by C Howard Diaz
“In the United States, an executive order is an order or directive issued by the head of the executive branch at some level of government. The term executive order is most commonly applied to orders issued by the President, who is the head of the executive branch of the federal government. Executive orders may also be issued at the state level by a state’s governor or at the local level by the city’s mayor.
U.S. Presidents have issued executive orders since 1789, usually to help officers and agencies of the executive branch manage the operations within the federal government itself. Executive orders have the full force of law, since issuances are typically made in pursuance of certain Acts of Congress, some of which specifically delegate to the President some degree of discretionary power (delegated legislation), or are believed to take authority from a power granted directly to the Executive by the Constitution. However, these perceived justifications cited by Presidents when authoring Executive Orders have come under criticism for exceeding Executive authority; at various times throughout U.S. history, challenges to the legal validity or justification for an order have resulted in legal proceedings.”
The way I read our Constitution a Presidential Executive Order (EO) may be issued by the President of the United States (POTUS) as long as that order only affects any rule, regulation, policy or operation that exists within the executive branch of the United States. The POTUS may not issue an EO that concerns any issue outside of the executive branch and may not affect, change or create any law that may or may not exist outside the executive branch.
The executive branch of the government of the United States may not issue any law or regulation that affects the States or people of the United States. Laws or regulations that affect the people of the United States must be originated by the Congress of the United States as called for by the Constitution of the United States.
If any president makes any attempt to issue and enforce an executive order that affects the people of the United States that president can suffer the charge of misconstruing and abusing the Constitution of the United States. The penalty for misconstruing and abusing the Constitution of the United States shall be impeachment and the only proof required shall be the executive order issued that, by enactment, would affect the people of the United States, create any law or regulation that affects any Constitutional authority outside of the executive branch.
The Congress of the United States may not pass any act or law that gives the President of the United States any authority to issue any executive order that would affect the people of the United States, create any law or regulation that affects any Constitutional authority outside of the executive branch.
Think of the Federal EPA and its rules and regulations that affect the People and States. They are laws.
Think of the Federal Department of Education and its control over our local school systems. They are laws.
Those two examples are not Executive Orders, but laws passed by Congresses over the years without regard to the Constitution. In both cases the States and the People are capable of having their own EPA and Departments of Education.
Think about ObamaCare and 20,000 pages of law being written by staff level bureaucrats.
Think of the Doctor that has stopped taking insurance, Medicaid and Medicare and cut his prices in half. There are far better ways of improving our already outstanding health care system in the U.S., but federalizing it is not the way.
It was John F. Kennedy who approved an Executive Order #10988 that gave millions of federal employees the right to unionize. Do you think it has anything to do with the taxes we pay? To prove no money grubbing union organization would let an opportunity like that go by, the states, counties, cities and towns followed suit.
How’s that working out so far? Cities and States are being bankrupted because of pension plans no ordinary American has in the private sector. All because of an executive order.
Think of the millions or billions of dollars that unions have spent on political contributions for both Republican and Democrats over the past fifty years. Think of the union bosses who just want their piece of meat.
Think of all the government union pensions, meetings, parties, conferences, trips, gifts, the whole nine yards. It all comes from you, the taxpayer.