The Mean Streets of Offendmeville, USA
As protests predictably erupted across the nation, there remained a great deal of confusion regarding the use of the Executive Order by President Trump to initiate his so-called “Muslim Ban.” While the average citizen certainly has his or her opinion, and good on’em for doing so, even Members of Congress expressed their opinions about the Order. The problem is that their opinions are made for TV, not for the law which they themselves passed.
The botheration with Executive Orders (or “Actions”) is twofold. First, they are in fact, necessary and even implied by the Constitution. That’s not really a problem or at least shouldn’t be. In fact, if you think about it for a minute or two, you’ll see that in fact, the Executive Orders are quite necessary and proper. Our system of Government wouldn’t work without them. Like most things though, the use has grown with the size of the government and the particular way which Congress has chosen over the last hundred and twenty years to set things in motion.
The second problem with Executive Orders however, is that so few people understand what an Executive Order (or “Action”) is. And so it ends up being seen as an “unconstitutional attack” on whatever sacred cow is walking the streets of Offendmeville, USA, today. And since there is little actual understanding of the issue at hand, statements and claims get made that are both incorrect and unsupportable.
Those statements tend to be pretty inflammatory, which is really all anybody is looking for anyway. Commence rock, bottle and invective hurling.
Now, let’s look at Executive Orders in a more reasonable light and then decide if we really are going to fall for the arguments that are hurled at them; or if we are going to actually think a bit and then decide if there might be another approach to expressing opposition?
Click HERE to read 8 US Code 1182(f):
(f)Suspension of entry or imposition of restrictions by President
Whenever the President finds that the entry of any aliens or of any class of aliens into the United States would be detrimental to the interests of the United States, he may by proclamation, and for such period as he shall deem necessary, suspend the entry of all aliens or any class of aliens as immigrants or nonimmigrants, or impose on the entry of aliens any restrictions he may deem to be appropriate.
Posted on February 1, 2017, in 1st Amendment, Article I, Article II, Constitution, Federalism, History and tagged Article I, Article II, Constitution, Executive Orders, Implied Powers, President Trump. Bookmark the permalink. Leave a comment.