Trump continues to claim broad powers he doesn’t have

[Peter1469]

Trump continues to claim broad powers he doesn’t have

I beat up Obama over abusing his executive order authority. I have mentioned Trump doing it in passing. But it is time to directly hit Trump for doing the same thing Obama did.

EOs are supposed to be used to clarify laws Congress passes- often Congress writes a law generally expecting the executive to fill in the details with both rulemaking (regulations) and executive orders. Those EOs are based on a statute. When a president uses EOs to either deviate from the intent of a law or create a new law, that president is overstepping his authority.

WASHINGTON (AP) — Threatening to shut down Twitter for flagging false content. Claiming he can “override” governors who dare to keep churches closed to congregants. Asserting the “absolute authority” to force states to reopen, even when local leaders say it’s too soon.
As he battles the coronavirus pandemic, President Donald Trump has been claiming extraordinarily sweeping powers that legal scholars say the president simply doesn’t have. And he has repeatedly refused to spell out the legal basis for those powers.
“It’s not that the president doesn’t have a remarkable amount of power to respond to a public health crisis. It’s that these are not the powers he has,” said Stephen Vladeck, a University of Texas School of Law professor who specializes in constitutional and national security law.

Asked Tuesday what authority he had to enforce such a mandate, Trump was cagey.

“I can absolutely do it if I want to,” he said. “We have many different ways where I can override them and if I have to, I’ll do that.”

No, Mr. President, you can't.

The article would have more credibility if it has mentioned that Obama abused the EO process too.

[stjames1_53]

I've always consider EO's unconstitutional. If there is a problem with that law, let SCOTUS decide whether or not it needs to be send back to wherever it was created and let them hash it out.

[carolina73]

I would call the House of Representatives running away to be illegal. Go back to work or leave your job.

Nancy Pelosi is the House under her new rules. She has taken over 1/3 of government. She is writing any legislation herself with zero input from the hundreds of other elected representatives. Opposition is not allowed. We should be focused on that.

[carolina73]

Executive orders do not create law. That is what Obama did wrong. Executive Orders clarify existing law. So each circumstance has to be discussed individually. if Trump can find a law that is on the books that was passed and signed which gave exemption of limited social media on the internet in some way then he can "clarify" it.

[Peter1469]

I've always consider EO's unconstitutional. If there is a problem with that law, let SCOTUS decide whether or not it needs to be send back to wherever it was created and let them hash it out.

I have no problem so long as they are used properly as I stated above.

Most EOs are administrative in nature.

[Chris]

Trump continues to claim broad powers he doesn’t have

I beat up Obama over abusing his executive order authority. I have mentioned Trump doing it in passing. But it is time to directly hit Trump for doing the same thing Obama did.

EOs are supposed to be used to clarify laws Congress passes- often Congress writes a law generally expecting the executive to fill in the details with both rulemaking (regulations) and executive orders. Those EOs are based on a statute. When a president uses EOs to either deviate from the intent of a law or create a new law, that president is overstepping his authority.





No, Mr. President, you can't.

The article would have more credibility if it has mentioned that Obama abused the EO process too.

Agree. He did fine dealing with Covid19 by leaving it to the governors to deal with but demanding they do anything crosses the line of his authority.

With the twitter thing, I think all he did after threats was EO a review of the law. Not sure that crosses any line.

[Peter1469]

Agree. He did fine dealing with Covid19 by leaving it to the governors to deal with but demanding they do anything crosses the line of his authority.

With the twitter thing, I think all he did after threats was EO a review of the law. Not sure that crosses any line.

You don't need an executive order to review a law. Assign it to White House legal staff and move onto something else.

[Chris]

You don't need an executive order to review a law. Assign it to White House legal staff and move onto something else.

Looks like he wants the FCC to do it: "Under the order, the Commerce Department would ask the Federal Communications Commission for new regulations clarifying when a company's conduct might violate the good faith provisions of Section 230". https://www.cnn.com/2020/05/28/polit...der/index.html

If they wrote the rule, they can revise it.


The problem is Congress shouldn't write vague laws for the technocratic clerisy to fill in the details.

[Hoosier8]

Trump continues to claim broad powers he doesn’t have

I beat up Obama over abusing his executive order authority. I have mentioned Trump doing it in passing. But it is time to directly hit Trump for doing the same thing Obama did.

EOs are supposed to be used to clarify laws Congress passes- often Congress writes a law generally expecting the executive to fill in the details with both rulemaking (regulations) and executive orders. Those EOs are based on a statute. When a president uses EOs to either deviate from the intent of a law or create a new law, that president is overstepping his authority.





No, Mr. President, you can't.

The article would have more credibility if it has mentioned that Obama abused the EO process too.

Trump claims a lot of things in opinion that he cannot do and does not do. His EO to review the section 220 legislation is hardly beyond his power and a Congressman is introducing a bill to strip editorializing social media platforms of their special status which ironically enough, was a democrat idea to begin with.

[MMC]

Trump continues to claim broad powers he doesn’t have

I beat up Obama over abusing his executive order authority. I have mentioned Trump doing it in passing. But it is time to directly hit Trump for doing the same thing Obama did.

EOs are supposed to be used to clarify laws Congress passes- often Congress writes a law generally expecting the executive to fill in the details with both rulemaking (regulations) and executive orders. Those EOs are based on a statute. When a president uses EOs to either deviate from the intent of a law or create a new law, that president is overstepping his authority.





No, Mr. President, you can't.

The article would have more credibility if it has mentioned that Obama abused the EO process too.

No he can't, and he knows he cant. But talking about he can. Does put the spotlight on the Demos and what they are doing with the lockdowns. Notice they are all on the defensive. Losing in Court and more importantly. Having their voters totally disregard their EOs.

As for Twitter. Trump isn't going to shut down Twitter. He has 80 million followers.