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The Water Cooler
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How the hell are Executive Orders constitutional?
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<blockquote data-quote="mugsy" data-source="post: 1986717" data-attributes="member: 18914"><p>The above is not true or at least is incomplete - EOs can be about military or civilian administrative, organizational, or disciplinary matters and do not have to be about Commerce-related activities. But, as stated, EOs must be in furtherance of either a Constitutional power or a law authorizing said activity. The main conflicts come when Presidents over-reach their authority. BTW - one of the side effects of the hyper-partisan environment of the post-Reagan years is that EOs have become more common as Presidents have sought to "get around" a Congress that is either unable or unwilling to act (or in some cases I would argue the President has willfully acted to circumvent a Congress that would never have agreed to authorize what the EO is trying to do)</p></blockquote><p></p>
[QUOTE="mugsy, post: 1986717, member: 18914"] The above is not true or at least is incomplete - EOs can be about military or civilian administrative, organizational, or disciplinary matters and do not have to be about Commerce-related activities. But, as stated, EOs must be in furtherance of either a Constitutional power or a law authorizing said activity. The main conflicts come when Presidents over-reach their authority. BTW - one of the side effects of the hyper-partisan environment of the post-Reagan years is that EOs have become more common as Presidents have sought to "get around" a Congress that is either unable or unwilling to act (or in some cases I would argue the President has willfully acted to circumvent a Congress that would never have agreed to authorize what the EO is trying to do) [/QUOTE]
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How the hell are Executive Orders constitutional?
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