Executive Orders by the President

Executive Orders by the President.

Executive Orders by the President

All presidential executive orders are presumed to be laws. However, they are subject to approval by the Congress. Therefore, not all executive orders are laws. The federal government is divided into three branches by the Constitution of the US of America. The three branches are the legislative, executive and the judiciary (‘Branches of Government,’2015). The founders of the nation separated the three branches in the constitution to ensure separation of power. The reason behind the separation of power was to create checks and balances between the three branches of the federal government. In other, the separation of power was aimed at ensuring that no branch of the government wielded power inappropriately.

Bestowing to Article 2, Section 1 of the US Constitution, the president has power to make law through executive orders (Covington, 2012). That means that the commander has the discreet power to give orders that become law. Even with checks and balances in place, the president can issue orders in line with the powers vested in him by the constitution. For instance, according to Article 2, Section 1, the president is the commander, law implementation officer, and the head of the state and the executive (Covington, 2012). With the legal powers vested in him, he can issue partisan executive orders to fulfill his personal interests despite being in line with the constitutional directives. The ability of the Congress to regulate President’s use of written powers is impeded when the commander is using powers intrinsic in Article II of the Constitution (Gaviano, 2001). President Clinton was accused of making outrageous executive orders inherent in the statutory grant of power. Some of his executive orders were a misuse of power. One of his directives was challenged and recanted in the District of Columbia Circuit Court of Appeal. Separation of powers ensures that no arm of the government misuses powers as in the case of President.

 

 

References

Branches of Government. (2015). Retrieved from http://www.house.gov/content/learn/branches_of_government/

Gaziano, T. F. (2001, February 21). The use and abuse of executive orders and other presidential directives. Retrieved from http://www.heritage.org/research/reports/2001/02/the-use-and-abuse-of-executive-orders-and-other-presidential-directives

Covington, M. (2012). Executive legislation and the expansion of presidential power. Vanderbilt Undergraduate Research Journal, 8, 1-7.

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Executive Orders by the President