New American – Bob Adelmann – 10/12/2012
Such EOs are the perfect embodiment of what the Founders feared the most: the combining of the legislative, executive, and judicial functions into one body. Article I, Section 1 of the Constitution says: “All legislative powers herein shall be vested in a Congress of the
.” As Thomas Eddlem, writing
for The New American, expressed it, “then it stands to reason [that] none is
left for the president.” United
But Joe Wolverton, also in The New American, pointed out the particular piece of language the Founders used to limit the powers of the president which totalitarians have twisted to allow such powers to expand: the “take care” clause, to wit: Article II, Section 3: he [the president] shall take care that the laws be faithfully executed…
With every EO, the president avoids the cumbersome constitutional safeguards spelled out by the Constitution, and uses them to implement policies he "knows" are right. Says Wolverton: "With every one of these … executive orders, then, the president elevates his mind and will above that of the people, Congress and the courts."
Congressman Ron Paul (R-Texas) called EOs patently unconstitutional. When asked about them by Fox News’ Megan Kelly, Paul responded:
The Constitution says that only Congress passes laws. The executive branch is not allowed to pass laws, nor should the judicial system pass laws. So it is clearly unconstitutional to issue these executive orders.
They’ve been done for a long time, both parties have done it, but the Congress is careless. They allow and encourage and do these deals … to get the president to circumvent the Congress. If something’s unpopular and he can’t get it passed, well, let’s just sign an executive order. So I think that is blatantly wrong. I think this defies everything the founders intended. I think it’s a shame that Congress does it, and I think it’s a shame that the American people put up with it.
As far as numbers of executive orders issued, Obama is a piker. At the moment, although the list is growing, his administration has issued only 900 or so executive orders. President Theodore Roosevelt issued 1,006 while President Woodrow Wilson issued 1,791. Even President Calvin Coolidge used the EO “privilege” 1,253 times.
The granddaddy of them all, FDR, issued an astounding 3,728 executive orders, but of course he was in office longer than Obama.
COMMENT: IT’S TIME FOR WE THE PEOPLE TO CHALLENGE EXECUTIVE ORDERS
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