Diary

Executive Orders? Not So Much...

Much has been said and little can be added to the criticism of our current president and his hundreds of “executive orders”–clearly against the will of Congress and the American people and even his own talking points in the recent past.

Though oft ignored, the Constitution does NOT give him or any other president legislative powers.  A quick read of Article II reveals not one iota of such authority ON ANY SUBJECT. In fact, Section 3 actually reveals that the Founders wanted the president to have NO such powers (such as the tyrant King George had) at all!

Article II, Section 3.

He shall from time to time give to the Congress information of the state of the union, and recommend to their consideration such measures as he shall judge necessary and expedient; he may, on extraordinary occasions, convene both Houses, or either of them, and in case of disagreement between them, with respect to the time of adjournment, he may adjourn them to such time as he shall think proper; he shall receive ambassadors and other public ministers; he shall take care that the laws be faithfully executed, and shall commission all the officers of the United States. [underline emphasis added]

Again, there is nothing in the Constitution that even remotely resembles what today is being called executive action. In the day of the Founders that was called tyranny.  But note especially that this ABSENCE of any executive action policy-making power is underscored by Section 3, which explicitly directs the president to “recommend to their [Congress] consideration” things he would like done.  Recommend. Not Order. Recommend only.

Policy driven executive orders are clearly not Constitutional.