From: Hank Ashmore
The Deplorable Infidel
ARE EXECUTIVE ORDERS CONSTITUTIONAL?
In Article I Section I of the Constitution it is clear that all legislative powers reside in Congress. The Executive Branch has the responsibility to execute the laws passed by Congress. An Executive Order is not legislation. It is a order by the President to enforce laws passé by Congress. While Executive orders are not mentioned in the Constitution it has been a precedent for a President to issue executive Orders that he deems necessary and proper .
The “Necessary and Proper” clause found in the Constitution in Article I Section 8 was not intended to give Congress the authority to do whatever they felt was a good idea. This clause meant that they had the authority to pass any legislation that was necessary and proper to implement the powers delegated to the United States in Article I Section 8.
The President is the Chief Administrative Officer of the Executive Branch of the Federal Government and has the authority to implement policies and procedures that are necessary for the administration and responsibilities that have been assigned to him in Article II of the Constitution. Policies and procedures passed by Congress are called laws and effect all of the people. An Executive Order is a policy of procedure issued by the President that is a regulation that applies only to employees of the Executive Branch of the Federal Government.
Any Executive Order that has any effect on individuals that are not Federal Government employees is a violation of Article I Section I of the Constitution. Whenever the President issues an Executive Order that extends to all of the people, Congress has a responsibility to the people to veto any Executive Order that has any non-Federal Governmental employees. When a President issues an unconstitutional Executive Order and Congress allows the order to stand they are violating their oath to preserve, protect and defend the Constitution.
Source: Tenth Amendment Center