Are Executive Orders Law? A Case Study on the Limitations of Presidential Powers and Authority

The Short Answer

No, they are not in and of themselves law.

The Middle Answer

Executive Orders may carry the “weight of law,” but only insofar as:

1.  They’re directed to a department or other government entity under the Constitutional authority of the President of the United States of America…

and

2.  The orders themselves do not violate the Constitution itself or any local, state, or federal statute which lawfully derives its authority from the Constitution.

For example, the President can direct one or more of his department heads to conduct their affairs in a certain manner.  He cannot direct a department head to violate the Constitution in any manner, nor can he direct the affairs of any entity not under his direct administrative authority as proscribed and limited by the Constitution.

The Long Answer

There is no constitutional provision or statute that explicitly permits executive orders.  The authority to do has been assumed by all Presidents, from George Washington on, from Article II, Section 1, Clause 1 of the Constitution, which simply states:  “The executive Power shall be vested in a President of the United States of America.”  It has widely, though errantly been assumed Article II, Section 3, Clause 5 cements this power, but when we actually read this clause, it only states, “he [the President] shall take Care that the Laws be faithfully executed.”

Article II, Section 3, Clause 5 does NOT give the President any power or authority to create law.  It’s a restriction on his power, not permission.  It simply means that the President and his actions while in office must conform to all laws, beginning with, but not limited to the Constitution of the United States of America.  All additional legislation, provided it legally adheres to the Constitution, is also binding to the President, his staff, and all departments beneath his office, including all Amendments, which themselves are integral components of the Constitution itself.

Thus, does the President, Congress, or the Supreme Court have any right, power, or authority to direct any government agency or group within a that agency to violate the Fourth Amendment protections?

No, they don’t.

While the office of the Presidency is quite powerful, our Constitution places a tight reign on both the limit and scope of those powers.  Let’s see what powers the President does have, by examining those listed for the President in the Constitution of the United States of America, in Article II, Sections 2 and 3:

1.  Commander in Chief of the Army and Navy of the United States (self explanatory)

2.  Commander in Chief of the Militia of the several States, when called into the actual Service of the United States

Note:  U.S.C., as well as both federal and Supreme Court decisions, has limited the term “Militia of the several States” to apply only to the National Guard, and has excluded any application to either any other militias mentioned in State Constitutions or to the armed general populace

3.  May require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices

Note:  Put simply, he can ask his department heads “what’s going on?”

4.  Shall have the Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of impeachment (self-explanatory)

5.  Shall have power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur

Note:  Our President can NOT make a treaty without a 2/3 Senate concurrence, and he must get their advice first.  Thus, any “Gun Ban Treaty” is both illegal and unenforceable without 2/3 Senate concurrence.

6.  Shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein other otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the the President alone, in the Courts of Law, or in the Heads of Department.

Note:  This one requires some dissection.  All senior officers of the various executive departments, of which their are 15, such as the Department of Defense, all key sub-departments (such as the Department of the Air Force), all ambassadors, public Ministers and Counsels (representatives of foreign governments), Supreme Court Justices, and a few others categories require 2/3 advice and consent of the Senate.  The second part allows for the appointment as a civil or military office by procedure outlined in law.  Thus, military officers are given a “Presidential Commission” by procedure, not directly by the President himself.  By “inferior Officer” they’re referring to lower levels, such as the Undersecretary of the Air Force and the Chief of Staff of the Air Force.

7.  The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Note:  In January, 2013, a federal court indicted President Obama because Obama made appointments during a temporary recess of the Senate while the Senate was still in session, instead of between sessions.  Those whom he appointed remain in office, illegally.

8.  He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient.

Note:  First, the State of the Union address is a requirement, not an option.  Second, it’s a duty for him to recommend necessary and expedient measures to Congress for their consideration.  Obama utterly failed in that duty.  He instead used it as a chest-pounding, “LOOK AT ME!  Look what I have done!  I have created FIRE!” type of speech.

9.  He may, on extraordinary Occasions, convene both Houses, or either of them…

Note:  The Japanese bombing of Pearl Harbor was one such occasion.  The 9/11 attacks were another such occasion.  There have been few other such occasions throughout the course of American history.

10.  …and in Case of Disagreement between them, with Respect to Time of Adjournment, he may adjourn them to such Time as he shall think proper.

