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Are Executive Orders Constitutional?

This is a discussion on Are Executive Orders Constitutional? within the Politics forums, part of the US Discussion category; A Presidential Executive Order, whether Constitutional or not, becomes law simply by its publication in the Federal Registry. Congress is by-passed. Here are just a ...


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Old 01-14-2013, 11:52 PM
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Are Executive Orders Constitutional?

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A Presidential Executive Order, whether Constitutional or not, becomes law simply by its publication in the Federal Registry. Congress is by-passed. Here are just a few Executive Orders that would suspend the Constitution and the Bill of Rights. These Executive Orders have been on record for nearly 30 years and could be enacted by the stroke of a Presidential pen:

EXECUTIVE ORDER 10990 allows the government to take over all modes of transportation and control of highways and seaports.
EXECUTIVE ORDER 10995 allows the government to seize and control the communication media.
EXECUTIVE ORDER 10997 allows the government to take over all electrical power, gas, petroleum, fuels and minerals.
EXECUTIVE ORDER 10998 allows the government to take over all food resources and farms.
EXECUTIVE ORDER 11000 allows the government to mobilize civilians into work brigades under government supervision.
EXECUTIVE ORDER 11001 allows the government to take over all health, education and welfare functions.
EXECUTIVE ORDER 11002 designates the Postmaster General to operate a national registration of all persons.
EXECUTIVE ORDER 11003 allows the government to take over all airports and aircraft, including commercial aircraft.
EXECUTIVE ORDER 11004 allows the Housing and Finance Authority to relocate communities, build new housing with public funds, designate areas to be abandoned, and establish new locations for populations.
EXECUTIVE ORDER 11005 allows the government to take over railroads, inland waterways and public storage facilities.
EXECUTIVE ORDER 11051 specifies the responsibility of the Office of Emergency Planning and gives authorization to put all Executive Orders into effect in times of increased international tensions and economic or financial crisis.
EXECUTIVE ORDER 11310 grants authority to the Department of Justice to enforce the plans set out in Executive Orders, to institute industrial support, to establish judicial and legislative liaison, to control all aliens, to operate penal and correctional institutions, and to advise and assist the President.
More: THE EXECUTIVE ORDER
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Old 01-14-2013, 11:56 PM
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Executive order - Wikipedia, the free encyclopedia
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Old 01-14-2013, 11:58 PM
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Executive Orders and Proclamations - Wikisource, the free online library
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Old 01-14-2013, 11:58 PM
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If you bothered to pick up the Constitution you would know the answer.
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Old 01-15-2013, 12:00 AM
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Quote: Originally Posted by Politico View Post
If you bothered to pick up the Constitution you would know the answer.
I'll leave that to SCOTUS.
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Old 01-15-2013, 12:25 AM
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Executive orders can be used in an emergency to enforce laws that are already on the books but they cannot be used to creat new laws or circumvent the constitution.
Issuing a presidential order that attempts to circumvent the constitution would be a big mistake for mister popular.
Oh! that should be president popular - sorry, I forgot my PCness.
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Old 01-15-2013, 12:27 AM
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Quote: Originally Posted by PaulS1950 View Post
Executive orders can be used in an emergency to enforce laws that are already on the books but they cannot be used to creat new laws or circumvent the constitution.
Issuing a presidential order that attempts to circumvent the constitution would be a big mistake for mister popular.
Oh! that should be president popular - sorry, I forgot my PCness.
Well, Sparky, you obviously ain't no constitutional law professor...
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Old 01-15-2013, 12:40 AM
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Well, let Obama institute one and we'll find out.

FDR's executive order 9066 authorized the internment of Japanese Americans.

I would call that Unconstitutional...but the Supreme Court upheld it as constitutional.

Just goes to show you again, as with Dred Scott, the Supreme Court might be the final arbitrator, but it is also as flawed as any human institution.
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Old 01-15-2013, 03:34 AM
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The president has no ability to grant himself or the executive branch powers not granted to them by the Constitution or existing federal law. Any attempt to do so would violate his oath of office, any executive order not backed up by law ain't worth the paper it's printed on. If you bother to read the Constitution, the only right the president may suspend is habeas corpus, nothing else is in his power.
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Old 01-15-2013, 04:25 PM
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We'll see...
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Old 01-15-2013, 04:32 PM
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In Article I Section I of the Constitution it is clear that all legislative powers reside in Congress. The Executive Branch has the responsibility to execute the laws passed by Congess. An Executive Order is not legislation it is a order issued by the President to enforce laws passed by the Congress. While Executive Orders are not mentioned in the Constitution it has been a precedent for a President to issue Executive Orders that he deems to be necessary and proper.

The “Necessary and Proper” clause in the Constitution found in Article I Section 8 was not intended to give Congress and the authority to do whatever they felt was a good idea. This clause meant that they had the authority to pass any legislation that was necessary and proper to implement the powers delegated to the United States in Article I Section 8.

The President is the Chief Administrative Officer of the Executive Branch of Government and has the authority to implement policies and procedures that are neccesary for the administration of the duties and responsibilities that have been assigned to him by the Constitution. Policies and procedures passed by Congress are called laws and effect all of the people. An Executive Order is a policy or procedure issued by the President that is a regulation that applies only to employess of the Executive Branch of government.

Any Executive Order that has any effect on individuals that are not government employees in a violation of Article I Section I. Whenever the President issues and Executive Order that extends to all of the people.

Are Executive Orders Constitutional? ? Tenth Amendment Center Blog

i agree with the above
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Old 01-15-2013, 04:34 PM
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Old 01-15-2013, 04:36 PM
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Quote: Originally Posted by Lakhota View Post
Quote: Originally Posted by Politico View Post
If you bothered to pick up the Constitution you would know the answer.
I'll leave that to SCOTUS.
Can't we just leave it up to Emperor Obama and not bother anyone.
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Old 01-15-2013, 04:36 PM
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Quote: Originally Posted by Lakhota View Post
We'll see...
I sincerely hope he pushes everything he wants this week, then what you will see is how fast congress can shut his ass down, if he gets too inventive.
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Old 01-15-2013, 04:46 PM
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The world dislikes Obama, he has a nack for pissing off Countries ,the people around him dislike him , many Americans dislike him, he seems to running out of friends. oh I do think the Mexicans like him ,he gives them free shit and American jobs.

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