RationalWiki's 2019 Fundraiser

There is no RationalWiki without you. We are a small non-profit with no staff – we are hundreds of volunteers who document pseudoscience and crankery around the world every day. We will never allow ads because we must remain independent. We cannot rely on big donors with corresponding big agendas. We are not the largest website around, but we believe we play an important role in defending truth and objectivity.

If everyone who saw this today donated $5, we would meet our goal for 2019.

Fighting pseudoscience isn't free.
We are 100% user-supported! Help and donate $5, $20 or whatever you can today with PayPal Logo.png!

Information icon.svg The 2018 moderator election has started! We are electing 6 moderators and 2 alternatives to serve in 2019. Nominate users here and read their campaign slogans here!

Executive order

From RationalWiki
Jump to: navigation, search
You betrayed the
Law
Icon law.svg
To punish
and protect

An executive order is any legal decree by the President of the United States that is effectively law[note 1], but can be overwritten by either Congress[note 2], the Supreme Court, or any succeeding presidential administration. Presidents however are limited as to what they can decree, as it must be in accordance with federal law, and is therefore subject to judicial review.[1]

Legality[edit]

The President's power to create and enforce executive orders are based off of Article II of the United States Constitution, which gives the POTUS wide authority to determine how laws are enforced and to what degree they are enforced. They also derive from Acts of Congress that delegate to the President some degree of lawmaking power, called "Acts of Delegation".[2] It should be stressed, as it was above, that this doesn't give the President carte blanche power to rule by decree, and the executive orders of the President are limited in scope and are subject to judicial review.[3]

Notes[edit]

  1. Technically executive orders lay down how to enforce a law
  2. By making a new law that supplants the order in question

References[edit]

  1. Rebecca M. Patton, MSN, RN, CNOR, FAAN; Margarete L. Zalon, PhD, RN, ACNS-BC, FAAN; Ruth Ludwick, PhD, RN-BC, CNS, FAAN (13 November 2014). Nurses Making Policy: From Bedside to Boardroom. Springer Publishing Company. p. 94. ISBN 978-0-8261-9892-1.
  2. John Contrubis, Executive Orders and Proclamations, CRS Report for Congress #95-722A, March 9, 1999, Pp. 1-2
  3. Chester James Antieau; William J. Rich (1997). Modern Constitutional Law: The states and the federal government. West Group. p. 528. ISBN 978-0-7620-0194-1.