Note:  If the two houses, during an “extraordinary Occasion,” disagreed on the time of adjournment, this clause gives the President the authority to set a time.  However, he can only do so if the two houses disagreed on a time.

That’s IT, ladies and gentleman.  This is ALL the President is authorized to do with respect to administering the duties of his office.

So who has the Constitutional power and authority to create law?  Article 1, Section 1:  “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.”

Note:  The term “legislative” means “power or authority to create law.  Please note the President (executive branch) is not mentioned.

I’d like to point out two additional sections which are quite relevant:

Article II Section 4:  “The President, Vice President and all civil Officers of the United States, shall be removed from Office on Impeachment for, and Conviction of, Treason, Bribery, or other high Crimes and Misdemeanors.”

Some of Obama’s “high crimes” (felonies) and misdemeanors are being presented to the U.S. Supreme Court today (February 15, 2013).  Among them are Obama’s failure to register for the United States Selective Service System.  This is a felony, and disqualifies anyone who commits this felony from holding any position in the United States Government.

In summary:  Are Executive Orders Law?

Short Answer:  No.

Medium Answer:  They carry the weight of law, but he has no authority to either create law or violate the law.

Long Answer:  Hell no.

That’s an infringement, people… Some interesting statistics

Our Second Amendment is abundantly clear:  “A well regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed.”  I’ve covered the details of each portion of it elsewhere.  and countless very bright and capable people, such as Penn and Teller, as well as Bill Whittle, clearly bring home the bacon.  Sadly, there remain far too many knuckleheads in Washington who can’t read, much less understand, the common American English in which our two-page Constitution and its Amendments were penned.

Consider the following news excerpt:  “With emotions running high in the aftermath of the Newtown Sandy Hook shooting, politicians on the State and Federal level have begun introducing legislative actions to curtail access to firearms…”

That’s an infringement, people, and it shall not be tolerated.  Ever.

“…parents may soon be forced to register firearms with their child’s school under threat of criminal penalties.”

That’s an infringement.

“In Massachusetts, another proposal would require storage of semi-automatic rifles at government approved storage depots.”

That’s an infringement.

“…in the State of New York, congressional representatives have already passed legislation that requires registration of every semi-automatic rifle…”

That’s an infringement.

“…and reduces maximum magazine capacity to 7 rounds of ammunition…”

That’s an infringement.

“…and Governor Cuomo has floated the idea of gun confiscation.”

That’s an infringement.  A massive one, at that.

What the hell is wrong with you people?  Did you fail out of fifth grade?  Did you never take Civics or American History like the rest of us?  What the hell is your major malfunction?  Why is it you don’t understand the meaning of the word “infringement” and why trespassing on this ground have killed hundreds of millions more people than all firearms in the United States?  If you can’t answer that question, you failed history.  Get thee to a library!

Merriam-Webster:  “an encroachment or trespass on a right or privilege,” and by the way, it’s the Bill of RIGHTS, not the Bill of “privileges.”

The Tenth Amendment to the U.S. Constitution very clearly states that “powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.” Furthermore, our Second Amendment to the U.S. Constitution very clear forbids ANY infringement on the right to keep and bear arms.

Since NO powers concerning firearms were delegated to the U.S., and since the Second Amendment specifically forbids any infringement on the right to keep and bear arms, these proposed infringements are illegal.

I repeat:  THEY ARE ILLEGAL.  They are un-Constitutional.  They are unenforceable (at least by law enforcement officers who adhere to their oath of office).  They are unlawful.  Every civil, military, and law-enforcement officer and naturalized citizen who took an oath of office to support and defend the Constitution has a duty to OPPOSE these outlandish un-Constitutional infringements on our right to keep and bear arms.

God willing, we will.  Armed societies are SAFE societies.  The next time Piers Morgan tries to convince you that his 35 gun murders per capita in the U.K. is somehow better than America’s 11,000 gun murders, just ask him why violent crime in the U.K. per capita is still THREE TIMES higher in the U.K. than it is in the U.S.  The U.S., despite it’s “massive” gun ownership rate, remains very close to the average for violent crime throughout the world.  Most anti-gun countries top the U.S. in terms of violent crime.  One that doesn’t is Switzerland, which requires every male homeowner to be fully trained and armed with a state-supplied assault rifle.  They have one of the lowest violent crime rates in the world.

