The Myths
Presidents can issue executive orders that are legally binding on the general public.
These executive orders are backed by the full force of law just like laws passed through the formal legislative process.
A president can use executive orders to go around congress.
The president can use executive orders to modify laws passed by congress and can order executive departments to selectively enforce provisions of laws.
These executive orders are authorized by the Constitution.
The Truth
Yes the president can issue executive orders however these orders are only binding on members of the executive department of the federal government. They are not legally binding on anyone outside the executive department.
Only laws passed through the formal legislative process have full force of law. Executive orders do not meet this requirement.
Congress alone has the power to write and pass laws. If congress chooses not to pass laws that the president advocates for the president can in no way act unilaterally. The president is restrained by the Constitution.
The president must enforce laws that are passed by the formal legislative process as they are written. If the president does not like a bill passed by congress or feels it violates the Constitution then the president can veto it before it becomes law.
Issuing executives orders that are given the full force of law is a clear violation of several provisions of the Constitution.
The Facts
The framers of the Constitution greatly feared concentration of power into a strong tyrannical central government so they incorporated many features in the Constitution that they believed would prevent this from happening. The Constitution created a government with three distinct branches. Each branch is granted separate distinct powers that are clearly spelled out in the Constitution. This separation of powers is one of the cornerstones of the Constitution that they believed would prevent concentration of power.
RTWT It spells out exactly what each branch of government is responsible for, including making law.
Obama can meet with whomever he want's, but his pen is only good for signing the laws that congress passes. He has no authority to enact any gun laws at all. He's blowing hot air up the asses of the gun haters
Thanks to David C.
1 comment:
Addendum...
Congress has largely abdicated its legislative authority to the executive branch in the form of regulation and rules making.
Regulations and rules have the force of law.
An executive order to make a regulation thus, has the force of law.
The above is probably unconstitutional if you're not a lawyer or a judge and haven't spent years learning to unread.
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