Executive Orders Threaten Representative Government and Federalism

By Rebecca DiFede – Executive orders have become a common topic in the news recently ever since Obama announced his intention to issue one that will require businesses and individuals bidding on federal contracts to reveal their political donations to the civil servants who are making the contract letting decisions. Many stand in opposition to this potential rule, but because of this power granted only to the President, it will be very difficult for Congress to overturn.


An executive order (E.O.) is a direct mandate from the President that is implemented by the Executive branch. It has the full force of law and can be enacted immediately. If that thought scares you, congratulations, you have a functioning brain.

Though this seeming carte blanche authority is not an explicit power in the Constitution, it is considered implicitly granted as an “executive power” in Article III, Section 1. It can be traced back to 1789 when President Washington gave the first ever executive order, and President Lincoln is considered to have issued the first officially numbered executive order.

To date, there are 13,581 executive orders which are used to manage operations within administration agencies, extend diplomatic immunity for international dignitaries, designate public land, set up affirmative action requirements, etc. Basically, anything the President can issue an executive order about anything that he/she decides is important and it must be honored. If it is particularly egregious, Congress or the Supreme Court could strike it down. But absent action, the executive order stands with the full weight of law.

Rebecca DiFede is a contributing editor to Americans for Limited Government.


CONTINUED:   http://netrightdaily.com/2011/08/executive-orders-threaten-representative-government-and-federalism/#ixzz1VDm5jXTd