Why is not the July 17 Exec. Order by Bush Unconstitutional?

Question

He basically takes the role of the Judiciary and freezes people's assets on his say so. What in the constitution gives the president power to seize people's property without compensation?

http://www.whitehouse.gov/news/releases/2007/07/20070717-3.html

A couple of people said he got the authority from congress or previous legislation. I also find this That just means those laws are unconstitutional. If you are going to change the constitution, have an amendment. Congress could not just pass a law to nullify the judiciary and make all the President the judge, jury and executioner of all crimes, why this particular one?

Update #2. It is surprising how many people just ignore what they want to hear. Many people seem to think that only guilty people would be covered by this order, but there is no trial, no jury, no finding. Just Bush's law.

Answer 1

it's completely unconstitutional. But has that ever stopped George W in the past?

Answer 2

Seize and freeze are two different things legally. We are not talking about a case of emminent domain (please yahoo if unfamilair). Seize is to take complete possesion of an item. Freeze implies a temporary situation. This seems like a reasonable power in the specific context that it is framed. However, the execuive order can be challenged in court. I am sure the ACLU will try, especially if the specific power is over stepped on an American citizen.

I am certain this anser can be improved upon by someone with legalese. Hopefully this puts you on the path to the knowledge you seek.

Answer 3

Wonder of wonders -- this particular action is actually legal. I think that's a first for this administration.

Sorry, Congress specifically authorized that action.
Under 50 USC 1701, the President has the authority to declare a National Emergency, which activates his powers under 50 USC 1702.

As a hyper-technicality, since the Declaration of National Emergency used here was in January 2004, it technically expired at the end of his term in January 2005, and was not automatically renewed. But that's a meaningless technicality, since he can renew his own prior executive order at will or by reference in the later order.

Sorry folks, this one is legal. And good timing too -- people were starting to question whether he ever followed the law.

Answer 4

Didn't you even read the article from your link, all of the law was posted so that everyone would understand. Congress extended this power to him.

By the way, get caught selling dope and the police will seize your property without compensation as well, then they will have the IRS on your butt for tax evasion.

Answer 5

Do I practice my utter contempt for democracy mutually as i decide for the hues of a tips superhighway information superhighway website with out keeping a vote? No. i'm doing my pastime with the privileges that i'm allowed. purely like Bush. decide for a easily situation to have a purple meat with him over.

Answer 6

Isn't that basically an issue saying if they're caught supporting terrorism in Iraq their property will be seized? If so, I would compare it to the government seizing equiptment used to make counterfeit money. Counterfeitist never get paid for having their property taken. I see nothing wrong with this.

Answer 7

Perhaps you overlooked this part.

"threat to the national security and foreign policy of the United States posed by acts of violence threatening the peace and stability of Iraq and undermining efforts to promote economic reconstruction and political reform in Iraq and to provide humanitarian assistance to the Iraqi people

Answer 8

Scary part is not that he freezes assets but that he is the sole "decider" of whose assets get frozen. This guy really loves to strut around trying to act powerful!!

Answer 9

The authority for his order is contained in the order itself. Congress extended those powers in 2003 and unlike Congress, Bush is taking action to protect this country. Live with it.

Answer 10

Blame your Congress they made it so in 2003

Answer 11

Dang! He really does believe he sits at the right hand of God, doesn't he??


He gives himself the power.....while the people of this country twiddle their thumbs and say, "Well, if you don't do anything wrong, you have nothing to worry about...." (What if, tomorrow, he "decides" {since he IS the Decider, don't forget} that watering your grass is wrong, or teaching your kids about evolution is 'wrong', or...or,...? What if????)