An unbiased source is always the best source as we have here. This post delves deep into the history of executive order 12954, written by President Clinton in 1995 that was overturned by the Supreme Court for unconstitutional motives. This source gives all details regarding EO 12954 and puts the Secretary of Labor on the forefront, putting them in charge of enforcing the department to abide by the order. The order allows the secretary to terminate the contract for convenience, but the department head may write to the secretary and explain why the workers were replaced, pleading the case.
This source describes where the executive powers come from within the constitution, which is Article 2 section 1, “The executive power shall be vested in a President of the United States of America.” Also states that there is no explicit text giving the President the executive order privilege. It hits on the two overturned Executive Orders, EO 1034 which was written by Truman, placing the nations steel mills in control of the government to prevent labor strikes to affect the output of one of the nation’s most important good. The order was also overturned because it was determined that it overstepped the executive branch and into the legislation branch. EO 12954 is the topic of my thesis, is when Bill Clinton in 1995 attempted to bar the secretary to not allow any federal contracts to be issued to any organization that hires replacement employees. Executive order, when issued, normally follow the same language as previous orders to reiterate or revamp the previous directive.
More discussion on Truman’s executive order when he attempted to the seize the steel mills in 1952 and how the courts rules that the order must stem from an act of congress or the constitution itself. That ruling is giving a shape to the free forming executive power and was the only writing thus far regarding limits of executive power. The procurement act of 1949 allows the president and his subordinates to make purchases for the executive branch. Speaks more about different executive orders throughout the years by various different presidents. More recently George W. Bush issued an order requiring federals organization that entered into a contract with the government to utilize electronic employment verification to ensure the workers are legal.
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The quote from this article speaks volumes and really hammers home what an executive order is. It states the president does in fact have limits on their usage of the order, but does not give exact parameters, much like in reality where there is no specific text holding the president from issuing orders to effect whichever way of life they wish. This piece also hits on another important line that is common when scouring the internet for articles related to the executive orders, it comes from Article 2 of the Constitution when it defines the role of the President and within the article it states, “…take care that the laws be faithfully executed.” This article is interesting because it states that congress has little authority to limit an executive order. Goes into speak about President Clintons executive order and how the federal courts struck it down claiming it exceeded the scope of the presidency. Directly charges the separation of powers as a way to limit the orders coming from the President and acknowledges that the hostility is present. A very useful timeline of famous executive orders is listed with a very brief summary of them. Obama issued the executive order giving amnesty to illegal immigrants, and when the courts stepped in at the state’s request, it temporary halted the order. The order from President Obama is still subject to review of the courts for a long time to come. Health care and gun control were the focuses of President Obamas executive orders and critics claimed he took the easy way out after failing to get laws passed the conventional way. So it brings up the ultimate question of using executive orders if the president is not a good enough politician or statesman.
This brief article brings up a topic of an executive compared to a memorandum. The stark differences are that the memorandums do not need to be published in the Federal Register unlike the Executive Orders. If the cost of the memorandum exceeds $100 million, then it needs to be released. If not, like every Executive Order passed regardless of the price, the cost needs to be disclosed.
Executive action is described as a catch all term used for any action taken by the president, including executive orders. Memorandums are much harder to track because they do not have to be submitted to the Federal Register. This source has all of the numbers of which president had the most to least executive orders and categorized by year.
This short and sweet article explains how the Congress could override the President and how the President can override Congress. The President can overrule Congress with a veto but if 2/3 majority of Congress wants to overturn the veto, keeping their legislation moving, then they have that authority. The most common time this comes to surface is when passing budgets. The President and his cabinet are tasked with creating the ideas and also tasked with getting it passed, but of course Congress could vote against. This theory creates gridlock when trying to pass new legislation, so the President has the power to attempt to vote the Congress members out. Truman did so when he was having a difficult time passing any legislation through the house. He campaigned around the country in an attempt to sway voters to call for new Congressmen, which worked.
This piece is the legislation that the 104thcongress passed to nullify Executive Order 12954, prohibiting Federal contractors from entering into contracts over $100,000 who hire permanent replacements for striking employees. William Goodling introduced HR 1176 to the body with an initial cosponsor ship of 29 members, but the day it was ratified, had a sponsorship of 70 members. There had been many hearings in past congresses protecting employers from hiring permanent replacements, until President Clinton introduced EO 12954. There had only been one hearing in the house, heard before the Committee of Economic and Educational Opportunities membership, solely based around the issues raised by HR 1176. The HR bill claimed that the passage of EO 12954 seriously diminished the system of collective bargaining. The foundation is the balancing of the interests and risks between labor and management, so that both parties could agree and move forward from contracts.
This article describes Obamacare, which was deemed legal through the eyes of the supreme court, which effected about every American. Obamacare requires citizens to have healthcare for 9 out of the 12 months, and if not, you are taxed at 2.5% of your income. That one part of Obamacare alone effects the entire country including people who did not vote for the act to pass. Regardless of how you feel or your political preferences, you would now be mandated to pay the extra tax if you are without healthcare for some time out of the year.
This article dives into the truth behind what democrats said during the process of getting Obamacare into law. Obama said families who were happy with their doctors and providers could keep their coverage. In fact, all democrats, in an attempt to appeal to the public, stated that allowing families to keep their doctors, would be their number one concern. Before Obamacare was even written into law, the dialogue did not demand employers to keep their current plan and allowed them to drop or change plans at will. Roughly 10 million people who would normally be covered by employer provided plans would no longer be offered coverage under one of the proposals. Cost effective plans would no longer be legal due to the new minimum requirements for all plans. “Americans who purchase such plans on the individual insurance market have been receiving notices that their current plans will no longer be offered after this year…” which is the opposite of what the democratic leaders stated.
“The contest for ages has been to rescue liberty from the grasp of executive power.” Said by Daniel Webster, a politician elected to The House in the early 1800’s and later elected to the Senate. President Andrew Jackson fired over 2,000 government employees during his tenure and replaced all officials with like-minded men whose beliefs aligned with his thinking. Daniel Webster was staunchly against what the President did and feared that it could set a new precedent for generations to come. Webster believed
“…intoxication with their own supremacy…” -President Lincoln when discussing Caesarian dangers to the republic if overstepping continues to be accepted by the general public. Leaders who run on and get elected to President become so self-absorbed and power hungry that they sometimes overstep their roles and not always get caught.
The article explains how President Obama helped his Affordable Healthcare legislation get through the house even though many politicians did not agree on it. Obama utilized his executive order privilege to protect certain statues currently written into law regarding Abortion. Executive orders not only shows that the President can force their will onto the citizens with the simple order, but can gain the votes of their counterparts in Congress by a sort of give and take. The President can give the majority leader something they want or something that will make that politicians constituents happy, in exchange for a vote in the Presidents favor.