The President Can Make Federal Law On A Matter Via Executive Order

1949 Words Nov 25th, 2014 8 Pages
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 as when congress refuses to pass a bill. This question is of extreme importance, especially when considering America’s current political setting. For example, the affordable care act tentatively dubbed as “Obama Care”. The bill stalled in congress due to republican opposition in congress. President Obama then made use of executive orders by passing the bill via executive order. In addition, he recently declared that he would use the presidential tool of executive order on immigration reform.
In order to ascertain whether or not the president can issue an executive order that makes federal law on a matter for which there are no federal or state laws. Firstly, I will examine the Constitutional provisions specifically those of the executive…
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