How are Obama's policy's unconstitutional? :mindblown:

[TEH]

I hear Republicans (and others) say this all the time. This is being repeated especially by the Republican candidates. Let's not forget that the individual mandate was put forward by Republicans before Obama was in office.

These lies are getting out of control.

 

[Scoop]

The policies aren't, how he implements some of them might be.

 

[TEH]

The policies aren't, how he implements some of them might be.

elaborate on this please

 

[Scoop]

You can't just pass laws with executive orders. You have to go through congress. Executive Branch's job is to enforce the law not create them.

Obama has tried to pass major immigration and environmental initiatives through executive order and courts have been striking them down:

Appeals court keeps block on Obama immigration actions

Supreme Court blocks Obama climate change rules - CNNPolitics.com

The policies are fine, he just needs to pass them through congress.

 

[BaggerofTea]

You can't just pass laws with executive orders. You have to go through congress. Executive Branch's job is to enforce the law not create it.

Obama has tried to pass major immigration and environmental initiatives through executive order.

Were they declared unconstitutional by the Supreme Court

 

[Scoop]

Were they declared unconstitutional by the Supreme Court

I edited. SCOTUS struck down climate change rules a month or two ago. They are going to hear immigration order this term. Appeals court struck it down.

 

[BaggerofTea]

I edited. SCOTUS struck down climate change rules a month or two ago. They are going to hear immigration order this term. Appeals court struck it down.

Fair enough but practically every president has used executive orders to legislate around congress, its whether or the SCOTUS agrees with raw language of that order

 

[Scoop]

Fair enough but practically every president has used executive orders to legislate around congress, its whether or the SCOTUS agrees with raw language of that order

Executives are allowed to legislate where congress hasn't already or where it's expressly allowed in the Constitution. Congress already has rules on immigration and the environment so the President can't.

*I'm a law student and have already taken Constitutional Law.

 

[BaggerofTea]

Executives are allowed to legislate where congress hasn't already or where it's expressly allowed in the Constitution. Congress already has rules on immigration and the environment so the President can't.

*I'm a law student and have already taken Constitutional Law.

How did you do in that Congressional Law class?

What is an executive order by the president?

Executive Orders (EOs) are legally binding orders given by thePresident, 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.

 

[Scoop]

His EO's contradict (according to the courts cited above) with what congress has already passed. Notice what you quoted says "direct federal agencies and officials in their execution of congressionally established laws." EO's aren't supposed to create new laws, they're created to carry out laws already passed by Congress. It's def a grey area open to interpretation but that's what the practice of law (especially Con Law) is all about.

And for the record, I was above the curve. ;)

 

[BaggerofTea]

His EO's contradict (according to the courts cited above) with what congress has already passed. Notice what you quoted says "direct federal agencies and officials in their execution of congressionally established laws." EO's aren't supposed to create new laws, they're created to carry out laws already passed by Congress. It's def a grey area open to interpretation but that's what the practice of law (especially Con Law) is all about.

And for the record, I was above the curve. ;)

You said the exact opposite just before

 

[Scoop]

You said the exact opposite just before

???

 

[TEH]

Ok, so what I'm taking from this is that this is far more complex than the average citizen can understand. It's amazing how things can be spun to make a political point.

 

[Scoop]

Ok, so what I'm taking from this is that this is far more complex than the average citizen can understand. It's amazing how things can be spun to make a political point.

I mean, yeah it's complicated. That's why lawyers like Obama and Cruz (both of whom are Con Law attorneys) were paid $$$ to argue this stuff.

Basically the President can only enact EO's if they don't contradict with something congress has already passed, or if it's something the Constitution explicitly says he can issue an EO on (like in foreign affairs as the President's role as commander-in-chief).

 

[hayesc0]

apparently executive orders where created when President Obama took office.