Executive Orders: Law Changes Or Legal Suggestions?

Executive orders are directives issued by the president to be followed within the executive branch. They are based on existing laws or the Constitution and cannot create new laws or change the Constitution. While executive orders cannot be used to change the law, they can be used to interpret how laws will be enforced and to fine-tune policy choices in the implementation of broad statutes. Executive orders can be challenged in court and overturned if found to be unconstitutional or lacking support by statute or the Constitution. Congress can also override an executive order by passing legislation that invalidates it or by refusing to provide funding for its implementation.

Executive orders are not lawmaking

Executive orders are directives issued by the President of the United States, which are to be followed within the executive branch. They are not lawmaking in the ordinary sense and do not have the power to change or override existing laws or the Constitution.

Executive orders are based on existing laws or the Constitution and are subject to judicial review. They can be overturned if found to be inconsistent with or unsupported by applicable laws or the Constitution. In the case of Harry Truman's Executive Order 10340, which placed all the country's steel mills under federal control, the order was found to be invalid as it attempted to make law rather than clarify or further an existing law or constitutional provision.

While executive orders cannot create new laws, they can have significant effects and influence over the internal affairs of the government. They can, for example, demand budget cuts from state governments or direct agencies to review and revise existing rules and policies. However, executive orders cannot unilaterally revoke existing rules or laws; they can only direct agencies to begin the process of revising or withdrawing them through subsequent rule-making.

The power to make laws rests with Congress, which can also override an executive order by passing legislation that invalidates it or by refusing to provide the necessary funding for its implementation. While the President can veto such a decision, Congress can override the veto with a two-thirds majority.

They are directives to be followed within the executive branch

Executive orders are directives to be followed within the executive branch. They are issued by the President and remain in force until they are cancelled, revoked, adjudicated unlawful, or expire on their terms. The President may revoke, modify or make exceptions from any executive order, whether it was made by the current president or a predecessor.

Executive orders are not lawmaking in the ordinary sense. They are based on existing laws or the Constitution and do not create new laws. They are directives to be followed within the executive branch by virtue of the President's inherent power to appoint or remove agency heads and other officials.

Executive orders are subject to judicial review and may be overturned if they lack support by statute or the Constitution. They must be consistent with and operate within the limits of applicable law, whether found in the Constitution or statute.

While executive orders cannot change the Constitution or legislation passed by Congress, they can have significant effects and influence over the internal affairs of the government. They can decide how and to what degree legislation will be enforced, deal with emergencies, wage wars, and fine-tune policy choices in the implementation of broad statutes.

Congress has the power to overturn an executive order by passing legislation that invalidates it or by refusing to provide funding for its implementation. However, this is a difficult process due to the supermajority vote required and the political criticism that may ensue.

Congress can overturn an executive order

Executive orders are directives issued by the President of the United States to manage the operations of the federal government. They are not laws in the ordinary sense but are rooted in Article II of the US Constitution or enacted by Congress in statutes.

Executive orders are subject to judicial review and may be overturned if they lack support by statute or the Constitution. While the President can issue executive orders to federal agencies to implement a statute, they cannot override federal laws and statutes. The US Constitution gives Congress control over matters such as taxation, spending, and certain war powers.

Another way to overturn an executive order is through the courts. A court can hold that an executive order is unlawful if it violates the Constitution or a federal statute. Additionally, any future President can issue a new executive order that rescinds or amends a previous one.

Executive orders can be struck down if they are unconstitutional

Executive orders are directives issued by the president to the executive branch. They are not law-making in the ordinary sense but are meant to ensure that "the laws be faithfully executed". Executive orders cannot override federal laws and statutes, and they are subject to judicial review.

Executive orders can be struck down if they are found to be unconstitutional. The US Constitution does not explicitly permit the use of executive orders, and the president cannot use them to sidestep checks and balances or take over powers from other branches of government. An executive order that attempts to create an obligation, right, or penalty outside the scope of an existing statute or enumerated presidential power would be a legislative act, encroaching on Congress's authority to make laws. This would violate the Separation of Powers doctrine and be deemed unlawful and unconstitutional.

Upon issuance, parties who have standing, meaning they would be injured if the order were to take effect, can sue the president and any government agencies tasked with executing the order. They can seek a declaration that the order is unconstitutional and/or unlawful and request that the government be prevented from enforcing it.

Congress has the power to overturn an executive order by passing legislation that invalidates it or by refusing to provide funding for its implementation. While the president can veto such a decision, Congress can override the veto with a two-thirds majority.

Many of President Trump's executive orders, for instance, have been challenged in court for their unconstitutionality.

They are subject to judicial review

While executive orders issued by the President of the United States can have significant effects, they are not laws in the same way that Congress passes laws. Executive orders are directives to be followed within the executive branch and are based on the President's inherent power to appoint or remove agency heads and other officials. They are not law-making in the ordinary sense and do not have the same authority as laws passed by Congress.

Executive orders are subject to judicial review and may be overturned if they are found to be inconsistent with or unsupported by applicable law, whether in the Constitution or statute. This means that courts can strike down executive orders if they are deemed to be unconstitutional or lacking legal support. For example, President Harry Truman's Executive Order 10340, which placed all the country's steel mills under federal control, was found invalid by the Supreme Court because it attempted to make law rather than clarify or further an existing law.

The Supreme Court has held that all executive orders from the President must be supported by the Constitution, whether from a clause granting specific power or by Congress. This means that executive orders cannot create new laws or amend the Constitution. Any attempt by the President to create new laws through executive orders is illegal and can be challenged in court.

While the President can issue executive orders based on existing laws or the Constitution, these orders can be challenged in court and may be subject to judicial review. The courts can determine whether the orders are consistent with applicable laws and have the power to overturn them if they are found to be unlawful. This ensures a system of checks and balances, preventing the President from exceeding their constitutional authority.

In addition to judicial review, Congress also has the power to overturn or end an executive order by passing legislation that invalidates it or by refusing to provide funding for its implementation. While the President can veto such a decision, Congress can override the veto with a two-thirds majority. However, this is considered a rare event due to the supermajority vote required and the potential political criticism faced by individual lawmakers.

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