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  • Posted by $ blarman 3 years, 9 months ago
    Technically, Executive Orders are supposed to be directions to Federal law enforcement and other agencies on how to carry out already-enacted laws. Any EO which creates a new law is illegal according to the Constitution, being a usurpation of the Legislative Branch. Unfortunately, the American people have been conditioned to think that the Office of the President is empowered to create laws themselves. When Barack Obama got away with it by implementing DACA despite the explicit wording in the Constitution which grants control over immigration to Congress (and his own admissions that his actions were unConstitutional), it emboldened him (and now Joe Biden) to do the same.

    A major part of the rest of the problem is this tendency of Congress to write overly-broad laws establishing Executive Branck bureaucracies and then allowing them broad leeway in policy-setting - such broad leeway that they are effectively creating law. The ACA was one such example. For a great overview on the legal issues of deferral, I'd highly recommend Ballotpedia's in-depth coverage of the pro's and cons.

    What is the cure? In my perfect world there would be twilight provisions which automatically terminate every government program after only two years unless it is specifically re-funded and re-authorized for another two years. I would also add a stipulation that each such re-authorization would have to be packaged and passed independently of all other legislation, forcing a specific vote on each program and tying up the Legislature with their own red tape.
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  • Posted by DrZarkov99 3 years, 9 months ago
    Executive orders are supposed to be limited in scope to directing the offices of the Executive Branch (cabinet) in how to implement laws enacted by the Legislative Branch (Congress). Unfortunately, the Congress hasn't done its job of calling the Executive when the orders exceed presidential authority. When Obama created DACA, he freely admitted he was exceeding his constitutional authority, and Congress, always happy to duck responsibility, gave him a pass. When President Trump tried to force Congress to act to make DACA legal by rescinding the illegal order, Congress ignored him, and allowed a biased judiciary to declare the DACA order was not unconstitutional.

    That is the tangled web of the executive order, and its abuse has given the office of the President near dictatorial power, while a slack Congress refuses to do its job. Unschooled voters have become subjects who think of the President in monarchical emotions, as the "great father" who will protect and care for his subjects. Too many of us no longer think like independent free citizens, passively waiting for the next gifts/abuse, whining when we don't like them, but unwilling to take action.
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  • Posted by Caerwyld 3 years, 9 months ago
    It is all part of the checks and balances created by our forefathers who created the three branches of government!
    Unfortunately none are taken to task for violating the Oath of Office that they (and by they I mean EVERY elected official in the United States of America!)
    To uphold the Constitution and the Bill of Rights as they are currently written!
    When these disreputable elected officials from the President right through the Senate and Congress they should be given a fair and immediate trial!
    If they are found guilty, they should be immediately removed from office and BANNNED FOR LIFE from ever seeking any government positions!
    If their actions were also criminal, they should then be tried and if convicted, jailed ... PUBLICLY!
    As a sign that the Honor of the United States will not be tarnished by such riff raff!!!
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  • Posted by term2 3 years, 9 months ago
    I think the plethora of laws and proclamations and orders had better be backed up by heavy duty enforcement, or in this day and age people will just do what they feel is right until they are "caught".
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  • Posted by $ Thoritsu 3 years, 9 months ago
    Did anyone notice that the "masks" EO was a request?
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    • Posted by $ blarman 3 years, 9 months ago
      My bet is that he didn't want to test a Constitutional challenge to the authority of Executive Orders. He's going to save that for one which is really controversial, like gun registration or confiscation. And he won't do one of those without getting rid of a couple of Supreme Court justices first - or simply adding more. If they add three left-wingers to the Supreme Court, Roberts won't hesitate to join them in overruling the plain text of any of the Constitutional Amendments.
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  • Posted by bobsprinkle 3 years, 9 months ago
    Seems like 4 yrs of one set of laws and then 4 yrs of laws that are just the opposite. It is a totally unproductive yo-yo set of "laws".
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    • Posted by rhfinle 3 years, 9 months ago
      Look up on Youtube:"This equation will change how you see the world (the logistic map)" by Veritasium.
      Under certain conditions a system can experience oscillation, which gets stronger and more complex until the action breaks down into chaos. I see in this our political system oscillating from Eisenhower conservative to Johnson liberal to Nixon conservative to Carter liberal to Reagan conservative to Clinton liberal to Bush conservative to Obama liberal to Trump conservative to Biden liberal. The swings become stronger and more erratic every time as more destabilisation enters in, and the system finally explodes into anarchy. If you don't have precisely the conditions for this, it's also possible that the system eventually locks in one or the other mode, which, very unfortunately, may have just happened to the United States. This outcome is likely far worse.
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      • Posted by bobsprinkle 3 years, 9 months ago
        I believe it will get worse.Executive orders will NEVER (in my lifetime) be eliminated. Congress is so fractured it will never settle on anything. Congress does NOT have the country's interest at heart. It only has political strength as its main interest.
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        • Posted by rhfinle 3 years, 9 months ago
          You've got that right. Executive orders should be constrained to emergency situations and wars. Have you noticed, a few years ago when there were many older Republicans and fewer older Dems, there was a push to 'Vote the Rascals Out'?
          Not anymore...
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  • Posted by KevinSchwinkendorf 3 years, 9 months ago
    Executive Orders have jurisdiction over the Executive Branch of the Federal Government. They do NOT have jurisdiction over the American People (directly). Also, EOs do NOT have legitimacy only if/when they are written by Democrat presidents!!! I seem to remember EOs written by President Trump, cancelling EOs written by President Obama (e.g., "DACA"). What we need are federal judges who will intervene and block Biden's EOs (it would seem, by precedent, that even some low-level "night-court" judge in Honolulu would suffice!).
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  • Posted by minesayn 3 years, 9 months ago
    I just looked up on Google the number of EOs signed by the last several presidents. Here is the list:
    Consolidated list by president
    # President Total executive orders
    42 Bill Clinton 364
    43 George W. Bush 291
    44 Barack Obama 276
    45 Donald Trump 220

    All were two-term presidents except for the last, for what it is worth.
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  • Posted by minesayn 3 years, 9 months ago
    I don't like Executive Orders either, BUT every president signs them. Four years ago, Trump did the same thing and continued throughout the four years..If I recall, he signed a Muslim ban, got out of the Paris accord, etc. And presidents before him got into office and started signing EOs as well.

    Yes it is the Legislature branch who are supposed to make laws, but they haven't been for some time.The House makes a bill and sends it off to the Senate, but if the Senate leader doesn't want to deal with it, it sits there. Now, if the majority leader want something done, they can get it through.
    Frustrating...
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