Where does the president get the authority for executive orders that bypass the legislative process and Consti?

Where does the president get the authority for executive orders that bypass the legislative process and Constitution?

That is an excellent question, I have been wondering that myself. I have read the Constitution myself and I can’t find where the Constitution states that the president is allowed to issue "executive orders". I have listened to many Constitutional Lawyers, and one thing that I hear all the time is that an executive order can not contradict existing law. So when Bart Stubak gave his vote for the Health care bill on the basis that the President would issue an executive order banning abortion, that was the most stupid thing Stubak did. The Presidential Executive Order can not go against existing law, and since the new Health Care bill says that the government will pay for abortions, that is the law. Executive orders can not go against existing law. The Senate and the House of Representatives are the ones that make the laws of this country, not the President. It does not matter which President, or how many executive orders a President wrote. When a President thinks that they are above the Constitution we are in trouble. President Obama does not like our Constitution, he has said in the past, "I do not like the Constitution, because it tells me what I can not do. Not what I can do". All he has to do is read it and find out for himself that the main thing that he is to do is provide protection for the American people, meaning secure our borders. That is his first and foremost important job. As a commentator said over the weekend, has anyone realized that the industries that have been bailed out are the most "regulated industries"? The banks, the car manufacturers, Wall Street, are all heavily regulated. McDonald’s and Burger King did not need to be bailed out.

Post Author: mark

8 thoughts on “Where does the president get the authority for executive orders that bypass the legislative process and Consti?

    Teekno

    (June 21, 2010 - 6:20 pm)

    From the constitution.

    Executive orders only apply to the executive branch of government. They are not legislation, they are more along the lines of "company rules."
    References :

    Michelle

    (June 21, 2010 - 6:37 pm)

    George W. Bush signed more Executive Orders than ALL PREVIOUS PRESIDENTS COMBINED.

    I’ll just bet a million dollars you are JUST now hearing the phrase "Executive Order"….. aren’t you?
    References :

    Bev

    (June 21, 2010 - 6:59 pm)

    Here is a list of what he can do

    make treaties with the approval of the Senate.
    veto bills and sign bills.
    represent our nation in talks with foreign countries.
    enforce the laws that Congress passes.
    act as Commander-in-Chief during a war.
    call out troops to protect our nation against an attack.
    make suggestions about things that should be new laws.
    lead his political party.
    entertain foreign guests.
    recognize foreign countries.
    grant pardons.
    nominate Cabinet members and Supreme Court Justices and other high officials.
    appoint ambassadors.
    talk directly to the people about problems.
    represent the best interest of all the people

    Here is what he cannot do

    make laws.
    declare war.
    decide how federal money will be spent.
    interpret laws.
    choose Cabinet members or Supreme Court Justices without Senate approval.
    References :
    https://trumanlibrary.org/whistlestop/teacher_lessons/3branches/17.htm

    Robert W

    (June 21, 2010 - 7:49 pm)

    i asked myself that question too as i have been hearing a lot of talk about executive orders the last 2 years? only the congress has the power to make the laws!! the president can only sign or veto them? he is not allowed to make or change the laws! i am shure if it goes to court it will not be legal!
    References :

    Bill G IV

    (June 21, 2010 - 8:16 pm)

    The executive branch executes the laws passed by Congress. Executive orders define the ways that that execution is to be done. Their breadth and power is a direct result of a government doing far more things than it should.
    References :

    stonebuilder

    (June 21, 2010 - 8:33 pm)

    That is an excellent question, I have been wondering that myself. I have read the Constitution myself and I can’t find where the Constitution states that the president is allowed to issue "executive orders". I have listened to many Constitutional Lawyers, and one thing that I hear all the time is that an executive order can not contradict existing law. So when Bart Stubak gave his vote for the Health care bill on the basis that the President would issue an executive order banning abortion, that was the most stupid thing Stubak did. The Presidential Executive Order can not go against existing law, and since the new Health Care bill says that the government will pay for abortions, that is the law. Executive orders can not go against existing law. The Senate and the House of Representatives are the ones that make the laws of this country, not the President. It does not matter which President, or how many executive orders a President wrote. When a President thinks that they are above the Constitution we are in trouble. President Obama does not like our Constitution, he has said in the past, "I do not like the Constitution, because it tells me what I can not do. Not what I can do". All he has to do is read it and find out for himself that the main thing that he is to do is provide protection for the American people, meaning secure our borders. That is his first and foremost important job. As a commentator said over the weekend, has anyone realized that the industries that have been bailed out are the most "regulated industries"? The banks, the car manufacturers, Wall Street, are all heavily regulated. McDonald’s and Burger King did not need to be bailed out.
    References :
    Exellent question

    […] it turns out, an Executive Order can be signed without the approval of Congress on many issues, but Executive Orders themselves cannot create a new law, which would either be in conflict with or completely override any existing law. A prime example […]

    […] turns out, an Executive Order can be signed without the approval of Congress on many issues, but Executive Orders themselves cannot create a new law, which would either be in conflict with or completely override any existing […]

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