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I'm not sure about the how beneficial this is. It is a good thing to take decision making power from unelected bureaucrats. For me, I thought it would also check a president's power regarding those terrible executive orders, since I think those powers are drawn from executive agencies' rule making ability. Now I'm not sure, since people who know more about this than me haven't mentioned this yet.
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The civil war demonstrated that the Chief Executive's powers derive directly from the Constitution and have as its aim the preservation of the Union through Law which is binding on the States.
The check on those orders would be impeachment, ultimately.
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Chevron case was not about President executive orders.
Executive orders can be blocked by a federal court or stymied by Congress.
Remember Trump first executive order on immigration in 2017? A judge in Hawaii declared it illegal or unconstitutional.
Obama went overboard with his executive orders in his second term. His defense was I can’t wait for the Republicans in Congress to agree with me so I have to govern without them. If you don’t like it sue me. Ted Cruz brought up impeachment, his way of suing Obama.
Obama unconstitutional DACA executive order was repealed by Trump. The repeal was challenged and chief justice John Roberts upheld DACA because of a trivial technicality.
Lincoln most famous executive order was the Emancipation Proclamation , which took effect on January 1, 1863. This executive order freed slaves in the confederacy only. Slave states in the Union did not emancipate.
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Thanks for this. I had a feeling.
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Lawyers intuition lol
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