So, do not let Piers Morgan, Feinstein, Pelosi, Obama, Sarah Brady, Matt Damon, Hillary Clinton, Rosy O’Donnell, or any other the other anti-gun jerks twist the facts on you.  KNOW the facts.  The truth will set you free.

By the way — Statistics don’t lie.  Tell you what, health care officials.  When you can equal our success rate, you will have earned the right to share your opinion with us.

Until then, shut it.

Health Care Stats
Health Care Stats

Jeapordy: “Trayvon Martin” — “What ties Obama, Holder, Corey, and Zimmerman together?

Repeat after me: “It is lawful to use deadly force in cases of self defense. It is lawful to use deadly force in cases of self defense. It is lawful to use deadly force…”

…particularly when you’re defending yourself against aggravated assault.  In case you’re wondering what that means, it means if you don’t defend yourself, you’ll likely be dead very soon. Technically it means to “cause serious bodily injury to another person with a deadly weapon.” If you don’t think Trayvon Martin’s use of a slab of concrete sidewalk against which he was bashing Zimmerman’s head isn’t a deadly weapon, you’ve never hit your head on a concrete sidewalk.

This is true not only in Florida, but in nearly all 50 states in our United States of America. Since the the local police department processed him and the local prosecutor declined to press charges, this naturally begs the question as to the real reason behind State Attorney Corey’s reversal, more than two months after the fact.

Did Obama call her directly and impress upon her the need to prosecute Zimmerman in order to cover up Obama’s ridiculous and grossly inappropriate comments?

Did the Blank Panthers threaten her or her office if she didn’t prosecute, in order to cover up their ridiculous and grossly inappropriate comments with respect to their putting a $10k (or was it $15k) bounty on Zimmerman’s head?

Did Eric Holder, acting on behalf of either the Blank Panthers (with whom he had ties back in college) or Obama (for whom he’s covered up several times) call her office and twist her arm?

Or was in Angela Corey herself, who recently sent a woman to prison for 10 years merely for carrying a firearm out of her own home after her physically abusive husband threatened to beat her if she left him? Corey is no stranger to the anti-gun nuts, and was not at all happy when Florida’s Stand Your Ground law passed. I wouldn’t put it past her one bit if this was her way of attempting to undermine the law, instead of enforcing it as per her oath and job description. She didn’t care one lick about the beaten woman she threw behind bars for twenty years, and I’m sure she could care less about Zimmerman, either. The only thing she cares about, like most Democrats, is her career and her reputation.

Well, Corey herself has, by her own actions, utterly trashed her own reputation. She has shown her true colors, that she cares nothing for the law, but only for her anti-gun agenda, and she could care less how many honest, law-abiding citizens spend decades behind bars in order for her to get her own way. She’s a cold-, if not black-hearted person, and she has absolutely no business whatsoever being in public office, much less politics.

Then again, that goes for both Obama and Holder, as well — both of them have multiple deaths of honest, law-abiding citizens on their hands, and such is the company that Corey keeps.

Open Letter from We the People

We the People of the United States of America have serious grievances against Barack Hussein Obama.  These grievances range from his own self-admitted ineligibility for the office of the Presidency to the many high crimes (felonies) and misdemeanors he and those he has appointed have committed while in office, most of which are grossly un-Constitutional, and several of which have directly or indirectly resulted in the unlawful deaths of Americans both at home and abroad.

This letter requires action from all of us.  A fellow patriot put this letter together for all of us to distribute on our blogs,Facebook walls, e-mail and mailing lists, and to send to your elected representatives at both the State and Federal levels via e-mail, fax or snail mail. Tweet a link to this page, along with terms such as “Obama impeachment.”  Forward it to your local and national news agencies, demanding they cover the story.

Together we can make a difference. So lets get it done!

To Whom It May Concern:

We The People find ourselves in a very uncomfortable place and we look to you as the representatives of our country for the answers we seek. Please know that there are many millions who share these feelings, and if the elections had been conducted in a fair and non-fraudulent manner, the results would have reflected our concerns.  Below, you will find a collaborative list of questions, and we would greatly appreciate receiving your answers in a timely manner. We will make our decisions accordingly, as this is still the land of the free, and our country’s future is at stake.

