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Robert Winner


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Better define and restrict Executive Orders

Some legal experts, such as Stanford University professor Michael McConnell, say that the president is not allowed to pick and choose what laws to enforce. Politicians have a right to make their case, but not to make an end run around the law.

The House and Senate did not pass cap-and-trade bills, which would limit greenhouse gas emissions. So the Environmental Protection Agency is doing cap-and-trade on its own. The Congress did not pass the DREAM Act, which would have allowed undocumented young people to remain in America. The Department of Homeland Security has allowed them to stay.

The question is: If the Constitution and or Congress either state a law or denies a proposal does the Executive Order procedure override the Constitution or Congress.

All presidents use Executive Orders so this is not limited to any party or a specific administration.

Do we need to better define and restrict Executive Orders.


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    Jul 28 2013: Aside from Executive Orders, don't many presidents not enforce all the laws on the books because, as a practical matter, there are not adequate resources to do everything?

    I remember in the Reagan administration, there were specific antitrust laws that were not enforced, because those laws were believed to be contrary to the public interest. An example was the prohibition against retail price maintenance, the practice by manufacturers of preventing their distributors from charging a price less than a price dictated by the manufacturer.
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      Jul 28 2013: You are correct. As I stated it is not one party. I am just old fashioned enough to think that these things should go through Congress. When Congress voted and said that Cap and Trade was not a good idea and voted it down then through a loop hole the guy in charge says I don't care what Congress says I want it so do it.

      As a Independent I have the same problem with any party that by passes Congress.

      My point here was that allowing it to continue just means the next guy will take it one more step. I am suggesting that the practice should have some limits. When it impacts the Executive Branch I am good with that. When it become federal law impacting the nation ... it should go through Congress.

      As always I appreciate your reply. I wish you well. Bob.

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