judgment” courts must not invade, as the Supreme Court itself said, and the Boston judge reiterated. Plyler v. Doe, 457 U.S. 202 (1982). As the Ninth Circuit reiterated, “we defer to the political branches in the immigration field.” Ruiz-Diaz v. United States, 703 F.3d 483 (9th Cir. 2012)
Maybe. I hope so.
Don’t you think it’s a question worth asking? What’s the greatest guarantor of our freedom? Trump? The next yokel that comes down the pike? No. It’s the Constitution. The question we should all be asking ourselves and each other about any significant federal act is, “Is it Constitutional?”
Try actually reading an executive order before saying such a stupid thing. Trump did no such thing as "making law".
For a Freeper, you appear to be a very uninformed person.
The questions you're asking, have been answered hundreds of thousands of times on this website over the last eight years.
Every high school kid and most law students have been brainwashed by the Left. You don’t think so? Better think again. The Left has spent decades eroding the Constitution and its separation of power applying whatever counterfeit “doctrine” they can come up with and students, usually young people who don’t know better, buy it.
By definition, an “Executive Order” both makes and carries out law. Otherwise, it is not an “executive order”. Normally “executive orders” are directives to unelected and unaccountable administrative agencies which themselves are generally unconstitutional.
I'd sure like to see where that definition came from. Did you make it up yourself?
No, “executive orders” should generally be questioned because they are both a legislative and executive act. That was my point in bringing up Obama because that is basically how he got around Congress and got away with it.
It’s worth asking about that here if you care anything about the future of our Free Constitutional Republic and the force of law of the Constitution.
Law school and the bar review.
Please be a bit more specific, especially as to executive orders, by definition, “making law”. Every one of Trump’s that I’ve seen has a specific reference to a law passed by Congress that provides the basis for it.
Congress can at any time rescind their authorization for the president to use his discretion on any given topic.
Congress allowed Obama to throw open the borders without vetting invaders, and Congress allows Trump to re-institute strict vetting.
Congress WANTS to evade responsibility, hoping voters will just blame the president instead of them. The Executive Branch is designed to respond to the president in the absence of enforced directives from Congress.
where was OUR federal judge ruling against Obama’s EO’s?
Hannan in Texas by Abbot as TX AG. was ours. Has gone up the ladder now to SCOTUS I think. But moot with Trump.
Ex Orders are to implement the laws as passed by Congress. There is lots of case law holding that. The job for Trump administration now is to demonstrate that. First with Oregon judge hearing I think.
Here’s an example of an Executive Order “making law.” The most famous Executive Order in American history was issued by Abraham Lincoln. From the Union’s point of view, it “freed the slaves” in the states in rebellion under the President’s constitutional authority as Commander-in-Chief. From the point of view of the Confederacy, it deprived sovereign citizens of a seperate nation of their lawful property without just compensation.
Wrong.
Obama attempted to legislate through executive orders, but he's one of few (if any) presidents who've ever attempted to circumvent the Constitution in that way.
You're talking as though executive orders are a new and unusual invention. They aren't. Every president, including George Washington, has issued them. They're merely communiques from the President to his various agencies, in which he sets forth his legal and constitutional directives.
Maybe EO’s should be stopped. Let congress take all the heat. The President is an executor and enforcer of the laws. His only duty is to obey the Constitution. Let’s see how that works for a while. We didn’t like Obama’s EO’s. Just stop it. Let’s obey the law at ALL times for the good or for the worse. Over reach has always been a problem.
I fully realize that the safety of our country rests in the President’s hands. If judges want to deprive him of fulfilling his duties, let that be on the liberal conscience...it is most of them that will be targeted.
In fact, it's the only one anyone really needs to read.
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