ColoradoMinuteMan
Member
- Joined
- May 8, 2015
- Messages
- 702
I hear you, and in principle it’s the same effect as clarifying the law, but my rudimentary understanding is that really executive orders are instructions to the executive branch of government that instruct them how to do their job. Since law enforcement is under the jurisdiction of the executive branch, an executive order can inform various agencies how to go about enforcement of laws, even illegally, if the Judicial and Legislative branches are unwilling to challenge it. Unfortunately the Judicial process can be quite challenging, slow and expensive to navigate, which enables the Executive branch to operate illegally, often for many years or decades until the right circumstances are in place to stop the illegal enforcement of “law.”
Not true.
Executive orders can't MAKE law. However, they CAN provide clarification and guidance on existing laws and they can also be issued based on the powers the Constitution has assigned to the Executive Branch.
They are, in fact, codified under Title 3 of the Code of Federal Regulations (for the POTUS).
Most states are very similarly set up in the same manner as that of the POTUS with respect to EOs.
https://www.americanbar.org/groups/...ching-legal-docs/what-is-an-executive-order-/