If this or any president can
restrict the 2nd Amendment by executive order doesn’t that mean this or a
future president can do the same to the 1st? http://datechguyblog.com/2013/01/14/2nd-amendment-1st-amendment-its-all-the-same/
United States Presidents issue executive orders to help officers and agencies of the executive branch manage the operations within the federal government itself. Executive orders have the full force of law,[1] since issuances are typically made in pursuance of certain Acts of Congress, some of which specifically delegate to the President some degree of discretionary power (delegated legislation), or are believed to take authority from a power granted directly to the Executive by the Constitution. However, these perceived justifications cited by Presidents when authoring Executive Orders have come under criticism for exceeding executive authority; at various times throughout U.S. history, challenges to the legal validity or justification for an order have resulted in legal proceedings.
Until 1952, there were no rules or guidelines outlining what
the president could or could not do through an executive order. However, the Supreme Court ruled in Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952)
that Executive Order 10340 from President Harry S.
Truman placing all steel mills in the country under federal control was invalid because it attempted to make law, rather than
clarify or act to further a law put forth by the Congress or the Constitution.
Presidents since this decision have generally been careful to cite which
specific laws they are acting under when issuing new executive orders.
If the President attempted to make a law on any matter it
would be illegal. Also To date, U.S. courts have overturned only two
executive orders: the aforementioned Truman order, and a 1995 order issued by President Clinton that attempted to prevent the
federal government from contracting with organizations that had strike-breakers on the payroll.[9] Congress was able to overturn an
executive order by passing legislation in conflict with it during the period of
1939 to 1983 until the Supreme Court ruled in Immigration and Naturalization Service v. Chadha that the "legislative veto"
represented "the exercise of legislative power" without
"bicameral passage followed by presentment to the President."[10] The
loss of the legislative veto has caused Congress to look for alternative
measures to override executive orders such as refusing to approve funding
necessary to carry out certain policy measures contained with the order or to
legitimize policy mechanisms. In the former, the president retains the
power to veto such a decision; however,
the Congress may override a veto with a two-thirds majority to end an executive
order. It has been argued that a Congressional override of an executive
order is a nearly impossible event due to the supermajority vote required and the fact that such a vote leaves individual
lawmakers very vulnerable to political criticism.[11]
If a President was allowed by Congress to negate a Constitutional
Amendment, then why couldn’t a President
negate the
entire Constitution?
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