Pass Laws For All Intents And Purposes

Executive order is a rule or order issued by the president to an executive branch of the government and having the force of law. Executive Order (EOs) were used since President George Washington but were not mandated to be publicly released until 1900. To date, there have been thirteen thousand eight hundred and seven executive orders. Many argue that these orders are unconstitutional as it gives one-person authority to make changes without consequences and without the consent of Congress. The term executive order is not a principle found within the Constitution. EO is derived from Article II, Section I of the Constitution in which it states, “the executive Power shall be vested in a President of the United States of America”. The term executive power was never defined, leaving it open to the interpretation of each president. That statement coupled with Article II, Section III “he shall take Care that the Laws be faithfully executed” has been the backbone of how presidents have been able to create these orders.

The federal courts have power to decide only those cases over which the Constitution gives them authority. These courts are located principally in the larger cities. Only carefully selected types of cases may be heard in the federal courts.

A presidential executive order is an instruction issued by the President of the United States in exercising the constitutional authority vested in him to pass executive orders. This authority is derived from Article II, Section 1 of the Constitution of the United States of America, which means the presidential executive order has the power to become a law. Presidents have been mostly using presidential executive orders to issue directives in regard to managing the ways in which the federal government functions. Thus, presidents usually issue executive orders for the purpose of changing or improving the operations of the executive branch and federal agencies and to execute constitutional or statutory presidential duties and tasks. It is in

The President may create presidential orders. These are orders set by the president that have the force of law. With this ability, the President has the power to enforce whatever they like, as long as it is constitutional. As seen in document five (5), presidential orders can have both positive and negative effects. Order 9066 hurt many US citizens and created conflict within our nation while orders 9981 and 10730 help put an end to segregation within the very same people.

During the Writing of the United States Constitution, the Framers wanted a new government, but NOT a king. They split up the Government into three branches, the Executive, Legislative, and Judicial branches. The Executive branch is run by the president. The Framers wanted the president to have power, but not too much power where he converts into a king. The Frames decided to allow him to give executive orders over laws.

It is true that the Court cannot enforce its decision but must leave this to the executive and legislative branches. For example, when the decision to ban public school prayer came down, many states avoided complying with the "spirit" of the ruling by advocating a "moment of silence" to start off the school day. The Supreme Court banned this also in 1985 by redefining and rewording their intent (Woll 146). However, the Court does rely heavily on social support of their ruling and the reputation of the

I agree with the statement that the federal courts act in an undemocratic manner. The decision in Marbury v. Madison is not really the issue, it was the Supreme Court granting itself the power of judicial review. In declaring Article XIII of the Judiciary Act of 1789 unconstitutional the Supreme Court acted in contradiction to the Constitution by usurping the rights of the states and individuals as granted by the Tenth Amendment. The only way to return judicial review would be for the states or individuals to file suit in federal court to petition the Supreme Court to stop exercising judicial review. Unfortunately this case would end up before the Supreme Court making the entire process moot.

By definition, an executive order is "a presidential policy directive that implements or interprets a federal statute, a constitutional provision, or a treaty."An executive order can also be categorized under executive directives, and executive proclamation. (1) Though many may think of an executive order as an alternative term for a 'presidential proclamation ', it is not. Presidential proclamations are strictly reserved for public policy and for ceremonial purposes, such as the declaration of a day for remembrance, etc. Executive orders find their roots from not only the U.S. Constitution, but Congress as well. Though it 's powers are derived from outside of the executive branch, executive orders do not require any sort of approval whatsoever, and the president can utilize these orders to set up policy and rules while ultimately negating any thought of public opposition. Furthermore, executive orders have the ability to be applied to a wide range of activities and categories, and in the past they have; from implementing internment camps during WWII, sending U.S. troops abroad, to ideals such as increasing the area of national forests. What makes executive orders such a hot topic is that historically, these orders only regulated the internal operational factors of governmental/federal agencies as well as to regulate and oversee public lands, but more recently, has

