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judy

(1,942 posts)
Fri Feb 3, 2017, 04:22 PM Feb 2017

I have a question about executive orders...

Looks like Dear Leader is firing off one after the other, and pertaining to anything he feels like breaking (such as Dodd-Frank for example)

But, isn't it the role of Congress to legislate? Not the Executive branch? What am I missing here?
I understand that DJT can order people who report to the Executive, to do things President Bannon wants done.
But repealing Dodd-Frank? Shouldn't this be repealed by Congress?

Thanks for any help, on the value of Executive orders vs. laws.

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I have a question about executive orders... (Original Post) judy Feb 2017 OP
The wisdom of Frederick Douglass Achilleaze Feb 2017 #1
In addition, a distinction needs to be made between legislation and regulations. mahatmakanejeeves Feb 2017 #2

Achilleaze

(15,543 posts)
1. The wisdom of Frederick Douglass
Fri Feb 3, 2017, 04:24 PM
Feb 2017

“Find out just what any people will quietly submit to and you have the exact measure of the injustice and wrong which will be imposed on them.”

—Frederick Douglass

mahatmakanejeeves

(57,513 posts)
2. In addition, a distinction needs to be made between legislation and regulations.
Fri Feb 3, 2017, 04:29 PM
Feb 2017

Legislation is the subject of Schoolhouse Rock:



Both houses of Congress hammer out a version, which is sent to the president, who can then veto it or sign it. I'm leaving out some steps.

Regulations come from regulatory agencies, which exist as a result of the Administrative Procedure Act.

They're written by people who patiently wait behind tourists who stand on the left on the Metro escalators when the cherry blossoms are in bloom, eat lunch in their cubicles, and receive no campaign contributions. A lot of input goes into the making of regulations. They don't come out of thin air.

What is an Executive Order?

Executive Orders (EOs) are legally binding orders given by the President, acting as the head of the Executive Branch, to Federal Administrative Agencies. Executive Orders are generally used to direct federal agencies and officials in their execution of congressionally established laws or policies. However, in many instances they have been used to guide agencies in directions contrary to congressional intent.

Not all EOs are created equal. Proclamations, for example, are a special type of Executive Order that are generally ceremonial or symbolic, such as when the President declares National Take Your Child To Work Day. Another subset of Executive Orders are those concerned with national security or defense issues. These have generally been known as National Security Directives. Under the Clinton Administration, they have been termed "Presidential Decision Directives."

Executive Orders do not require Congressional approval to take effect but they have the same legal weight as laws passed by Congress. The President's source of authority to issue Executive Orders can be found in the Article II, Section 1 of the Constitution which grants to the President the "executive Power." Section 3 of Article II further directs the President to "take Care that the Laws be faithfully executed." To implement or execute the laws of the land, Presidents give direction and guidance to Executive Branch agencies and departments, often in the form of Executive Orders.
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