
What the President Could Do If He Declares a State of Emergency - petethomas
https://www.theatlantic.com/magazine/archive/2019/01/presidential-emergency-powers/576418/
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mimixco
All of these draconian measures are implemented by so-called Executive Orders.
I don't recall any provision in our Constitution for the Executive to issue
orders by himself. A President making laws alone is antithetical to our
democratic way of life, yet few people even know about Executive Orders and
I've not heard of anyone trying to stop them.

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dragonwriter
> I don't recall any provision in our Constitution for the Executive to issue
> orders by himself

The Constitution vests executive power in the President, and explicitly
envisions the existence of subordinate executive officers (mentioning
explicitly the heads of executive departments, for instance) through whom the
executive power vested in the President is carried into execution.

The vesting of executive power in the President necessarily includes the
authority of the President to issue directions to those subordinate executive
officers to carry out the executive functions vested in the President.

English has a simpler word for “directions to subordinates”, and that word is
“orders”.

Executive Orders are simply published, recorded, formalized directions to
subordinate officers within the executive branch.

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mimixco
So, fascism for everyone, then? What is the difference between a totalitarian
government and one where the executive can create any laws he wants?

~~~
dragonwriter
> So, fascism for everyone, then?

WTF?

> What is the difference between a totalitarian government and one where the
> executive can create any laws he wants?

None, but there's a pretty big difference between the power to issue
directions to subordinates relating the application of powers with which you
are vested by the Constitution and laws, and the power to create any laws you
want.

Executive Orders rely on (and are limited by) the former; they do not involve
the latter.

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mimixco
It might surprise folks to know that unconstitutional "Executive Orders" also
allow the Prez to sieze all housing, food production, transportation,
industrial sites, and healthcare facilities. Is that the democracy we signed
up for?

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krapp
It is the democracy we signed up for, yes, explicitly this.

If we didn't want executive orders to be a thing, we've had a couple of
centuries now to remedy the matter.

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nocitrek
Why is this anti-Trump piece on hacker news? Please keep your propaganda for
yourself.

