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Thread: Can a Presidential Executive Order...

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    Regular Member Difdi's Avatar
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    Can a Presidential Executive Order...

    ...amend the U.S. constitution? Or a state constitution?

    I suspect that it can't, because otherwise there would be no amendment process built into the constitution, the founders would just have directed Congress to petition that the President to do it.

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    Campaign Veteran slapmonkay's Avatar
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    Campaign Veteran gogodawgs's Avatar
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    Quote Originally Posted by Difdi View Post
    ...amend the U.S. constitution? Or a state constitution?

    I suspect that it can't, because otherwise there would be no amendment process built into the constitution, the founders would just have directed Congress to petition that the President to do it.
    No.

    Basically an EO can adjust the rules/policy under a current law passed by congress. In general it applies to federal employees and/or federal property only.
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    "United States Presidents issue executive orders to help officers and agencies of the executive branch manage the operations within the federal government itself"

    "Although there is no constitutional provision or statute that explicitly permits executive orders, there is a vague grant of "executive power" given in Article II, Section 1, Clause 1 of the Constitution, and furthered by the declaration "take Care that the Laws be faithfully executed" made in Article II, Section 3, Clause 5. Most executive orders use these Constitutional reasonings as the authorization allowing for their issuance to be justified as part of the President's sworn duties,[2] the intent being to help direct officers of the U.S. Executive carry out their delegated duties as well as the normal operations of the federal government"

    Wikipedia.org
    Last edited by Nightwing; 01-17-2013 at 04:55 PM.

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