The Presidential Executive Order; What is it?

Can a President “write law” when it is the job of The Congress?

According to Wikipedia, Executive orders are made to help agencies of the Executive Branch of Government, manage their operations. Executive orders generally deal with internal affairs of government, including how and to what degree laws will be enforced, dealing with emergencies and with waging war. They have the full force of law.

There is no constitutional statue that explicitly permits executive orders. Articles 1, section1, clause 1, defines the authority of the President and says that to ” take care that the laws be faithfully executed”, carried over to Article 2, section 3, clause 5.

An Executive Order of The President must find support in the Constitution, either in a clause granting the President specific power, or by a delegation of power by Congress to The President.

Formal Executive orders go as far back as 1862 , with Abraham Lincoln.

The most Executive orders by a President was 3,522 by, Franklin Delano Roosevelt . Under his orders, the “Export-Import Bank of The United states ” , “The National Labor Relations Board”, “The National Emergency Council” & “The National recovery Administration” was created.

In 1952, The courts decided, under a Theodore Roosevelt Executive order, that the order was considered invalid because of its attempt to make law, rather than clarify or act to further a law put forth by congress.

In 1999, the Kosovo war was fought by Executive order under President Bill clinton.

In 2014, Congress approved a resolution authorizing themselves to sue the President over his executive order on “employers mandate” regarding The Affordable Care Act (Obama care).

So, is the new “Obama immigration executive order legal”? In my opinion, if it does not enhance an already created law or if he was not directed by Congress, then, it is legally constitutional, until the Courts untimely say no!

It does not matter if we are talking, immigration, guns, butter or world trade, Many wonderful things & agencies have happened by the over 8000 executive orders, issued by our Presidents since the creation of our Constitutional America

But that does not mean these orders are not against the law. It means that we are willing to break the law-and look the other way- for a peaceful nation!

 

Anthony Rivieccio is a 5 decade northwest Bronx resident and business owner. He was President of the “204th St/Bainbridge Ave Merchant Association”, “Former member of Community Board 7” and Founder of “North Bronx Thinktank” & “Northwest Bronx Democrats”. Anthony is a published columnist and has written for distingued newspapers like: The Norwood News, The Riverdale Press, The Bronx News, Parkchester news, The Bronx Times and The Bronx Chronicle.