Home Page Forums U.S. Constitutional History Executive Orders

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  • #13359
    MisesAtOKState
    Participant

    Scenario:
    A new president comes in and shatters the record for Executive Orders. But every single EO he does is essentially “repealing” 200 years of grossly unconstitutional acts of congress. Each EO abolishes, repeals, cancels, or suspends, some government program or agency like Social Security and the NSA.

    Legal? Constitutional? Justifiable?

    #13375
    KevinGutzman
    Participant

    If by “unconstitutional acts of Congress” you mean “statutes,” a president cannot do this. A president can veto a bill, but if Congress passes it over his veto, he can go to court about it or refuse to defend it when some state or citizen goes to court about it; rarely — only in extreme cases — is he justified in ignoring it on the ground that it’s unconstitutional.

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