Wicked Commentary

May the President Lawfully Make “Executive Orders”?

The Guiding Principle is this:  The President has no authority to do ANYTHING apart from constitutional authority or statutory authority (assuming the statute itself is constitutional).

1.    So!  Respecting those matters within his constitutional authority & duties, and authority & duties imposed by constitutional statutes, the President may make “orders” – call them “executive orders” if you like.

For example: It is the President’s constitutional duty “to take care that the Laws be faithfully executed”. Thus, he has the duty to enforce [constitutional] laws made by Congress.  How does he enforce the laws?  Sometimes, by means of “orders”.

To illustrate: Say Congress makes a law, as authorized by Art. I, Sec. 8, clause 6, making it a felony to counterfeit the Securities and current Coin of the United States.  If U.S. Attorneys are not prosecuting counterfeiters, the President should “order” them to do it. Or fire them.

But say Congress makes a law which purports to make possession of shotguns shorter than 18 inches a crime.  Since the President’s Oath requires him to “preserve, protect and defend the Constitution”, he is obligated to “order” the U.S. Attorney General and the U.S. Attorneys to refuse to prosecute anyone for possession of sawed-off shotguns. Why?  Because such a “law” is unconstitutional as outside the scope of the legislative powers granted to Congress in Our Constitution.  It also violates the Second Amendment.

Clearly, such an order to refuse prosecution falls within the President’s constitutional duties (enforce the Constitution), and he is giving an order to people within the Executive Branch. The President is the one who is charged with carrying out the Acts of Congress – he has the “executive Power”.  But because of his Oath, he may not carry out unconstitutional “laws”. That is one of the checks on Congress.

The President may also properly make orders addressing housekeeping issues within the Executive Branch:  Dress codes, no smoking or drinking on the job, he may encourage executive agencies to hire qualified handicapped people, and the like.  Just as if you have a business, you may make orders addressing such matters.

So! Do you see?  The President may lawfully make orders to carry out his constitutionally imposed powers and duties, and powers bestowed by statutes which are constitutional; and he may address “housekeeping” issues within the Executive Branch.

2.   But a President may not lawfully, by means of “orders”, exercise powers not delegated to him by the Constitution or by (constitutional) Acts of Congress.

Yet Obama has issued various executive orders which are unlawful because they are not authorized by the Constitution or by (constitutional) Acts of Congress. Here are two executive orders which are particularly pernicious because they undermine our foundational Principle of “Federalism”, and have as their object the “improper consolidation of the States into one … republic.”: 10

E.O.13575 – Establishment of the White House Rural Council: This E.O. provides for over 25 federal departments & agencies to run every aspect of rural life!

E.O. Establishing Council of Governors: The effect of this E.O. is to erase the Independence and Sovereignty of the States and consolidate us into a national system under the boot of the Executive Branch.

Joseph Stalin couldn’t do better than this.  These E.O.s are blatantly unconstitutional as usurpations of powers not granted in The Constitution!  So,  Nullify them!

3.   Likewise, executive agencies may not, by means of “administrative rulemaking”, usurp the powers of Congress. (Remember, because of Art. I, Sec.1, all rulemaking by executive agencies is unconstitutional)!

Here are several cases of such unconstitutional rulemaking:

a)  When Congress refused to pass the DREAM ACT, which provided a path to citizenship for certain categories of illegal aliens, ICE had no authority to implement it, in whole or in part, by executive “memo”!  Power over Rules of Naturalization (i.e., who qualifies for citizenship and what are the procedures) is expressly granted to Congress by Article I, Sec. 8, cl. 4, which grants to Congress alone the Power “To establish an uniform Rule of Naturalization”.

The President has no constitutional power over immigration & naturalization except to enforce the Acts of Congress respecting those subjects.  Article II, Sec. 3, which imposes upon the President the duty to “take care that the Laws be faithfully executed”, requires the President to enforce such constitutional Acts of Congress.

But if Congress refuses to make a law respecting naturalization, a President who enacts it anyway,  via “executive order”, or “administrative regulation”, or “administrative memo” by his underlings in the various executive agencies, is acting lawlessly.  His unlawful acts should be nullified, and he should be removed from office for his usurpation.

b) Congress recently did not pass three sinister and grotesquely unconstitutional bills Obama wanted: “Card check“, “Cap and Trade“, and the Disclose Act.  These bills are unconstitutional as outside the scope of the legislative powers granted by our Constitution to Congress. Nowhere does our Constitution give Congress authority to make laws about labor unions (“card check”), or to regulate carbon emissions – CO2, the stuff humans and animals exhale, and plants & trees need for photosynthesis (“cap and trade”), or requiring people with federal contracts to report their personal political activities to the Executive Branch (“Disclose Act”)!

Since Congress may not lawfully make laws on such subjects, no one can. Yet, Obama is circumventing the Constitution and implementing these three failed & unconstitutional bills by agency rulemaking or executive order!:

The National Labor Relations Board, is implementing “card check” by agency regulation.  Read this.

The Environmental Protection Agency is implementing “cap and trade” by agency regulation. Read this.

And it appears that Obama – in furtherance of his “agenda” to reward his supporters and punish non-supporters – is considering signing an executive order to implement the Disclose Act. Read this.

