Will someone who knows please explain "Executive Orders" to me

[Phoebe Loosinhouse]

Does the ability to make executive orders by a President just negate the whole law -making process? I mean, if it does, why do we even pretend that we have a democracy and a legislative process?

Are executive orders secret? Where are they published? What happens if an executive order contravenes established law? Does anyone anywhere anytime examine executive orders for their legality/Constitutionality? What is the review process if any for executive orders? Are successive executives able to overturn the executive orders of their predecessors at will?

Thanks.

[spindrifter]

1. Try this for a description and critique:

http://en.wikipedia.org/wiki/Executive_order

[Phoebe Loosinhouse]

2. Thanks! slightly reassuring . ..

But only slightly. It seems like this is another concept under the "unitary" executive branch that Bush has really run with and the lapdog Congress pretty much lets him get away with it. I think if we wanted a "benevolent despot" who could issue orders without oversight, than the Founding Fathers would have made that provision.

Secondary comment - it seems like Bill Clinton jimmied a few doors that the Republicans then kicked wide open. (If you want to understand that comment, you have to read the link that spindrifter provided)

[Acebass]

3. Here's another definition...

Executive Orders (EOs) are legally binding orders given by the President, 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. However, in many instances they have been used to guide agencies in directions contrary to congressional intent.

http://www.thisnation.com/question/040.html

[Recursion]

4. Some attempts at answer

Does the ability to make executive orders by a President just negate the whole law -making process?

In theory, no. In practice, no President has tested exactly how far he can go.

I mean, if it does, why do we even pretend that we have a democracy and a legislative process?

*shrug* keeps the proles in line? Remember, at one point we only voted for 1/2 of 1/3 of the government.

More seriously, it's not Congress's job to work out every last detail of implementation. That's why we have a three-branch system and not a parliament. Congress sets broad policies and allocates resources, then the executive branch actually implements it. Also, keep in mind that not just the President can issue an executive order, he may delegate that authority to a cabinet official or even lower conceivably.

Executive orders do not inherently have force of law, however, many Congressional acts specifically authorize that an executive order issued in the implementation of the law will have the force of law.

Are executive orders secret? Where are they published?

A) No, they are public.
B) They are published generally at http://www.archives.gov/federal-register/executive-orders/disposition.html in the Federal Register of the National Archives

What happens if an executive order contravenes established law? Does anyone anywhere anytime examine executive orders for their legality/Constitutionality? What is the review process if any for executive orders?

If an executive order has been given color of law by Congressional authorization, it is equally subject to judicial review as if it had been part of the law. If Congress has not authorized that status (ie, the order is just an administrative directive for the department in question) there's very little that can be done outside of the political process (unless something in the order blatantly disregards existing law, in which case that law can be used as grounds for a suit just like in any other action by that department).

Are successive executives able to overturn the executive orders of their predecessors at will?

Yes.

[heartofthesiskiyou]

5. They can be classified

Though most aren't. * has some.

[newyawker99]

8. Hi heartofthesiskiyou!!

Welcome to DU!! :toast:

[newyawker99]

7. Hi dmesg!!

Welcome to DU!! :toast:

[OneBlueSky]

6. Executive orders associated with FEMA that would suspend . . .

the Constitution and the Bill of Rights. These Executive Orders have been on record for nearly 30 years and could be enacted by the stroke of a Presidential pen:...

EXECUTIVE ORDER 10990
allows the government to take over all modes of transportation and control of highways and seaports.

EXECUTIVE ORDER 10995
allows the government to seize and control the communication media.

EXECUTIVE ORDER 10997
allows the government to take over all electrical power, gas, petroleum, fuels and minerals.

EXECUTIVE ORDER 10998
allows the government to seize all means of transportation, including personal cars, trucks or vehicles of any kind and total control over all highways, seaports, and waterways.

EXECUTIVE ORDER 10999
allows the government to take over all food resources and farms.

EXECUTIVE ORDER 11000
allows the government to mobilize civilians into work brigades under government supervision.

EXECUTIVE ORDER 11001
allows the government to take over all health, education and welfare functions.

EXECUTIVE ORDER 11002
designates the Postmaster General to operate a national registration of all persons.

EXECUTIVE ORDER 11003
allows the government to take over all airports and aircraft, including commercial aircraft.

EXECUTIVE ORDER 11004
allows the Housing and Finance Authority to relocate communities, build new housing with public funds, designate areas to be abandoned, and establish new locations for populations.

EXECUTIVE ORDER 11005
allows the government to take over railroads, inland waterways and public storage facilities.

EXECUTIVE ORDER 11051
specifies the responsibility of the Office of Emergency Planning and gives authorization to put all Executive Orders into effect in times of increased international tensions and economic or financial crisis.

EXECUTIVE ORDER 11310
grants authority to the Department of Justice to enforce the plans set out in Executive Orders, to institute industrial support, to establish judicial and legislative liaison, to control all aliens, to operate penal and correctional institutions, and to advise and assist the President.

EXECUTIVE ORDER 11049
assigns emergency preparedness function to federal departments and agencies, consolidating 21 operative Executive Orders issued over a fifteen year period.

EXECUTIVE ORDER 11921
allows the Federal Emergency Preparedness Agency to develop plans to establish control over the mechanisms of production and distribution, of energy sources, wages, salaries, credit and the flow of money in U.S. financial institution in any undefined national emergency. It also provides that when a state of emergency is declared by the President, Congress cannot review the action for six months. The Federal Emergency Management Agency has broad powers in every aspect of the nation. General Frank Salzedo, chief of FEMA's Civil Security Division stated in a 1983 conference that he saw FEMA's role as a "new frontier in the protection of individual and governmental leaders from assassination, and of civil and military installations from sabotage and/or attack, as well as prevention of dissident groups from gaining access to U.S. opinion, or a global audience in times of crisis." FEMA's powers were consolidated by President Carter to incorporate the...

- National Security Act of 1947
allows for the strategic relocation of industries, services, government and other essential economic activities, and to rationalize the requirements for manpower, resources and production facilities.

- 1950 Defense Production Act
gives the President sweeping powers over all aspects of the economy.

- Act of August 29, 1916
authorizes the Secretary of the Army, in time of war, to take possession of any transportation system for transporting troops, material, or any other purpose related to the emergency.

- International Emergency Economic Powers Act
enables the President to seize the property of a foreign country or national. These powers were transferred to FEMA in a sweeping consolidation in 1979.

[heartofthesiskiyou]

9. creapy

and thanks for that list. Is this a complete list of the classifide EO?