The Right Stuff: Presidential executive orders are not law - Fairfield Daily Republic
There is no explicit definition in the U.S. Constitution of executive orders, proclamations and presidential memoranda. Thus, there is no provision authorizing their issuance.
Article I of the U. S. Constitution says, “All legislative powers herein granted shall be vested in a Congress . . . ,” and Article II says, “The executive power shall be vested in a president . . . .” To most of us it is clear that the legislative branch should do all legislating and the executive branch should do enforcement of laws. However, there is an unsupported opposing school of thought that believes presidential executive orders and memoranda have the power of law.
In a Supreme Court majority opinion (Youngstown v. Sawyer, 342 US 579, Jun 1952), Justice Hugo Black stated, “The president’s power to see that laws are faithfully executed refutes the idea that he is to be a lawmaker . . . executive orders stem either from an act of Congress or from the Constitution itself.”
In a concurring opinion (same case), Justice Robert Jackson stated a three-part test of presidential powers that has been used since in cases involving the president’s potential for overreaching of powers with executive orders and memoranda. He stated the president’s powers are highest when he has direct or implied authority from Congress to act, middle level when it was unsure which branch coin the wishes of Congress.
Executive orders are not in and of themselves law. They may carry the weight of law, but only as follows: 1. They are directed to a department or other government entity under the constitutional authority (Executive Branch) of the president; 2. The orders do not violate the Constitution or local, state or federal statutes, which lawfully derive its authority from the Constitution.
The president does not have any power or authority to create law. Executive orders and memoranda must conform to law. Deferred Action Childhood Arrivals (DACA), originated by a Barack Obama executive order, was ruled illegal by the 5th Circuit Appellate Court, July 2021.
President Joe Biden, acting like a king, has issued the following executive orders:
• Preventing all drilling for oil on federal lands and closing the Arctic National Wildlife Refuge.
• Canceling the congressional-approved Keystone Pipeline Project.
• Terminating the addition of more fencing to our country’s southern border.
• Removing penalties against sanctuary cities that disregard lawbreaking by immigrants who are in the country illegally.
• Mandating that undocumented immigrants be counted in the Census.
• Requiring travelers to wear masks in airports and when traveling on planes and buses.
• Restoring the Mexico City policy that had forbidden U.S. financing of abortion in foreign countries.
• Reinserting the United States into the Paris Accord dealing with international environmental rules.
• Reopening Deferred Action Childhood Arrivals (DACA).
• Reversing a travel ban on some Middle East countries without vetting capability.
President Biden’s executive order for Covid vaccinations, or testing mandate for large businesses, was struck down by the U.S. Supreme Court, saying it would represent a “significant encroachment into the lives and health of a vast number of employees.”
The justices said, “Although Congress has given OSHA the power to regulate occupational dangers, it has not given that agency the power to regulate public health more broadly. Requiring the vaccinations of 84 million Americans, simply because they work for employers with more than 100 employees certainly falls in the latter category.”
The U.S. Supreme Court again made it clear presidential executive orders are not laws and cannot be enforced as such. Nonetheless, Biden has signed 84 executive orders and 64 presidential memoranda.
For an excellent review of the legality of executive orders and numerous interpretations of the U.S. Constitution, read “The Original Constitution” by Natelson, 2015 edition. President Biden, by his blatant misuse of presidential executive orders, arrogantly believes he is above the law or he is too cognizantly impaired to understand the difference between executive orders and the law.
Roger Oberbeck, is a Navy veteran, electrical engineer, Navy nuclear engineer, author, and biotech senior validation engineer. He is a member of the Right Stuff Committee and can be reached at [email protected].
Editor’s note: President Joe Biden has issued 85 executive orders since taking office, according to the Federal Register. President Donald Trump issues 220 executive orders over the courts of four years; President Barack Obama issued 276 executive orders over the course of eight years; President George W. Bush issued 291 executive orders over the course of eight years; and President Bill Clinton issued 254 executive orders over the course of eight years.
source: https://www.dailyrepublic.com/all-dr-news/opinion/local-opinion-columnists/the-right-stuff-presidential-executive-orders-are-not-law/
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