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Are Executive Orders Constitutional?

By on October 22, 2011 in Uncategorized
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In Article I Section I of the Constitution it is clear that all legislative powers reside in Congress. The Executive Branch has the responsibility to execute the laws passed by Congess. An Executive Order is not legislation it is a order issued by the President to enforce laws passed by the Congress. While Executive Orders are not mentioned in the Constitution it has been a precedent for a President to issue Executive Orders that he deems to be necessary and proper.

The “Necessary and Proper” clause in the Constitution found in Article I Section 8 was not intended to give Congress and the authority to do whatever they felt was a good idea. This clause meant that they had the authority to pass any legislation that was necessary and proper to implement the powers delegated to the United States in Article I Section 8.

The President is the Chief Administrative Officer of the Executive Branch of Government and has the authority to implement policies and procedures that are neccesary for the administration of the duties and responsibilities that have been assigned to him by the Constitution. Policies and procedures passed by Congress are called laws and effect all of the people. An Executive Order is a policy or procedure issued by the President that is a regulation that applies only to employess of the Executive Branch of government.

Any Executive Order that has any effect on individuals that are not government employees in a violation of Article I Section I. Whenever the President issues and Executive Order that extends to all of the people. Congress has a responsibility to the people to veto any Executive Order that has any effect on non governmental employees.

When a President issues an unconstitutional Executive Order and Congress allows the order to stand they are violating their oath to preserve, protect and defend the Constitution.

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rob1982
rob1982

Then every president in the history of this nation except Pres. Harrison, has violated the constitution and that may have been because he died a month after taking the oath of office. In recent history Pres. Reagan issued the most (381). Robert Walker

dougathm
dougathm

Article 1, sec. 6 of Constitution requires Congress to set its own pay (not the President).  The 27h Amendment , applied 1992, requires that all such pay raises do not take effect until after the next congress is sworn in.  Article 2, sec. 3 states tht the Presient shall take care that the laws be faithfully executed (and Congress passed no such law)..  Also no part of any executive order may direct agencies (such as treasury) to conduct illegal or unconstitutional activities by paying for these pay raises.

 

President Obama violated his oath of office on Thursday, Jan 3, 2013 when under his executive order, he gave to returning members of Congress, the Vice-President, and all federal workers  1/2 to 1 % raise in pay taking effect on March 27, 2013 

MichaelBaker
MichaelBaker

 @dougathm This was not a pay raise, he simply rescinded a freeze on congresses already approved pay raise which I believe may have been a violation of the constitution when it was enacted?

William
William

The Executive corrupt.

This is true but law makers must be law abiders and when we have people in our Congress that are not law abiding and easily swayed by special interest no good laws shall come from it. Further more when our executive branch does not use our Constitution as A Republic to issue such orders is tyranny on full display and when the people of such a Republic sit idly by and allow such an activity we can be certain our foundation is gone, unknown, not used and ignorance becomes very apparent.

It becomes important to clean up our house now and again from parasites who will not remove themselves and their uselessness. When Government becomes corrupt it will only bring about corrupt laws, corrupt choices and distort the direction that was defined in the beginning.

There comes a time when we make ourselves independent of any such corruption by refusing to agree to it and defining and renewing A Republic stance by principals, by a foundation that is solid for which to decide from.

We have corruption in our constitution by a corrupt congress and these acts are far from any oath of office. It is time to arise once again to be independent of such corrupt by all activity.

The producers of this nation have all brought about great experiences we have needed and wanted, we have the power, we are the value of this nation by all exchange. We are the Public within A Republic by definition who create ideas, agree to these ideas and the decision to bring them into existence. No good idea was put here without us, NOT ONE! It is time we recognize our skills, our abilities and step up to the plate to revive our Republic and to oppose this oppression within our midst.

Even under the Federal Tax code with a social security card you are deemed a Federal Employee and this code is very corrupt.

No more force is possible than the deciding force where agreement is seen and the actions defined by the achievements brought into existence. Why would we think A Republic would be any different an activity?

The constitution can only stand corrected when our Republic is back on track and our principals fully known and utilized.

Our Declaration of Independence our guide, our foundation and our principals for which WE STAND!

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