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What are the limits on executive orders?
Posted on 11/5/14 at 2:25 pm
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?
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 on 11/5/14 at 2:29 pm to Jake88
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 on 11/5/14 at 2:31 pm to Jake88
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 on 11/5/14 at 2:34 pm to Jake88
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.
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 on 11/5/14 at 2:36 pm to Jake88
quote:
Every President threatens and does use these to govern.
Fify
Posted on 11/5/14 at 2:37 pm to DeltaDoc
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?
Could you direct me to a law that states what you just said?
Posted on 11/5/14 at 2:38 pm to Green Chili Tiger
No shite, but he'd be the first to use it to legalize illegals, or so he suggests.
Posted on 11/5/14 at 2:39 pm to Jake88
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 on 11/5/14 at 2:41 pm to RockyMtnTigerWDE
I bet Ronald Reagan never overused executive orders
Posted on 11/5/14 at 2:44 pm to Jake88
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 on 11/5/14 at 2:45 pm to Freder
quote:
I bet Ronald Reagan never overused executive orders
Posted on 11/5/14 at 2:48 pm to DeltaDoc
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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