The abuse of so-called executive orders is an excellent example of how far down the wrong road we have gone. The Constitution grants no power to the Executive branch to make new law- in good times or bad! There is now no longer any difference between a presidential executive order and the decree or edict of some Pharaoh, Caesar, or monarch! The following was taken from Joel Skousen’s 7-27-07 ‘World Affairs Brief’-, Commentary and Insights on a Troubled World: “Next, let’s consider the legal basis of Executive Orders. This particular president [George W. Bush] has gone beyond the customary use of Executive Orders. Basically, an EO is merely an instruction from the President to his own executive branch, directing them to do things that ultimately must find support in lawful statutes. In no case is it appropriate to create new laws or punishments applicable to citizens or other branches of government outside the Executive or where not specifically mentioned in the law. Constitutional lawyer Larry Becraft pointed out to Devvy Kidd that we have examples in case law where the Supreme Court has overturned executive privilege. In YOUNGSTOWN CO. v. SAWYER, 343 U.S. 579 (1952) 343 U.S. 579, the Supreme Court wrote: ”The Founders of this Nation entrusted the lawmaking power to the Congress alone in both good and bad times. It would do no good to recall the historical events, the fears of power and the hopes for freedom that lay behind their choice. Such a review would but confirm our holding that this seizure order cannot stand.’ The issue was President Truman’s attempt to nationalize a US steel company under the guise of a national war and economic emergency. The court wasn’t buying it. Nevertheless, one or two cases doesn’t make an impenetrable barrier to executive or judicial mischief. Such decisions only establish a partial precedent in law-which the courts are free to disregard as they will. They are not bound by precedent. With the current proclivity of the Supreme Court to back this administration’s ‘war on terror’, I would not bet on this particular case protecting us against dangerous Executive Orders.”
Posted on: Mon, 01 Sep 2014 18:14:41 +0000
Trending Topics
Recently Viewed Topics
© 2015