About Executive Orders
EXECUTIVE 
ORDERS
Article II of the U.S. Constitution vests the President with executive power over the government, including the obligation to “take care that the laws be faithfully executed”.
An Executive Order is a Presidential statement directing how Executive Branch administration officials and agencies effectuate a duly passed federal law created by the Legislative Branch. Executive Orders do not create law – only Congress has the power to legislative.
Presidential Executive Orders do not include States, State Officials. or state or local law.
Everyone except the Federal Officials ordered can ignore them. Federal Officials can refuse to obey an Executive Order if they consider the Order unconstitutional or illegal. The President can discipline officials, unless the Courts support them in their views.
NO PRESIDENT CAN ISSUE AN EXECUTIVE ORDER THAT VIOLATES THE CONSTITUTION, FEDERAL LAWS AND AMERICANS’ FUNDAMENTAL RIGHTS
Article I of the Constitution gives Congress the power and responsibility to pass all laws. Article II gives the President the power and responsibility to execute the laws Congress passes. Article III gives the Judiciary the power to review,”all cases, in law and equity, arising under the Constitution, the laws of the United States, and treaties…”.Congress makes the laws, the President enforces the laws, and the Judiciary decides whether Congressional or Executive actions are lawful and constitutional.
To be permissible and have legal effect, an Executive Order must be derived from Presidential powers defined in the Constitution or in a law passed by Congress.
The authority of an Executive Order is not final.
EXECUTIVE ORDERS CANNOT OVERRIDE FEDERAL LAWS AND STATUTES.
Federal Statutes must be passed by Congress (the House and Senate) and signed by the President. If the President vetoes a bill, Congress must override the veto for the bill of become law.
Executive Orders Cannot Preempt the Congressional Federal Statute Process. The President Cannot Use an Executive Order to Write a New Statute.
The President can use an Executive Order to order the Federal Government to take any steps that are within the Constitutional Authority of the Executive Branch and DOES NOT VIOLATE ANY FEDERAL LAW.
An executive order that purports to create an obligation, right, or penalty outside the scope of an existing statute or enumerated presidential power would be a legislative act. This would encroach on Congress’s constitutional authority to make the law, thereby violating what is known as the Separation of Powers Doctine. Such an Executive Order would therefore be unlawful and unconstitutional because the President lacked authority to issue the order.
Once issued, Federal Agencies and Officials generally treat an Executive Order as presumptively lawful and will begin to effectuate the order by issuing regulations, revising policies, altering enforcement priorities, and even changing content and language on government websites and publications.
CONSTITUTIONAL CHECKS AND BALANCES
The Constitution has a set of checks and balances to ensure that no one branch of the Federal government (Executive, Legislative, Judicial) is more powerful than the other.
The President Cannot Use an Executive Order to Sidestep Constitutional Checks and Balances
The President Cannot Take Over Powers from Other Branches (i.e., the power vested in Congress to pass new Statutes or in the Courts to invalidate certain laws as unconstitutional).
Executive Orders have a significant place in the American Presidency – but unchecked, abuses of Presidential authority can undermine the rule of law that protects the Unites States democratic system of self-governance.
TIMELINE FOR EXECUTIVE ORDERS TO TAKE EFFECT
Executive Orders can take effect as soon as the President signs the Executive Order or not take effect until a federal government agency takes some additional steps such as writing a report, undertaking an investigation, or defining/implementing a new regulation.
Reporting – An Executive Order can mandate that a specific agency submit a report to the President, often containing recommendations for action or analysis of a particular issue.
CHECKS AND BALANCES TO STOP AN EXECUTIVE ORDER
Congress can enact a law that reverses an Executive Order, provided Congress has the constitutional authority to legislate on the issue represented in the Order.
A court can hold that an Executive Order is unlawful, if it violates the Constitution or a Federal Statute.
Any future President can issue a new Executive Order that rescinds or amends the earlier Order.
Executive Orders cannot be enforced by law. There is no consequence for disobeying an Executive Order, and enforcement by any agency would be unconstitutional.
Executive Orders do not apply to individual Citizens. Citizens only have to abide by one thing – the Law, as established by the Constitution and Congress. If an Executive Order is in support of a law, for instance, a law which if violated has specific penalties, then expect those penalties to be activates.
Lower Courts or Judges cannot reject an Executive Order, but they can place a stay on the order or issue an injunction to prevent the order from being carried out on legal grounds. The Executive Branch can then counter and request to move the case up to the Appelate Courts who are presided over by individual Supreme Court Justices. From there, the Executive Branch can request a hearing before the Supreme Court who can choose whether to hear the case or not.
THE AMERICAN PEOPLE – ENSURING CHECKS AND BALANCES ARE ADHERED TO
Citizens can file cases in Federal Courts on Executive Orders that are deemed either unconstitutional or outside the boundaries of authority granted by Congress.
If the Court agrees, the Executive Order can be halted, either temporarily pending further review, or permanently. The the initial Court doesn’t agree, the Judiciary Appeals process can also be utilized, including going to the Supreme Court.
For an Executive Order to be invalidated, because the President lacked the authority to issue it or because it violates the Constitution, an aggrieved party must challenge the order in Federal Court.
Upon issuance, a party or parties who have standing, meaning that they would be injured if the order were to take effect, can sue the President and any Government Agencies and Officials tasked with executing the order. Such a suit would seek a declaration that the order is unconstitutional and/or unlawful and seek to enjoin the government from enforcing it. Opportunities for declaratory and injunctive relief are also available at the point that a Government Agency seeks to promulgate a change in regulation, policy, or enforcement in response to an unconstitutional or illegal Executive Order.
A party may also challenge a regulation or policy stemming from an invalid Executive Order when a Federal Agency attempts to enforce that regulation or policy against them. In these cases, the party would assert as a defense to the enforcement action that the agency did not have the statutory or constitutional authority for its enforcement. This would not be a direct challenge to the order but rather to the actions that the agency took in response to the order. In this situation, a successful challenge may result in the agency being enjoined from enforcing its own regulation or policy but might not prevent other federal agencies from applying their regulations and policies based on the underlying executive order absent additional litigation.
Citizens can also individually and collectively contact Members of Congress to enact a law that would counter the Executive Order….
Laws take precedence and invalidate the Executive Order.
Collective local, regional, state and nationwide protests, and phone call/email campaigns can add pressure to Members of Congress to take action to invalidate the Executive Order.
Leveraging Defining Voice Nationwide Activism…
Working collectively with Defining Voice Members, State and Local Chapters and the general public to coordinate collective efforts, we, as American Citizens can effectuate change and ensure our rights and Constitutional Checks and Balances are adhered to – protecting the Democracy of the United States.
MAKE CALLS TO YOUR REPRESENTATIVES AND SENATORS
Contact information for all Congressional Representatives and Senators by State provided via Defining Voice Site Links Provided Below.
US HOUSE OF REPRESENTATIVES – https://definingvoice.org/us-house-of-representatives/