Can Obama Make Emergency Executive Order to Bypass Congress?

I wonder. If the President can bypass Congress’s vote,
and instead, ok the budget as an emergency measure germane to the health, welfare, safety and security of US citizens,
ok the debt ceiling as an emergency measure germane to the health, welfare, safety and security of US citizens,
ok the health care carry through as an emergency measure germane to the health, welfare, safety and security of US citizens–

all by executive order.

And let the hotheads of the GOP whose own FAR more reasoned party members cannot seem to reel their own reckless ones in nor prevent them from dementedly taking down everyone outside their own districts, including the world economies–down the toidy they march bellowing ‘follow me, I’ve no idea what I’m doing’…

Let the President bypass them all, and then let the hotheads fight all the President sets in place, all the way to the Supremes. Which will take years. Meanwhile we will live, and work and be well as we can be. While the handful of GOP greed-mongers fry their tripes in their own usual and continual dotage-rages.

Author: DR. CLARISSA PINKOLA ESTÉS, Managing Editor of TMV, and Columnist

9 Comments

  1. Interesting. While that sounds like a good idea, I can easily see that getting out of control and going into other things, such as gun control. Certain things I believe need to go theough congress, even if they aren’t getting them done.

  2. As I noted here he may be able to do that with the debt ceiling. If the debt ceiling is not raised the Administration (Treasury Department) will be in violation of the law regardless of what it does or doesn’t do.

    Failing to do any of these things would be a default on the president’s duty to “take care that the laws be faithfully executed.” The president may not be able to obey all three sources of law; if so, Aaron argues, he should make the payments and ignore the debt ceiling. “The debt ceiling is the fiscal equivalent of the human appendix — a law with no discoverable purpose,” he writes. “If Congress leaves the debt ceiling at a level inconsistent with duly enacted spending and tax laws, the president has no choice but to ignore it.”

    It would be left to the courts to decide.

  3. Ron, thanks for the reminder. I know it’d cause a impeachment fight, but if it comes to it, it could be better for us all than to let the government default and go back into — some say a world wide– recession if not a second great depression.

  4. @Rambie
    I have no doubt that this would result in impeachment hearings and it will go no further than the House if it even succeeds there. The constitutionality of debt ceiling law will ultimately have to be decided by the SCOTUS and I can’t imagine that even the conservative court would decide to blow up the US and world economy.

  5. Hard to know WHAT the SCOTUS will do Ron. Who thought they would gut the VRA? I like Dr. E’s suggestion.

  6. Kathy Gill posted recently about how a government shutdown is nothing new or rare. Obama would set a dangerous precedent that is pretty questionable constitutionally just to bypass the House and senate and OK a budget on an emergency basis.

    I think an executive order to prevent the government from defaulting is a different story. That would be an unprecedented and dangerous situation, and Obama would be on stronger ground.

    Finally to use an executive order to fund the ACA is again on shakier ground. My understanding though is it’s a moot point since ACA funding is still fine and is not touched by the shutdown.

  7. I was reading some horrendous comments last night about ‘getting Obama.’ I cannot overlook that some seem to be stirring the pot for violence against the president. Impeachment proceedings seem a mild condition in comparison, but I wonder, misusing taxpayer money was in the M of dollars in the Kenneth Starr fiasco, I just wonder how much the TOTAL public who works and pays taxes really wants their hard earned dollars to be used in an impeachment war that will never be won. Wait, war that will never be won… the war my generation gave their blood to, Nam. After it all, were no lessons learned about any kind of war in which the entire country is already divided, at home or across the world? I pray for the president’s safety, and that of his family and those close in. I may not agree with all any president does or thinks, but what is loose on the internet in terms of calling for harm to the present president, often along with deeply racist slurs, is not ok.

  8. dr.e’s right, there are a lot of wacko’s out there.

    I just followed the NewsMax link and took their “Do You Support the Government Shutdown?” and here’s how the fine folks over at NewsMax see it:

    Q1 – Were Congressional Republicans right to force a government shutdown in order to defund Obamacare?
    79% (68,966) – Yes
    20% (17,780) – No

    Q2- Do you support a one-year delay for the ‘individual mandate’ in Obamacare?
    Yes, delay it for one year – 21,784 (24%)
    No, implement the full law now – 15,085 (17%)
    Obamacare and all its provisions should be repealed – 50,411 (57%)

    Q1 – Who do you hold most responsible for the federal government shutdown?
    President Barack Obama – 60,075 (68%)
    Congressional Republicans – 15,871 (18%)
    Congressional Democrats – 11,372 (13%)

    79% actually thought that it was proper to shutdown the government because the Democrats won the last election… Too funny, but it’s nice that the nutters have a place to go and reassure one another that they aren’t crazy…

    I blew off the keyboard and washed the monitor so I don’t think any permanent damage was done. :)

  9. Too funny Steve :)

    As far as what you say DG, it may be dangerous to et a precedent, but I think most everyone will agree that even though shutdowns have occurred in the past, we never dealt with a Republican nut house before. I say…go for it. We are dealing with extremes when it comes to this political party. extreme times call for extreme measures. They won’t get an impeachment, and it will stop this bullying dead in it’s tracks. just my opinion of course :)

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