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Executive Orders, Do They Give Bush the Power he Wants.

July 30, 2007

On July 27th I posted a blog entry entitled Anti-War Protesting Could give Your House To The Administration. After posting that entry and going into debate with a few people at Yahoo political room 6, I was told that I was lying and spreading propaganda when I said, that G.W. Bush had the power to pull off what the latest of his Presidential directives, and Executive orders. The main argument was The (P) Resident needs to have a law passed by Congress, and that only Congress can pass a law. This is not true.

Well making sure of what I was talking about, I researched this subject extensively. It seems that I was right; A President can make law and invoke it. Then it is up to the congress to change what they don’t like, or get the votes needed to shoot it down.

The Nation

If Congress does not like what the executive branch is doing, it has two main options. First, it may rewrite or amend a previous law, or spell it out in greater detail how the Executive Branch must act.

Of course, the President has the right to veto the bill if he disagrees with it, so, in practice, a 2/3 majority if often required to override an Executive Order.

The power of the veto is very important to remember. What it means is that an executive order can be made by a President and just ride it out.

Executive Orders (EOs) are legally binding orders given by the President, acting as the head of the Executive Branch, to Federal Administrative Agencies. Executive Orders are generally used to direct federal agencies and officials in their execution of congressionally established laws or policies. However, in many instances they have been used to guide agencies in directions contrary to congressional intent.

Executive Orders do not require Congressional approval to take effect but they have the same legal weight as laws passed by Congress. The President’s source of authority to issue Executive Orders can be found in the Article II, Section 1 of the Constitution which grants to the President the “executive Power.” Section 3 of Article II further directs the President to “take Care that the Laws be faithfully executed.” To implement or execute the laws of the land, Presidents give direction and guidance to Executive Branch agencies and departments, often in the form of Executive Orders.

The use of the Executive Order dates back to George Washington, but was not numbered until 1862, when Lincoln suspended the Writ of Habeas Corpus.

So after that is said the only thing to ask is, Since Bush and Cheney said that they are not part of the Executive Branch do his Directives, and Orders fall under this. Oh I think they have changed their minds.

ABA

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