Although nowhere in the Constitution are executive orders explicitly mentioned, Article II, Section I states that “The executive Power shall be vested in a President of the United States of America.” The President’s power to issue executive orders comes from the Constitution and Congress. Executive orders have the full force of law when they take authority from a legislative power, which grants its power directly to the executive by the Constitution; executive orders do not require congressional approval. Similar to legislative statutes and regulations propagated by government agencies, executive orders are subject to judicial review, meaning that they can be struck down if deemed unconstitutional by the courts. Executive orders are not to be confused with executive agreements. Executive order carries out constitutional powers of the President without having to go through Congress. An executive agreement is an agreement with foreign heads of state concluded by Presidents under their power as Commander in Chief and their general authority in foreign affairs; executive agreements do not require ratification by the Senate. Examples of executive agreements include trade deals and military actions.

In this paper, I will investigate on whether the president can make federal law on a matter via executive order when there are no laws on that matter. First and foremost, what is an executive order? An executive order is a rule or order issued but the president that carries the force of law (ThisNation.com) . In addition “Executive Orders are generally used to direct federal agencies and officials in their execution of congressionally established laws or policies” (ThisNation.com). Furthermore, an executive order does not need congressional approval and can make policies with or without congress. Presidents do this for multiple reasons, to avoid opposition in congress, to unilaterally and swiftly make policy changes, and in some cases such

The President of the United States manages Executive Orders. The President (POTUS) keeps compliant the operations of the Executive branch of the Government through the executive orders. Once the executive orders are signed by the President (POTUS), the White House sends the executive order to the office of the Federal Register (OFR).

When a law is made at the Federal level, is it made with the intent of bettering the living standards of a society and protecting citizens within that society. These laws are made after extensive research is done to deliberate the effect of the law in real life situations. Since we live in such a large and diverse country, when one makes a federal law concerning a very controversial topic, they will be faced with the problem of oppressing almost as many people as they are supporting. Thus, federal laws do not always encompass the traits to make a law that is equal for all, and/or accepted throughout an entire country. This is why our founders created our American democracy, to allow states to make and enforce their own independent laws that

An executive order is a "presidential directive to a federal government agency or agencies that implement or interpret a federal statute, a congressional provision, or a treaty (Magleby, David B)." Executive orders do not require congressional approval meaning the President does not have to run his order through Congress to get it passed. However, Congress and Federal courts can annul any executive order that surpasses the president's authority. The president expresses his executive authority by signing an executive order that Congress wouldn't pass, which is why it's so controversial. Executive orders are controversial because people believe it provides the executive branch with too much power, which contradicts the Constitution. Many people believe Congress should be able to oversee the procedures and orders the president is signing. Additionally, Checks and Balances and the Separation of Powers doctrine limits the authority of each branch. However, in the Constitution, it says the president can issue an executive order without congressional approval. For the president to issue such orders, it must come

The president has more power in domestic affairs than in foreign affairs. According to the article, president Obama was able to make a rule change for overtime pay. He protects the middle class workers from working long days and getting less pay than those workers deserve by increasing overtime pay. The president has the power to enact an executive order in domestic affairs because he of the president of the country. He does have power over foreign affairs. However, he can only give some advice that may benefit for the other countries but cannot directly change rules in other countries.

The basic idea for a law can originate from an array of places ranging from a concerned citizen to the President. In order for a bill to become a law it must begin in either the House or the Senate and can only be introduced by a member of Congress (Schwalbe, 2014). In order for a bill to have a chance at becoming a law it must go through various different stages which include committee consideration, floor debate(by House and Senate), conference committees, and then if both houses pass the bill it is then sent to the president to either be signed and become a law or vetoed. When the president gets the bill he actually has up to five options on what to do with it. (Schwalbe, 2014). He can pass it as a law by both dating and signing it