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Executive orders....no wonder the Gop'ers have their panties in an uproar. ... (Original Post) Historic NY Nov 2014 OP
Kick! Here's to further knots! Cha Nov 2014 #1
Brother Buzz to the GOP: You snooze, you lose Brother Buzz Nov 2014 #2
Yup, elleng Nov 2014 #3
LOL, that is great, informative in a very clear, easily understood format... Spazito Nov 2014 #4
But a few facts concerning executive orders... davidn3600 Nov 2014 #5
In this instance, it boils down to Presidential control of federal law enforcement merrily Nov 2014 #6
Panties in an uproar? pinboy3niner Nov 2014 #7

Spazito

(50,339 posts)
4. LOL, that is great, informative in a very clear, easily understood format...
Thu Nov 20, 2014, 01:38 AM
Nov 2014

for even the most uninformed watcher.

 

davidn3600

(6,342 posts)
5. But a few facts concerning executive orders...
Thu Nov 20, 2014, 02:39 AM
Nov 2014

Executive orders cannot change current law. In other words, because we already have a law that details how a person becomes a citizen, the president cannot just point to someone and say, "you're now a citizen." That would be illegal because it changes existing law. The order can only exist either as a directive of how an existing law is enforced within the executive branch, or exists in an area where no law exists. In this immigration situation, it is the former that is true here. The president is simply issuing a directive of how a current law is being enforced. But it does not provide "permanent amnesty." So the GOP is exaggerating that. Congress can change the order through a bill. Or the next president can unilaterally reverse the order.

Also just an FYI,
A executive order also has to stay within the bounds and scope of the executive branch. An executive order for example can't change the rules of congress. It can't overrule a Supreme Court decision. It has to stay in the domain of the executive authority. An executive order also cannot be used to do an action that the constitution gives to a different branch. So an executive order cannot be used to declare war or levy a tax, because the constitution specifically gives those powers to Congress.

merrily

(45,251 posts)
6. In this instance, it boils down to Presidential control of federal law enforcement
Thu Nov 20, 2014, 03:25 AM
Nov 2014

by federal agencies within the Executive Branch, as to which the President is given power by Clause 1 of Article II of the Constitution of the United States. However, Clause 8 of Article II of the COTUS does have something to say about how the Chief Executive exercises that power:


Before he enters the Execution of his Office, he shall take the following Oath or Affirmation:—"I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.


So, it further boils down to whether his executive orders are faithfully executing his responsibilities as the current occupant of the Office of the President.

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