Strengthening Constitutional Self-Government

No Left Turns

Executive Orders and Gephardt

Eugene Volokh writes in detail and with precision on the Gephardt comment (and following attempted clarification, which was a mistake, he just kept digging himself in a deeper hole) on issuing an executive order if he, as president, were to disagree with a Supreme Court ruling. Very much worth reading. Also note this excellent paper on the history of executive orders by Todd Gaziano. Note his claim that it is not only the number of executive orders of a president that are important to note, but their substance. It seems clear, for example, that Clinton used them to circumvent legislative authority when he knew he couldn’t get the legislature to do what he wanted; and he seemed to be proud of having done so. Dangerous. Well worth reading and putting aside for later use.   

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