Issue 49.14
Actions by recent presidents of both parties are receiving increased scrutiny in the wake of President Obama’s recent E.O. (Executive Order) concerning illegal aliens. It is estimated that this action will change the legal status of about 4 million illegals, allowing them ‘worker’ status. It will also protect approximately 1 million additional illegals from deportation because of their relationship to citizens or those with legal status, including those granted that status by this order.
The U.S. Constitution clearly states, “All legislative power herein granted shall be vested in the Congress of the United States, which shall consist of a Senate and House of Representatives.” (Article 1) In plainer terms, no law can be created except by the Congress. Any other branch of government is precluded from doing so. When a court attempts to create law by judicial fiat, it is out of compliance with the Constitution. Similarly, if a President attempts to create or change law by E.O., he or she is also in violation of their oath of office. In this case, prior offenses do not give current office-holders the right to do the same because of precedent. The Constitution is the supreme law of the land – above both courts and Presidents – and above incorrect precedent.
So what is the proper use of E.O.s? All Presidents have used at least one, except for William Henry Harrison who only served for one month. Most Presidents have understood that the orders in question were to be used to regulate the work of the Executive Branch. The specific responsibility of the Executive Branch is to enforce the law and engage with foreign governments. Under the Executive Branch you will find the FBI, the IRS and the State Department. Direction of these organizations and operation of the White House and its internal day-to-day concerns are what Presidents have generally used them for.
Examples of this would include directing the Secretary of State to warn North Korea to not accost our ships in international waters, ask for the French governments help in a negotiation or telling housekeeping to get a year’s supply of toilet paper. Creating or modifying existing law is not condoned or allowed. The worst offender in number of E.O.s was FDR (Franklin Delano Roosevelt) who issued over 290 per year during his tenure. Compare that to President Obama issuing an average of under 35 per year (lowest since the 1890s).
The problem however, is not with the number, but with the scope. While many of the Executive Orders have been of the ‘house-keeping’ variety that are perfectly fine, recent presidents have increasingly used this action as a way to create law when Congress won’t do what the President wants or won’t do it the way the President wants. The current E.O. would be fine if it instructed the FBI, IRS or State Department in their duties or policies as it pertains to illegal aliens. This E.O. goes much farther, ignoring current law and instructing those agencies to NOT do their duty. For this reason this E.O. should be rescinded. Many other E.O.s from both parties’ Presidents should be over-ridden by Congressional decision or new law.
If this type of action is unconstitutional, why do Presidents of both parties continue to do it? It is simply because no one is stopping them. Members of Congress have the right and the duty to stand up and call for a vote to rescind any Executive Order that over-steps the granted responsibilities of the President. It is the check and balance that the founders created to keep President’s from becoming dictators. Members of both parties have the responsibility to do this, regardless of which party the President represents. If they don’t or won’t take this step, they individually and as a group are derelict in their duty and should be replaced as soon as possible by the voters they represent. They should also do it out of a sense of self-preservation since, if they no longer are the arm of the government that is exclusively responsible for legislation, they are no longer needed.
Every voter should understand this important concept and require the correct application of this remedy by their Senators and House members to prevent the abuse of power by any President.
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.