Executive Orders: Unconstitutional

The Constitution. Even after a landmark election, nothing will change until the people change
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As new polls indicate that only 4% of Americans think more gun control is an important issue, and the United States Senate, even if just temporarily, did the right thing and voted to stop further infringement of the 2nd Amendment, this illegal and imperial President has indicated he intends to “write law” via yet another unconstitutional Executive Order.

Executive Orders – by what authority?

Article II does not give any President the authority to write legislation or to adjudicate laws which affect the citizens of this country. The executive order can only be used, constitutionally, for the administration of government operations and employees. Article I, specifically gives legislation over the people to only the Congress.

A common misconception which has been used to excuse the unlawful use of the Executive Order is that every President, including George Washington has used them. While this is “factually” correct, it is not true that George Washington abused it. His EO’s were limited to the operation of the Executive Branch and did not ever legislate laws for anyone outside of the government.

The first modern-style Executive Order: The Emancipation Proclamation

However, the most wide reaching violation of the Executive Order came from one of this country’s greatest Presidents, Abraham Lincoln. His Emancipation Proclamation of January 1, 1863 was, for certain, noble, just and something long needed and overdue. For that reason, that Executive Order met small and disorganized opposition from the legislative branch and……. the precedent was set.

Other Presidents then began ignoring the Constitution while the Congress sat by like twiddle-dee and twiddle-dumb. The Executive Order issued on December 7th, 1941, by the left’s most popular and loved President, FDR, ordered the rounding up of and imprisoning American citizens. This order was not only unconstitutional relating to Article I, but it violated every right and protection our Constitution guaranteed to the people.

Over the years, because neither the Congress nor the Courts have stepped in to stop the power grab by the executive branch, the violations of our Constitution, by most Presidents, has persisted, increased and now is on the verge of creating and Imperial Dictatorship.

It has become so pervasive and common that the implementation of Executive Orders is described thusly:

Regulations issued by the president that do not require Congressional approval, become law after 30 days.

First of all, where did that decree come from? Its certainly not found in the Constitution. And notice how they so cavalierly confront the Constitution by pronouncing the order as ” becoming law”, an authority the President does not have.

An impeachable offense

King of the Executive Order

De Facto President Barack Obama, king of the Executive Order. Photo: TPATH

When an executive order creates or amends Federal regulations or creates or amends existing law, those orders are illegal and are impeachable offenses. The executive order was intended to give authority to the Chief Executive to set rules for how the executive branch would operate. Not to a allow the circumvention of the authority of the other two branches.

As TPATH has stated on other occasions, if any aspect of our Constitution is ignored, for any reason, all aspects of it are in jeopardy.

Congress, over the decades, having neglected their legal oversight concerning legislation and more recently allowing the eligibility requirements as defined in Article II, Section 1, to go unenforced, has endangered our country to the point where calling it a Republic seems almost ludicrous.

If we are to survive, not as wards and serfs of the state, but a free people, the Congress had better step up and stop the illegal use of the Executive Order and thereby halting this dictator “wannabe” before it’s too late. If it’s not already.

Reprinted from Tea Party Advocacy Tracking Hub