Executive Orders

Posted on November 17, 2008



Rachel Maddow mentioned on her show last week that a law was passed in 1996 stating that there is a deadline for final executive orders for an outgoing president. For Bush it was May/June 2008. I could not locate anything on her site about this statement but I have found the information below that will at least broaden our understanding . . .
Rachel Maddow Show

It seems like everytime we turn around we are finding out there is another “unknown” way the system may be working against the people’s welfare for reasons of greed, selfishness or just plain ol insanity.

We are the one’s we’ve been waiting for.
Get informed as much as you can and keep your focus on clarifying our governments objectives. Our system is a many armed beast at this point that needs to be cleaned up and cleaned out. Don’t attempt to take on the whole enchilada, there are many many of us out here doing what we can. You’ll only get a head ache and feel frozen if you think you have to do it all alone. Just do what you can. Together our focus will steer us in the right direction.

Obama has reminded us that Change is good. He is not our savior, he is not going to do it FOR us. We have to do it together every step of the way.


Executive Orders Defined
An Executive Order (EO) is a directive issued to executive-level agencies, department heads, or other employees from the President under the President’s statutory, or constitutional powers. In many ways, the EO is similar to written orders, or instructions the president of a corporation might send to department heads or directors.Thirty days after it is officially published in the Federal Register, an EO becomes law. While the EO does bypass the U.S. Congress and the standard legislative law making process, no part of an EO may be illegal or unconstitutional. The first EO was issued in 1789 by none other than George Washington. Not until 1907 were EOs given official numbers.

How Executive Orders (EOs) May be Vacated (nullified)
The President can retract an EO at any time. The President may also issue an EO that supersedes an existing one. New incoming Presidents may choose to follow the EOs of their predecessors, replace them with new ones of their own, or revoke the old ones completely. In extreme cases, Congress may pass a law that alters an EO, and the Supreme Court can declare them unconstitutional.

From —http://www.blathervortex.com/showpost.php?p=53535&postcount=15
In fact in UNITED STATES v. UNITED MINE WORKERS OF AMERICA, 330 U.S. 258 (1947) the Supreme Court made clear that an Executive Order could not usurp congressional power in making new law.

Unwinding The Mess
From The Federation of American Scientists
They have an article on Transition Recommendations on the home page

From — CRS Report for Congress
Presidential Transitions: Issues Involving Outgoing and Incoming Administrations
Oct 23, 2008
-Fr Congressional Research Service

RE: Bolton Memorandum FROM page 9 of RL34722
On May 9, 2008 White House Chief of Staff Joshua B. Bolten issued a memorandum to the heads of executive departments and agencies stating that the Administration needed to “resist the historical tendency of administration to increase regulatory activity in their final months.”  Therefore, Bolten said that, except in “extraordinary circumstances, regulations to be finalized in this Adminstration should be proposed no later than June 1, 2008, and the final regulations should be issued Nov. 1, 2008.”
The reason for the memorandum I can only gather was to prevent the possible Congressional Disapproval of any “Midnight Rules.”

Congressional Disapproval of “Midnight Rules” —FROM page 11 of RL34722
If Congress follows the general pattern of process, data suggests that any final rule submitted to Congress after June 2008 may be carried over to the first session of the 111th Congress, and may be subject to a resolution of disapproval during that session.

Is This in The Constitution?
The ability to issue executive orders is not authorized per se in the constitution. See Article 2 of the Constitution http://caselaw.lp.findlaw.com/data/constitution/article02/
A Presidential Executive Order, whether Constitutional or not, becomes law simply by its publication in the Federal Registry. Congress is by-passed.

Here are just a few Executive Orders that would suspend the Constitution and the Bill of Rights.
These Executive Orders have been on record for nearly 30 years and could be enacted by the stroke of a Presidential pen:

*  EXECUTIVE ORDER 10990 allows the government to take over all modes of transportation and control of highways and seaports.

* EXECUTIVE ORDER 10995 allows the government to seize and control the communication media.

* EXECUTIVE ORDER 10997 allows the government to take over all electrical power, gas, petroleum, fuels and minerals.

* EXECUTIVE ORDER 10998 allows the government to take over all food resources and farms.

* EXECUTIVE ORDER 11000 allows the government to mobilize civilians into work brigades under government supervision.

* EXECUTIVE ORDER 11001 allows the government to take over all health, education and welfare functions.

* EXECUTIVE ORDER 11002 designates the Postmaster General to operate a national registration of all persons.

* EXECUTIVE ORDER 11003 allows the government to take over all airports and aircraft, including commercial aircraft.

* EXECUTIVE ORDER 11004 allows the Housing and Finance Authority to relocate communities, build new housing with public funds, designate areas to be abandoned, and establish new locations for populations.

* EXECUTIVE ORDER 11005 allows the government to take over railroads, inland waterways and public storage facilities.

* EXECUTIVE ORDER 11051 specifies the responsibility of the Office of Emergency Planning and gives authorization to put all Executive Orders into effect in times of increased international tensions and economic or financial crisis.

* EXECUTIVE ORDER 11310 grants authority to the Department of Justice to enforce the plans set out in Executive Orders, to institute industrial support, to establish judicial and legislative liaison, to control all aliens, to operate penal and correctional institutions, and to advise and assist the President.

READ: Without Congressional approval, the President now has the power to transfer whole populations to any part of the country, the power to suspend the Press and to force a national registration of all persons. The President, in essence, has dictatorial powers never provided to him under the Constitution. The President has the power to suspend the Constitution and the Bill of Rights in a real or perceived emergency. Unlike Lincoln and Roosevelt, these powers are not derived from a wartime need, but from any crisis, domestic or foreign, hostile or economic. Roosevelt created extraordinary measures during the Great Depression, but any President faced with a similar, or lesser, economic crisis now has extraordinary powers to assume dictatorial status.

Many of the Executive Orders cited here have been on the books for over a quarter of a century and have not been applied. Therefore, what makes them more dangerous today than yesteryear? There has been a steady, consistent series of new Executive Orders, originating from President Richard Nixon and added to by Presidents Ronald Reagan, Jimmy Carter and George Bush that provide an ominous Orwellian portrait.

Read More Here: http://www.sonic.net/sentinel/gvcon5.html

Obama Plans to address Executive Orders

OBAMA Weekly Address


List of Executive Orders


Other resources

Check out MSNBC’s White House Transition Info: