Discussion » Questions » Politics » How can a POTUS sign an Executive Order knowing that it's Unconstitutional?

How can a POTUS sign an Executive Order knowing that it's Unconstitutional?

https://goo.gl/byT6QD


Posted - January 30, 2017

Responses


  • 1233
    It's not.

    Firstly the constitution only applies domestically.

    Secondly he only banned certain nationalities not Islam.
      January 30, 2017 11:04 AM MST
    3

  • 1615
    Where were you when the other Guy did it ?
      January 30, 2017 11:24 AM MST
    1

  • 7792
    YES!!!Please assume that I thought it was right in his case too.
      January 30, 2017 11:26 AM MST
    1

  • 2960
    He just gets out a Sharpie and signs the paper. I'm surprised he doesn't just have a stamp of his signature. Actually using a marker requires a lot of effort.
      January 30, 2017 11:25 AM MST
    1

  • 3191
    If it is unconstitutional, which is debatable and will likely play out in the courts (checks and balances), that means that we have laws in existence that are unconstitutional (I would not argue that point).  

    Sec 5 (b)  ...to the extent permitted by law...

    Sec. 11 (b)  This order shall be implemented consistent with applicable law...

    https://www.nytimes.com/2017/01/27/us/politics/refugee-muslim-executive-order-trump.html
      January 30, 2017 11:40 AM MST
    2

  • 6124
    Zack, please don't rely on a Slate writer for information.  This is more of an opinion piece than a factual one.  On whether this was unconstitutional, it's just not that cut and dry.  Bozette's point above is well taken.

    Just as every President before him, he is using the Executive Order to do what he believes is the right thing for this country.  This is not the first time people have been up in arms over an executive order.  It's happened more often than we realize.

    Not sure if you will find these links useful.  They were written during Obama's Presidency but I found the explanations of the history & the law, informative.

    https://ivn.us/2014/02/10/brief-history-executive-order/

    https://vandenberglaw.wordpress.com/2013/01/12/executive-orders-excellent-idea-or-extra-constitutional-abuse/
      January 30, 2017 12:23 PM MST
    2

  • 5835
    An executive order only applies to employees of the executive branch. It is not a law, although it can be accepted in court as "evidence of law" as long as it does not contradict any existing law.

    Aliens are not protected by American laws, except insofar as courts grant such protection. That is not the same as a legal right because it is arbitrary.
      January 30, 2017 12:56 PM MST
    2