Executive Order-Huh?

[Tell Sackett SASS 18436]

Exactly WHAT power does a president have to make these? I never even heard of such a thing till recently. What legal standing do they have? Wishful thinking on his part? Carved in stone?

Can someone explain?

 

[H. K. Uriah, SASS #74619]

As I understand the concept, an executive order is supposed to be a presidential order that helps to enforce a law enacted by congress. For example, if congress says that federal buildings can be painted from time to time, the president can order that a particular building be painted.

 

Sadly, many presidents issue orders that are very much a stretch as to if they are actually authorized. Good, bad, or indifferent, I think executive orders should be rare, limited, and should include language explaining what law authorizes them to be issued.

 

Never happen...

[PaleWolf Brunelle, #2495L]

As the head of the executive branch of the federal government, a president can issue executive orders only to employees of the federal government—and only regarding implementing federal laws or programs. A governor can likewise issue executive orders to employees of his state government regarding the laws or programs of that state.

Every sheriff is a county officer, elected by the voters of that county. The Supreme Court held in Printz v. U.S. in 1997 that the Tenth Amendment forbids the federal government from ever ordering any state or local official to carry out a federal program. Ironically, that case also involved a sheriff—Jay Printz of Montana—and a federal gun control law.

 

SOURCE

[Tell Sackett SASS 18436]

Interesting answers! Pretty much says everything we need to know about that baloney.