Is there any legal way to challenge an executive order?

Question

An executive order is legislation by the president that bypasses the normal requirement to get congressional approval.

Bush has done this almost 800 times in the past 6 years.

So my question is because I honestly have no idea on this, is there any method available to the ppl or to congress to challenge such an order?

If not, does anyone know if they can be challenged as unconstitutional?

Answer 1

First, to answer your question: The president (executive branch) is often given authority by congress to institute rules within the broad terms of legislation. The theory on this is that Congress may be qualified to make a geneal mandate, but they are not specialists in (for example) EPA emissions. So, they require that rules be passed reducing emissions. The EPA promulgates the Rules, which are put into place by executive order.

Further, the president has broad power, particularly in foreign policy, which can result in excecutive orders.

Further, within the laws, the president can make rules for either entire agencies or even individuals within them are to act.

While I am not a Bush supporter, 800 executive orders is NOT substantially greater than his predecessors.

Executive orders can be challenged, but can only be challenged by someone who has "standing." This means that the person challenging the Order (as being an unconstitutional usurption of congressional power or a lawfully passed act) must have been directly "harmed" by the executive order.

In some ways, more nefarious, is a "presidential finding." A "presidential finding" is performed when the President signs (instead of vetoes an act), but then, as executive and enforcer of the laws, he finds that some of the law will not be enforced, or will be limited. For example, Congress recently passed an anti-torture law, requiring that none of the branches of government engage in this behavior. There was a big fight, and a veto threat. In the end, the bill passed by a substantial margin. The president expressed his support for the bill, but then issued a "finding" that the law would not be enforced when torture was "reasonably necessary" as determined by the executive branch.

The president is nominally the head of every single agency in the government -- except the congress itself and the judiciary.

Now, the sad part of this is that, arguably, an executive order that contravenes the will of congress, could be found unconstitutional by the court. However, it is only those people who have been directly harmed by the executive order that can bring the constitutional challenge. So, for example, if there were an executive order that allowed torture (in contravention of treaties and laws -- as an assumption) in Guantanamo Bay, ONLY those who are (1) in Guantanamo Bay; and (2) who have been tortured, would have standing to bring the lawsuit, and they do not engender much sympathy or support.

Similarly, the NSA wire-taps may (MAY) be unconstitutional. They were performed, not by act of congress, not with court authorization, but by executive order.

Unless you (personally) have been the subject of a wiretap, you have no standing to challenge the procedure.

Since the identity of those who were tapped is secret, you do not know if you have been tapped. Consequently, the persons who have challenged the procedure have had their cases dismissed -- not because the act was legal, but because the person complaining had no "legal standing" to complain.

Answer 2

the administrative orders are criminal and Constitutional. maximum all Presidents have used them. George Washington used an govt order to resign the Whiskey insurrection. Thomas Jefferson, a solid Anti-Federalist, used an govt order to purchase the Louisiana Territory. Abe Lincoln gave the Emancipation Proclamation with an govt order to unfastened the slaves. William McKinley gave an govt order to combat the Spanish contained in the Spanish-American conflict. Teddy Roosevelt gave an govt order to resign the enormous enterprise tycoons. FDR used govt orders to get the finished united states of america out of the super melancholy and he used govt orders to assist us win WWII. Harry Truman used an govt order to drop the Atomic Bomb. Richard Nixon used an govt order to get us out of Vietnam. Reagan used an govt order to hold down Communism in Russia. maximum all issues that President Bush has achieved has been authorized by utilising Congress. Going to conflict with Iraq. each and every thing that he has achieved is criminal and Constitutional. Bush is doing issues that different Presidents did no longer do because of the fact Bush has greater technologies to artwork with.

Answer 3

Executive orders are not legislation.

They are orders for the executive branch of government. In case you didn't know, the president is the head honcho of the executive branch of government. He gets to tell his subordinates how to do their jobs.

Answer 4

800 times. Where do you people get this garbage? Bush is the same as Hitler? Grow up and quit swallowing the propaganda Kool-Aid!!

Answer 5

oh yes and the demorats use it all the time, just get in the judical dept, they change our constitution at will

Answer 6

Crack a book , idiot.