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What are the limits on executive orders?

Posted on 11/5/14 at 2:25 pm
Posted by Jake88
Member since Apr 2005
68314 posts
Posted on 11/5/14 at 2:25 pm
Obama threatens and does use these to govern. He just said he will use executive orders to fix the immigration system this year.

What are the limits on those orders? Are they time limited? I don't think so. Can Congress usurp them in some manner and slap him down? If an executive can govern like this, why do we have a legislative body for anything but budgets?
Posted by Homesick Tiger
Greenbrier, AR
Member since Nov 2006
54212 posts
Posted on 11/5/14 at 2:27 pm to
Posted by C
Houston
Member since Dec 2007
27824 posts
Posted on 11/5/14 at 2:29 pm to
quote:

What are the limits on executive orders?


Impeachment by Congress. That is the balance of power. If congress is unwilling then oh well.
Posted by Jake88
Member since Apr 2005
68314 posts
Posted on 11/5/14 at 2:30 pm to
There's got to be more than that.
Posted by Godfather1
What WAS St George, Louisiana
Member since Oct 2006
79717 posts
Posted on 11/5/14 at 2:31 pm to
quote:

What are the limits on executive orders?


We're about to find out, I'm afraid.

The answer could well define whether we're still America the Republic, or have become Rome the Empire.
This post was edited on 11/5/14 at 2:34 pm
Posted by DeltaDoc
The Delta
Member since Jan 2008
16089 posts
Posted on 11/5/14 at 2:34 pm to
EO are only supposed to be used to clarify existing laws as passed by congress and signed into law by a president.

Quite obviously, giving amnesty to millions of illegals would not fit within that parameter. Neither would giving citizenship to the ten of thousand of legal immigrant workers in the country.

He is blowing smoke to excite the base.
Posted by Green Chili Tiger
Lurking the Tin Foil Hat Board
Member since Jul 2009
47615 posts
Posted on 11/5/14 at 2:36 pm to
quote:

Every President threatens and does use these to govern.


Fify
Posted by Jake88
Member since Apr 2005
68314 posts
Posted on 11/5/14 at 2:37 pm to
I used to think that was the limit but I've grown uncertain.

Could you direct me to a law that states what you just said?
Posted by Jake88
Member since Apr 2005
68314 posts
Posted on 11/5/14 at 2:38 pm to
No shite, but he'd be the first to use it to legalize illegals, or so he suggests.
Posted by RockyMtnTigerWDE
War Damn Eagle Dad!
Member since Oct 2010
105415 posts
Posted on 11/5/14 at 2:39 pm to
Apparently none with this president. He believes he can do what he wants. If the house and senate want it changed send a bill for him to sign.
Posted by Freder
Member since Aug 2014
809 posts
Posted on 11/5/14 at 2:41 pm to
I bet Ronald Reagan never overused executive orders
Posted by MamouTiger65
Baton Rouge, La
Member since Oct 2007
794 posts
Posted on 11/5/14 at 2:44 pm to
The next President can undo an executive order, basically create his own executive order. The courts can also say that his action is unconstitutional. Congress could pass specific laws that counter his order, but he would just veto those. Congress could also cut funding to areas that make his EO's ineffective.
This post was edited on 11/5/14 at 2:47 pm
Posted by Green Chili Tiger
Lurking the Tin Foil Hat Board
Member since Jul 2009
47615 posts
Posted on 11/5/14 at 2:45 pm to
quote:

I bet Ronald Reagan never overused executive orders


Posted by Jake88
Member since Apr 2005
68314 posts
Posted on 11/5/14 at 2:45 pm to
Please elaborate.
Posted by GoBigOrange86
Meine sich're Zuflucht
Member since Jun 2008
14486 posts
Posted on 11/5/14 at 2:48 pm to
quote:

EO are only supposed to be used to clarify existing laws as passed by congress and signed into law by a president.


This is not entirely true. A lot of them are used for this purpose, but a great many are not. They are often based on statutorily granted authority and/or constitutional executive power.

Executive orders are just directives to federal agencies. You can't as president say "I hereby grant amnesty to all these people." It doesn't work that way. It would have to do with bureaucratic action, but it cannot contradict any existing statute.

Executive orders only have whatever limits the president gives them when they are signed -- there is no set time frame. They do not expire unless the president explicitly provides that they expire. They can be reversed by another executive order (so when you see a new president from the other party come into office, a lot of older orders are quickly revoked). Congress could override an order by passing a law, or, if someone were to sue, the court system could declare it either unconstitutional or unlawful depending on what is at issue.
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