So! Let us sum this up:  The President must always uphold our Constitution. When Congress makes an unconstitutional law, the President must refuse to implement it; and he may, by means of executive orders, instruct people in the Executive Branch not to comply.  E.g., if a President orders the U.S. Attorneys to decline to prosecute persons for possession of sawed-off shotguns, he would be acting lawfully because Congress has no authority to ban them. But the President is violating the Constitution when he implements “card check” by agency rules made by the NLRB; when he implements “cap & trade” by agency rules made by the EPA; and the “Disclose Act” by executive order, because the President and executive agencies (as well as Congress) do not have authority over these objects; and further, no one in the Executive Branch has authority to make “laws”!

What Should we do about illegal Executive Orders & Rules made by Executive Agencies?

A Congress filled with he-men and she-women, instead of ignorant cowards, wusses, and wimps, would impeach obama for his usurpations in signing unconstitutional executive orders, and in circumventing Congress by having executive agencies implement, by means of administrative rules, legislation which Congress did not pass.  In Federalist Paper No. 66 (2nd para), Hamilton expressly states that impeachment is an essential check on a President who encroaches on the powers of Congress; and in Federalist No. 77 (last para), points out that impeachment is the remedy for “abuse of the executive authority”.

But since the people in Congress are too ignorant and weak to rid us of the abomination in the White House, the States and Counties must nullify unconstitutional executive orders and administrative rules, or submit to slavery and the destruction of our Constitutional Republic. Since State and County officials have taken the Oath to support the U.S. Constitution (Art. VI, last cl.), they are bound by Oath to refuse to submit to illegal executive orders and illegal agency rules.

And of course, WE THE PEOPLE and our businesses must also spit on such illegalities by the Executive Branch. Our “creature” (Federalist No. 33, 5th para, Hamilton), has turned into Frankenstein, and has lost all legitimacy.

This information was taken from the blog of:  http://publiushuldah.wordpress.com/category/executive-orders/

To continue reading more on Executive Orders go to Publius Huldah’s site where tons more of Constitutional law is explained.


Comments on: "Executive Orders – The Truth" (12)

  1. The Clyde solution? DO AWAY with executive orders. Period. For ANY potus.


    • clyde,

      What is explained is the president has the right to do away with an unconstitutional law by Congress. Obamacare falls under this, it is not constitutional. So Romney should and must repeal this act and order that Obamacare not be followed by any of the states. The states also have the right to nullify Obamacare in their states. If Romney should lose the states should nullify this abomination immediately.

      Unfortunately Obama has used EOs unlawfully and can be impeached over them. Of course we have a balless wonder Congress who won’t do a thing about it.


  2. willibeaux said:

    Mrs. Pepper’awk! This whole EO fiasco has gotten out of hand. It was my understanding when I was employed by the Executive Branch that EOs were used only to affect clarify or responsibilities of the Executive branch and not do an end run around Congress to get something done. If they had the gonads they would emasculate the SOB.

    Zero has grossly abused this and Congress meekly sits by and lets him do it.

    As far as Zerocare being repealed by Romney issuing an EO, I have doubts whether he has Constitutional authority since SCOTUS has ruled it to be the law of the land.

    SCOTUS unfortunately is the court of last resort.

    Zero boldly proclaimed that DOMA was unconstitutional and DOJ wouldn’t defend it, an impeachable offense if there ever was one.

    ‘oohRah!! 😉


    • Willi,

      it is specifically stated that a president can nullify or make illegal a law passed by Congress that is not Constitutional. So Romney can execute a repeal on it. The SCOTUS ruling was not on Constitutional grounds. Publius Huldah explains that one further. I may have not included that part in this post for brevity sake.

      Presidents are only allowed to use Executive Orders to make sure the legislative branch is not usurping its’ power. Well, that is exactly what the Demon rats did with this Obamacare. Nowhere in the Constitution does it say Congress can pass a law on our healthcare.

      So SCOTUS is NOT the last resort, And Publius Huldah makes it clear how wrong SCOTUS was. You might want to go to the link I put up to read about that end further.

      The Miscreant in the WH has committed many impeachable offenses, but we have a Congress who has no balls to do anything about him. That is really the sad part for us. Instead of representing and protecting us from the abuse of power by this president they are not representing us at all, but leaving us to the wolves.


  3. willibeaux said:

    Correction!! “affect clarification or responsibilities”. Sorry!


  4. Good post Pepp!

    And excellent info. Too bad that Ovomit don’t recognize any of it. To him, as we all know, the Constitution means nothing! And apparently it no longer means anything to the Congress! Ovomit is up there ruling as a Dictator and Congress does nothing to stop him. We may as well not even have a Congress. In fact it looks like they are all complicit to this Treason!


    • Thanks Hawk. I thought it would be very interesting to find out just how many of these EOs can be ordered. Voila! I find out something very different than what we have been led to believe and yes, nobody up there in Cesspool Crook City has an iota of knowledge about the Constitution.


  5. Pepp,

    Excellent post! No one has ever abused the power of EO’s like this radical for sure. I’m still with clyde on the opinion EO’s should be done away with. Simply too much power for one person in my opinion and we are getting a perfect example of how dangerous that is right now. The checks and balances just don’t balance out.


    • Dave,

      Apparently the Constitution allows for EOs but under very limited circumstances like I explained to Will. The president is only supposed to use them when he finds that something has been done unconstitutional by the legislative branch.

      Of course this Fraud uses them only for his agenda which is anti American.


  6. History has shown repeatedly that when an overwhelming political and social catastrophe strikes a nation, the people turn against the ruling class, often with a vengeance. In the United States, that ruling class is presently dominated by the American left.


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