Why is this not surprising

Posted by Robbie53024 11 years, 3 months ago to Government
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Holder cannot point to anything in the Constitution where this power exists.
SOURCE URL: http://washingtonexaminer.com/attorney-general-eric-holder-cant-explain-constitutional-basis-for-obamas-executive-orders/article/2543100


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  • Posted by mminnick 11 years, 3 months ago
    Could it be that there isn't one? More to the point, He knows there isn't one. Still more to the point, Obama knows there is no Constitutional basis for his Executive orders.
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    • Posted by rlewellen 11 years, 3 months ago
      I don't see one if the standard legal test, first described by Supreme Court Justice Robert Jackson, who said the president's authority to issue executive orders is strongest when he does so with the backing of Congress (category one), more dubious when he issues an order pertaining to a topic on which Congress has not passed a law (category two), and weakest when the executive order is "incompatible with a congressional command" (category three) delaying the employer mandate is clearly in category three. I cannot say whether the president has the authority to set the pay scale for people that contract with the federal government.
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