–The magic of executive orders. How the President circumvents Congress and plays politics with the law

Mitchell’s laws: Reduced money growth never stimulates economic growth. To survive long term, a monetarily non-sovereign government must have a positive balance of payments. Austerity breeds austerity and leads to civil disorder. Those, who do not understand the differences between Monetary Sovereignty and monetary non-sovereignty, do not understand economics.

You don’t often hear about Presidential executive orders, but they have the force of law. The Supreme Court has ruled that executive orders must clarify or further an existing law, and not make law, so Presidents always point out how their executive orders do exactly that. The effect might be quite different, however.

President Franklin D. Roosevelt issued an executive order that interned Japanese-American citizens for the entire World War II. Such an order would encounter a violent reaction today, but it was considered the law back in those paranoid days.

You probably weren’t aware of this, but President Obama has issued dozens of executive orders, all of which are listed in the Federal Register.

This list gives you an interesting view into the mind of the President. For instance, take the first executive order listed, EO13535 (Abortion; enforcing and implementing restrictions in the Patient Protection and Affordable Care Act:). The purpose of this EO is “to ensure that Federal funds are not used for abortion services (except in cases of rape or incest, or when the life of the woman would be endangered). Why would a Democrat issue such an order? For political purposes, as part of an earlier deal with Republicans, or is this what Obama truly believes?

Then there is EO 13526, which lists the ways documents may be classified (according to secrecy), and how these classifications may be challenged and removed. The media probably has spend thousands of hours studying this EO, and other related EOs.

Or consider EO 13491, which says, in effect, torture of military prisoners is limited to what is contained in Army Field Manual 2–22.3. Page 5-21 of this big manual has a section that prohibits waterboarding. The next page gives this guidance for prohibited activities:

• If the proposed approach technique were used by the enemy against one of your fellow soldiers, would you believe the soldier had been abused?

• Could your conduct in carrying out the proposed technique violate a law or regulation? Keep in mind that even if you personally would not consider your actions to constitute abuse, the law may be more

The list of EOs is long and detailed, but fascinating, because it shows you more about this President than is contained in his speeches. Though the language sometimes can be obscure, I found myself drawn into this document, as I tried to visualize the real meanings and purposes of each EO.

The more I read, the “better” (worse?) it was.

Read through a few, and you may feel the same.

Rodger Malcolm Mitchell

No nation can tax itself into prosperity, nor grow without money growth. Monetary Sovereignty: Cutting federal deficits to grow the economy is like applying leeches to cure anemia. The key equation in economics: Federal Deficits – Net Imports = Net Private Savings


One thought on “–The magic of executive orders. How the President circumvents Congress and plays politics with the law

  1. It is a frightening thought, and totally unknown to most Americans, but there are Executive Orders on the books that make it possible for the President of the United States to ignore the Constitution and its cherished Bill of Rights, Congress, the Judiciary and the very will of the American people.
    Executive Orders have been used by every chief executive since the time of George Washington. Most of these directives were unpublished and were only seen by the agencies involved. In the early 1900s, the State Department began numbering them; there are now over 13,000 numbered orders. Orders were retroactively numbered going back to 1862 when President Lincoln suspended the writ of habeas corpus and issued the Emancipation Proclamation by Executive Order. There are also many other Executive Orders that have not been numbered because they have been lost due to bad record-keeping. Such is not the problem today. All new Executive Orders are easily accessible .
    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.
    It is a fact that a complete dictatorship can be imposed upon the people at any time, simply by the president declaring a national emergency.


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