I can't believe I'm wading into this, but:
1. Executive orders have been part of America's method of governance right back to George Washington and have been exercised by (virtually) every president since.
2. Executive orders are not unconstitutional. While they are not mentioned in the constitution, they are the obvious method for the president to exercise power which is specifically granted to him by that document. Claiming they are unconstitutional is much like saying buying a gun is unconstitutional because only the right to "bear arms", not purchase them, is mentioned in the second amendment.
3. There is a significant body of legislation, passed by congress, which specifically and implicitly indicates powers which the executive can wield through orders. Therefore there is a tacit understanding that executive orders are a legitimate part of the executive's function.
4. The number of executive orders Obama is issuing has been trending down, not up.
5. The number of executive orders issued by Obama has never been on track to significantly eclipse the number issued by his most recent antecedents and has certainly never been on track to eclipse those of the
6. As of the end of Obama's first term, his executive order/year ratio is lower than any president since Grover Cleveland.
7. Executive orders are not some mystical, uncontrollable force. They can be challenged and overturned by the judiciary.
Originally
posted by
mdevol:
I know he wont be the first to use this tactic but from the sounds of it he will be the most extensive with his plans for 2nd terms that have no shot in congress, so he will just bypass them. Thoughts?
Until you're somewhat more specific about what executive orders you're concerned about, and where you heard these "sounds", I'm afraid I can't be more specific. But my thoughts can probably best be summed up as this:
There are certainly times when it is reasonable to oppose an action, not because it will have negative consequences, but because it could set a precedent to be abused. No one wants to give a leader the power to save a tenth an empire, only to have his successor use the precedent of that power to destroy it all.
However, the precedent here is well established. It is difficult to see how Obama's use of executive power is overstepping or extending the precedents already established in American history.
Therefore, the discussion ought to be entirely focused on the merits of his agenda, not the legalistic avenues he walks to enact that agenda.
-Fooglmog
Guy with no clue.