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Executive order no. 2004-07

lockman

State Researcher
Joined
Aug 19, 2006
Messages
1,193
Location
Elgin, Illinois, USA
Enforceable?

Executive order or not, what violation of law would be cited?

Executive orders have no force of law unless such order as written is compliant with the controlling law. Such orders are the executives instructions to their employees, not a creation of law. If an executive order is applied against any individual and is inconsistent with the law, that individual has all the legal remedies available to them irrespective any executive order.
 

oldbanger

Regular Member
Joined
Oct 19, 2010
Messages
475
Location
beckofbeyond - Idaho
(mall owners)

It is not a "Shopping Mall" it is the area in and around the Statehouse.

But it is moot because...EXECUTIVE ORDER NO. 2004-07

signed 10/22/2004

Each such executive order issued by the (a) governor must prescribe a date after which it shall cease to be effective, which shall be within four (4) calendar years of the effective date of such order, and if no date after which such order shall cease to be effective is contained in the order, then such order shall cease to be effective four (4) calendar years from the issuance thereof, unless renewed by subsequent executive order.

http://legislature.idaho.gov/idstat/Title67/T67CH8SECT67-802.htm

expired 10/22/2008:banana:
 

oldbanger

Regular Member
Joined
Oct 19, 2010
Messages
475
Location
beckofbeyond - Idaho
Executive order or not, what violation of law would be cited?

Executive orders have no force of law unless such order as written is compliant with the controlling law. Such orders are the executives instructions to their employees, not a creation of law. If an executive order is applied against any individual and is inconsistent with the law, that individual has all the legal remedies available to them irrespective any executive order.

...the governor is authorized and empowered to implement and exercise those powers and perform those duties by issuing executive orders from time to time which shall have the force and effect of law when issued in accordance with this section and within the limits imposed by the constitution and laws of this state.

http://legislature.idaho.gov/idstat/Title67/T67CH8SECT67-802.htm

There was no controlling law when this was signed.

18-3302J
 
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