Issue 7.17
Today we continue to examine the direction of the new Presidency. I have long decried the use of Executive Orders to “make” law and have criticized Congress for not standing up to any president that tries to do so in that way. Here is an outline of President Trump’s Executive Orders so far.
* Minimizing the Economic Burden of the Affordable Care Act (Obamacare) Pending Repeal
* Expediting Environmental Reviews and Approvals for High Priority Infrastructure Projects
* Enhancing Public Safety in the Interior of the United States (Enforcing Existing Immigration Laws)
* Border Security and Immigration Enforcement Improvements
* Protection from Foreign Terrorist Entry into the US
* Ethics Commitments By Executive Branch Appointees
* Reducing Regulation and Controlling Regulatory Costs
* Core Principles for Regulating the US Financial System
* Task Force on Crime Reduction and Public Safety
* Preventing Violence Against Federal, State, Tribal and Local Law Enforcement Officers
* Enforcing Federal Law with Respect to Transnational Criminal Organizations (Cartels) and Preventing International Trafficking (Slavery)
* Order of Succession Within the Justice Department (applies to the office of Attorney General)
After having read through all 12 Executive Orders, 12 Memoranda and 2 Proclamations by the new President, I am satisfied that he has made a better effort than many of his predecessors to respect the limitations on his office. All of these are directives within the Executive Branch of government and, as such, are legally valid unless they violate other law including Constitutional provisions. Whether or not they are morally valid is a subject for individual interpretation and possible corrective action by the Legislative and Judicial Branches. In the case of the restrictions placed on immigration that has received significant press and comment, the courts have become involved and are in process of deciding whether or not the order violates other considerations in the Constitution and established law.
At the end of the Executive Orders, the following fiat is included “This order shall be implemented consistent with applicable law and subject to the availability of appropriations.” This allows for the rescinding of part or all of the EO if it is found to be in violation of the Constitution or applicable existing law. It can also be challenged and rescinded by Congress if they determine that it is morally invalid or contrary to the good of our country and citizens. The fact that Congress has not used this ability is an indication of their dereliction of duty rather than an indication that the President can do as he pleases.
I personally am strongly opposed to a few of the Memoranda (which are simply directives to individual departments within the Executive Branch) because I believe they unnecessarily impact individuals and groups in a negative way in the effort to benefit businesses and corporations. I also find fault with a few of the individual provisions of a few of the Memoranda on a moral and contractual basis (especially concerning his dealing with native tribes in the pipeline and water protection dispute). That said, I will be surprised if the courts determine that President Trump has exceeded his authority. He seems to know the governmental organization well and has taken much effort to comply with the Constitution in what he has chosen to do.
If you take the time to read and understand these orders, and if you find some that you are opposed to, the best option is to contact your Senator or Representative or your State officials and request that they oppose or rescind them. It is my hope that we will all be more involved in setting the direction of our country.
Lynn West is a thinker, a teacher and a patriot. You can reach him through email at forgingthefuture2021@gmail.com or through this newspaper. Liberty is a state of being which must be continually created. These articles can help all of us discover the ways we can contribute to that outcome.