The Constitution and Executive Orders

by Douglas V. Gibbs

The President has the authority to issue Executive Orders.  An Executive Order is a proclamation.  Executive Orders began back when George Washington was President.  His Thanksgiving Proclamation was an Executive Order.  Executive Orders serve two functions.  They may be used to change the processes within the Executive Branch, because the rules of the internal workings of the Executive Branch are up to the President.  Or, an Executive Order may be used to issue a proclamation.

No place in the Constitution does it give the President the allowance through Executive Order to modify, repeal or make law.  Executive Orders have been used often in history to modify law, but that is unconstitutional.  The President does not have that kind of authority.

With that in mind, all of the regulatory agencies in the United States Government are a part of the Executive Branch. Whenever they make a regulation that is not to regulate an existing constitutional law, but to regulate an unconstitutional law, or to create a new law, such as the EPA did with Cap and Trade, or the FCC’s move to establish Net Neutrality, it is unconstitutional.

The agencies are under the Executive Branch, and therefore do not have the authority of legislative powers, which are granted to Congress by Article I, Section 1.

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