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Old 2nd Dec 2014, 19:42
  #24 (permalink)  
KenV
 
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My serious question in this instance was the news that the President had apparently enacted a law concerning the status of immigrants that was opposed to the wishes of the majority in both the Senate and Congress. It appeared that in spite of the checks and balances which you explain in your post, in this instance the President was able to act as a de facto dictator and there was nothing the legislature could do about it.
First off, there is some controversy about whether or not Obama exceeded his authority with his latest executive order. It's not quite that black and white. In any event there are two immediate remedies:

1. Since Congress controls the purse strings, Congress can defund implementation of Obama's executive order. Government runs on money and without funds to execute the order, the order is effectively mooted.

2. Congress can pass new legislation that undoes legislatively what Obama did with his executive power.

Sadly, Congress is in such a mess that it will take them months or years to accomplish either one so this "check" is weak due to political machinations.

Longer term, one of the 50 states affected by the executive order (or even an individual, but this is a very remote possibility) can sue in federal court and claim that the president exceeded his authority and violated the constitution. This will enable the Judicial Branch to kill the executive order. This has already been done with portions of the ACA. Sadly, the judiciary moves slowly.

So tell me, in spite of all these checks and balances, if Obama says (for example) that from tomorrow everybody has to paint their face bright blue, will you all be walking about blue-faced next week?
Technically, Obama can do no such thing. Let me explain.

In the case of this immigration executive order, Obama is responsible for enforcing immigration laws. His executive order directs the immigration officers (whom he controls) how they will enforce those laws. Some interpret that his executive order to his immigration officers effectively countermands the immigration laws enacted by Congress. His order probably does, but maybe does not countermand those laws. We'll have to wait to see how that plays out.

In any event, Obama simply has zero power to direct private citizens or state authorities to paint their faces blue or do any other thing by executive order. He could (theoretically) direct those federal officers who work in the executive branch (he only controls officers in the executive branch. He cannot control officers in the judicial or legislative branches of government) to paint THEIR faces blue. But that would almost certainly result in those officers either quitting so he no longer has control of them, or just plain defying him without quitting. After all, who would Obama direct to enforce his decree?

Last edited by KenV; 2nd Dec 2014 at 20:20.
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