I, POTUS: A final thought on Executive disOrder

Image result for executive order signature

Just to point out the obvious as a final thought. The POTUS said he’d undo all of Obama’s Executive Orders on day 1. He hasn’t. The only thing he’s done is write a bunch of nonsensical new ones and then hold them up for display like it’s some sort achievement.

Here’s my issue with that, the one no one is really talking about.  The POTUS is of the same party holding the majority in the House and Senate and said he would sign whatever came to his desk. So, why isn’t POTUS waiting on his party to send him legislation that’s been thought through by the best most experienced legal minds?

Apparently he just wants to be seen to be doing something important? Because it’s certainly not about writing good law that will help our country. And I’m all for creating modern and better law that meets the needs of our current state. The US has a ton of things that need addressing. Even Republicans agree

Florida Senator Marco Rubio said:

“My biggest fear is that by doing it in this way, by doing it by executive order, by ignoring the Congress, it’s going to make it very hard to get something done that is permanent and that’s really where the solution lies on this issue.”

(BYT, this is Rubio actually talking about Obama’s use of discretion to halt deportation of immigrant youths who had been brought into this country as infants, and failing to realize that a president’s discretionary directive, which is not law, is not an Executive Order, which is law.)

Obama tried and tried to work with Congress to make things happen. But the Republicans took a stance not to do their job (or help the country) by passing needed legislation or even installing a new Supreme Court Justice. Only as a last resort did Obama get into discretionary memos and Executive Orders.

The current POTUS has been wallpapering his new office with ill considered, unvetted, ridiculous Executive Orders and discretionary memos from day 4 (the day he actually got to his office). Why? He only has to ask his party in Congress or his officials at the various government departments if something is possible and then, if so, ask that Department to make it happen.

Why does the POTUS feel he has to use Executive Orders at all? And wasn’t the use of Executive Orders the very thing that had all the Republicans up in arms and calling Obama a petty dictator over? Didn’t the GOP say it was an “unprecedented power grab” using “end-runs around Congress” and “executive overreach” or government by “executive fiat”?

For anyone that cares, there is a list of POTUS discretionary directives/memos, proclamations, and executive orders kept as  running tab by CNN. If you don’t know the difference between these things, you can read the article about by USA Today.

The most important points to know?

Publication: Executive orders are required by law to be published in the Federal Register. Presidential memoranda may be published or not, depending on the subject. But it’s the publication of the memorandum that gives them “general applicability and legal effect.”

Authority: An executive order must cite the authority the president has to issue it. That could be the constitution, or a specific statute. Presidential memoranda have no such requirement.

Amendments: An executive order can only be amended or rescinded by another executive order. A presidential memorandum can only be changed with another memorandum.

Cost estimates: Congress requires the White House Office of Management and Budget to report the cost of ALL executive orders and only those memorandum with an estimated regulatory cost of $100 million or more.

It makes no sense for the current POTUS to be whipping off Executive Orders or directive memos at this point in his administration given he has full support in both houses, unless it’s being used as a means to make certain things law that he and only he as POTUS can reverse, thus all together eliminating democratic government even by the elected members of his own party Congress.

I personally don’t mind having a functioning government. I did not vote Republican this year but I wasn’t going off the rails over having a functioning Republican govt because just functioning was a big step in the right direction. But the truth is, we don’t even have that. We have an actual dictator making law ignoring his own 100% supportive Congress. And the Republican majority just sits there and twiddles their thumbs. Do your job, Congress. Make rational laws, and represent the interests of the nation and the people! Act as a check and balance on the Executive Branch.

Honestly, if you aren’t appalled by all this, you’re probably the citizen of another country.

 

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