Why with wide-spread voter fraud, can this election not be contested? Why are we bound to an agreement reached in 1981?

On Benghazi:

Why were security teams actually removed in the months and weeks leading up to 9/11 when the violence was escalating and the people on the ground said more was needed?
We can prove Obama had knowledge of the attack, as well as the resources to send for protection but he still denied vital help. These are impeachable offenses. What is your stance on this? Do you agree that this President needs to be impeached? What are you doing about Benghazi?

Regarding Obamacare:

There is so much that is being enacted behind closed doors. We request that there be no more secrets. We should be able to know the stipulations in their entirety and We the People should be able to vote on it. We need the specifics. The doctors have no idea how they will be paid/reimbursed after January. The hospitals are flying blind, unsure of what they will be fined for. It is hard to run a business, as many know, without a business plan. Do the States have the right to reject Obamacare? We need specifics about ALL taxes we will incur, including 1% on every banking transaction on all bank accounts. We also require specifics on the Over 70 Group.

Concerning our Military:

How do you feel about Obama firing 20,000 Marines so he can give $6 billion U.S. taxpayer dollars to Muslims for ‘green’ energy’? What accountability does this President have? How about the debt ceiling? Raising it will give this Administration more funds to waste on our demise. Is the House going to hold true to their promises?

The FCC is directed by five commissioners who are appointed by the President of the United States and confirmed by the U.S. Senate. This is a serious problem, as you know. Do states have the right to secede, as Texas is in process of attempting to do now?
Finally, we have condensed the list of grievances down to those we feel are most important and would like answers to the following, as to what is being DONE to remedy these atrocities in our country.

Dept. Of Interior, Green Energy Fraud…. what is being done here?

Fast and Furious- what is being done about this? Gun running?

Seal Team 6 shot down
College transcripts of Barack Hussein Obama
Record number of Generals, Admirals retired.
Give-away of Alaska lands to Russia
Retirement of 20,0000 marines
Give away of drilling rights in the Gulf
Muslim Brotherhood infiltration into the White House
Hamas training bases on the border
Surrender of sovereign lands in Arizona to drug Cartels
Drone attacks on American Citizens, arrests of our troops on the battlefield for taking out targets of opportunity to appease host Muslim nations…. and the lies about Libya during the NATO operation…

Why do we have a Taliban lawyer in the Justice Dept?
NDAA, and the UN making decisions AGAINST the U.S. Constitution, most notably with the NDAA’s “indefinite detention of U.S. citizens” in violation of Constitutionally-mandated due process of law and the U.N.’s Gun Ban Treaty, a direct violation of our 2nd Amendment rights.
The use of the Foreign Desk to buy our own debt to generate fees for Goldman Sachs.

What is the status of this process?  Why has Congress refused to bring charges against the criminal currently sitting in the White House?  Why would we let anyone like Obama get away with committing such a large number of high crimes and misdemeanors, most notably of which was his lying about his country of birth, a fact which he later admitted, in public“First of all, it’s true, I’m not an American.  I was not born in Hawaii.  I was not born in the United States of America.  I come from Kenya.” – President Barack Hussein Obama, shortly after he was elected in 2008 (short link:  http://youtu.be/edyJ4oS8kz0).  This self-admitted fact alone is a gross violation of the Constitutionally-mandated requirement to be President of the United States of America and grounds for immediate removal from office:  “No Person except a natural born Citizen, or a Citizen of the United States, at the time of the Adoption of this Constitution, shall be eligible to the Office of President…”Article II, Section 1.

I realize this is a lengthy list. However, it does not even cover an eighth of our concerns, and was difficult to condense. This will be widely publicized, along with your response.

The American people need and deserve answers, and we would appreciate you taking the time to give them to us. We ask, however, that your responses be clear and concise, and that you spare us from a long drawn out diatribe that has little to do with the questions being asked, as we will take that as you do not think we are important enough to take seriously, and act accordingly with our support!

By the way, Speaker Boehner, having your flunkies hang up on me mid-sentence when I called your office to ask you or your staff just one of these questions is totally unacceptable.

Thank you for your time and attention to this urgent matter! We believe that you take these issues as seriously as we do, and for that, you have our deep respect and heartfelt gratitude.

Respectfully,
The American People