EXECUTIVE ORDERS ARE OUT OF CONTROL!

 Weekly Opinion Editorial

POTENTATE!

by Steve Fair

     Since January 20^th, President Trump has signed 73 Executive Orders (EO)- 26 on his first day.  That is more than any recent president has signed in their first 100 days.  Trump signed a total of 220 EOs in his first term.  

     What is an Executive Order?  An EO is a directive by the president issued to agents of the executive branch.  An EO can have a binding force of law upon federal agencies and do not require approval of Congress.  They are however subject to judicial review and interpretation.  Every president except William Henry Harrison has issued EOs.  Harrison was in office only 32 days when he died. The most famous EO was Lincoln’s Emancipation Proclamation, which granted freedom to slaves.  Franklin Roosevelt signed the most EOs.  For years the Heritage Foundation have accused presidents of abusing EOs by using them to make law with congressional approval and moving existing laws away from their original intent.  Three observations:

     First, the U.S. president is not a king.  The founders refrained from making the Presidency into the image of the British monarchy, which they had just gained independence from. Instead, they created an executive who had to be both responsive and accountable to the citizenry and balanced against the other two branches of government.  While the president has broad authority, they are not a sovereign dictator.

     The founders debated for three weeks on what to call the nation’s chief executive.  Some wanted to call George Washington the Chief Magistrate.  Some preferred King.  One proposal for the title was Protector of the Liberties of the People of the USA.   The Senate thought president was a title that wouldn’t be taken serious by other countries, but ultimately agreed.  Today, the President of the United States is the most powerful position in the world.   

     Recently, main stream media and certain of those who oppose Trump and his policies are claiming his use of EOs has made him a dictator/monarch.  Republican elected officials are encountering hostile constituents at Town Hall meetings, which is nothing new.  CNN released a poll showing 52% of Americans disapprove of Trump’s first month in office.  Liberals are always attempting to gaslight Americans, so take most of what you hear and see in the media with a grain of salt.  Trump’s policies will likely work if given time.

     Second, EOs are overused.  Executive Orders have increased as years went by.  EOs were meant to be issued within the narrow confines of Article II of the Constitution.  That changed with President Teddy Roosevelt, a Republican.  He signed 1,100 EOs, almost as many as the previous 100 years combined.  21^st century presidents have issued EOs with more frequency because the country is polarized and getting laws passed is next to impossible.  That is because negotiation, deal making, compromise, accommodation, and collaboration have become dirty words in politics.  Working across the aisle for the betterment of the masses has become nonexistent.  Elected officials come home and boast to constituents of accomplishing nothing by standing up to the other side.  The result is gridlock and more EOs by the executive branch.

     Third, the use of EOs makes consistency impossible.  President Biden opens the border with an EO- Trump closes it.  When Biden entered office, he rescinded a record 42 of Trump’s EOs in his first 100 days.  Trump flipped them back when he was re-elected.  Both justify the action because Congress is dysfunctional and the only way something gets done is by EO. 

     The framers of the Constitution did not consecrate power in one office.  They set up a democratic representative form of government that gave the real power to the people.  If voters will hold federal elected officials accountable by calling out grandstanding and showboating by do nothings, EOs will not be as prevalent. If EOs continue to be the law of the land, then perhaps the title of president be changed to potentate.