One of the things that makes me like Michele Bachmann is that she has said that if elected one of the first things she is going to do is go through all of Obama’s executive orders and throw out most of them. After all, Obama has been giving executive orders that not only are not popular, that put the whole nation under some loose kind of rendition (yeah, you nearly forgot about that one didn’t you), executive orders creating more czars than a Bolshevik could possibly deal with, putting in rules specifically rejected by Congress on the deportation of illegal aliens , and of course an executive order that will allow the EPA to shut down power plants.
Let’s see he can veto any law he wants, and now apparently he can write any law he wants on his own, and dare we forget he has the audacity to tell the Supreme Court that it doesn’t have the right to interpret the Constitution differently from him…what do you call it when a single person has all the powers of government invested in themselves?
Now some very, very foolish people have argued that the right of executive orders needs to be done away with. That’s insane. The executive office could never operate if it did not have the ability to issue orders on how to carry out laws. However executive orders are meant to clarify how laws will be carried out, not to write new ones, and certainly not to trump the power of the legislative branch.
Now I would prefer this to be a Constitutional Amendment, and will probably argue for that when I get around to writing a book on all the Constitutional changes that need to be made (but that is years off right now) but for right now it seems that this might only require a law (it may require a Constitutional Amendment, but I’d love to see Obama try to defend some of the shit he’s done with these orders publicly). Congress needs to pass a law that says that any executive order can be taken up by the Senate and voted down by a majority vote. This would return some of the power to the Senate, as the upper house of the legislative branch is supposed to have over the powers of the Presidency in order to check rampant insanity (like what we see with Obama), and offer just another check and balance to the system. Remember it was never supposed to be efficient or powerful.
Now as far as I can tell such a law wouldn’t require a Constitutional amendment since the power of executive orders isn’t exactly a power granted to the president in the first place. So Congress reasserting its right to be the sole legislative authority shouldn’t be a stretch constitutionally (although as I said, this might just make a good amendment anyway).
I think the Senate should have the right to look at any executive order and decide whether it is in line with the laws they have already passed. And if not the right to vote it down. If an executive order isn’t brought up within a year of it being issued it will just be assumed to have passed the bar.
Notice what you’re arguing if you don’t like this. You’re saying that a President can just issue orders of how the entirety of the federal government will act and behave and no one has the right to overrule him. That’s effectively a law, a law without any checks and balances involved in its creation. To give one branch, literally one man, that much power is beyond insane.
For generation this power has mostly been used only to fill in the grey area that comes in with enforcing most laws…but then there came Obama who decided that he should just legislate from the Oval Office whenever he felt like it. This is insane. Even if you agree with everything Obama has done, you have to know that someday a conservative will return to the White House, that’s inevitable, do you want someone you disagree with to have this much uncontrolled, unchecked, unfettered power? I don’t trust Obama, but even if you do, can you honestly say you trust every single person who will ever hold that office to not use that power like a dictator? I doubt it. There needs to be a check on this power. And since it is effectively a law, but one that the legislative branch did not pass, it should be held to a lower standard (only half of one branch has to vote it down).
Yes executive orders are a necessary part of the system. But it is a power that can easily be abused and it needs to be curtailed