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Executive Orders - Where is This Administration getting this Authority?
"Though defensive violence will always be 'a sad necessity' in the eyes of men of principle, it would be still more unfortunate if wrongdoers should dominate just men."- St. Augustine
The truth of Scripture has never been more obvious in American history when it comes to any one administration than the present one when it tells us “The wicked walk on every side, when the vilest men are exalted” (Psalm 12:8).
“Unlimited power is apt to corrupt the minds of those who possess it; and this I know, my lords: that where the law ends, tyranny begins.” William Pitt
First, understand that The Declaration of Independence underlies the Constitution. It holds that the rights of the people come from God and that the powers of the government come from the people (Exodus 18:21). This is, in fact, the reason that this government is at war with God and His people (Revelation 12:17).
United States presidentsissueexecutive ordersto help officers and agencies of the executive branchmanage the operations within the federal government itself. Executive orders have the full force of law (Enumerated laws found within the United States Constitution) when they take authority from a legislative power which grants its power directly to the Executive by the Constitution, or are made pursuant toActs of Congress (The representatives of the American people) that explicitly delegate to the President some degree of discretionary power (delegated legislation).Like both legislative statutes and regulations promulgated by government agencies, executive orders are subject to judicial review (Not by them that want to interpret what common sense laws state. Nor are judges there to judge the standard by which they are judged by), and may be struck down if deemed by the courts to be unsupported by statute or the Constitution.
There is NO constitutionalprovision nor statute that explicitly permits executive orders. The term executive power Article II, Section 1, Clause 1of the Constitution, refers to the title of President as the executive. He is instructed therein by the declaration "take Care that the Laws be faithfully executed" made in Article II, Section 3, Clause 5or face impeachment. Most executive orders use these Constitutional reasonings as the authorization allowing for their issuance to be justified as part of the President's sworn duties,the intent being to help direct officers of the U.S. Executive carry out their delegated duties as well as the normal operations of the federal government: the consequence of failing to comply possibly being the removal from office.
An executive order of the president must find support in the Constitution, either in a clause granting the president specific power, or by a delegation of power by Congress to the president.
“All laws which are repugnant to the Constitution are null and void.” (Marbury vs.Madison, 1803.)
“Every law consistent with the Constitution will have been made in pursuance of the powers granted by it. Every usurpation or law repugnant to it cannot have been made in pursuance of its powers. The latter will be nugatory and void.” (Thomas Jefferson, Elliot, p. 4:187-88.
“…the laws of Congress are restricted to a certain sphere, and when they depart from this sphere, they are no longer supreme or binding. In the same manner, the states have certain independent power, in which their laws are supreme.” (Alexander Hamilton, Elliot, 2:362.)
“This Constitution, as to the powers therein granted, is constantly to be the supreme law of the land.… It is not the supreme law in the exercise of a power not granted.”(William Davie, Pennsylvania, p. 277
“It will not, I presume, have escaped observation that it expressly confines the supremacy to laws made pursuant to the Constitution” (Alexander Hamilton, concerning the supremacy clause The Federalist Papers, #33.)
“There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid.” (Alexander Hamilton, The Federalist Papers, #78.)