Thursday, January 17, 2013

Government 101

I am always spouting off about Government 101… about how Congress has more power than the President..   About how Congress can come up with a bill and pass it, send it to the President… even if he veto’s it.. they come back with 2/3rd of a vote and they can make it a law… And if the President wants to pass a bill, Congress can table it, put it in committee  or just flat out throw it away.   Those who read my blog often, have heard me say this more than once.

Well, folks, I stand corrected.. I guess I forgot to read the fine print.. and why someone didn’t correct me, I don’t know. Or at least heavily remind me

What I forgot was the less known, hardly even talked about until Obama came to President.  I am talking about Executive Order.  Yes, many of the different Presidents have used it. The two that come to mind is Bush’s two…(I am sure he had more) about Homeland Security and giving the right to the President to declare war.  The last one, made me angry. No so much that Bush could.. which didn’t make me happy… but for whoever becomes President in the future.. Why anyone let that one pass beats me.

What I wonder now… got to research it… is there anyway that Congress can over ride the President’s Executive Order?  Other wise… what is the sense of sending anyone to Congress? I thought the government order was check and balances thru the different sections.

Also I like to see Executive Order either limit to 2 a term or gotten rid of all together.
But I live in the never-neverland, I guess.

I found this... by the way, Executive Order goes back to the days of Washington.


Executive order

From Wikipedia, the free encyclopedia

legal conflicts

To date, U.S. courts have overturned only two executive orders: the aforementioned Truman order, and a 1995 order issued by President Clinton that attempted to prevent the federal government from contracting with organizations that had strike-breakers on the payroll.[9] Congress was able to overturn an executive order by passing legislation in conflict with it during the period of 1939 to 1983 until the Supreme Court ruled in Immigration and Naturalization Service v. Chadha that the "legislative veto" represented "the exercise of legislative power" without "bicameral passage followed by presentment to the President."[10] The loss of the legislative veto has caused Congress to look for alternative measures to override executive orders such as refusing to approve funding necessary to carry out certain policy measures contained with the order or to legitimize policy mechanisms. In the former, the president retains the power to veto such a decision; however, the Congress may override a veto with a two-thirds majority to end an executive order. It has been argued that a Congressional override of an executive order is a nearly impossible event due to the supermajority vote required and the fact that such a vote leaves individual lawmakers very vulnerable to political critic.

So…2/3rds of Congress can override it…. But getting THIS Congress to agree on anything?  Good luck with that. ]

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