Since the founding of our nation, executive orders have been used by every president. However, it was not a popular tool until the beginning of the 20th century.
Roosevelt set the precedent for future presidents to automatically be considered the leader of the nation and the one who decides what direction the country takes. Before that, most decisions were actually created in Congress. Teddy Roosevelt was the first president to sign over a thousand executive orders, far more than any previous president.
What makes executive orders inherently dangerous is that the Constitution does not mention them. Article II section 3 establishes that the President must “take care that the laws be faithfully executed,” providing the basis of what makes any executive order constitutional.
What makes this dangerous is how vague the clause is. Because it does not address executive orders, it also misses out on the chance to put any constraints on them, which allows presidents – both Democratic and Republican – to stretch out their power as much as possible.
It also discourages the president from working with Congress. We see this already taking place with the Obama administration. President Obama has made it clear that he is not afraid to go around Congress in order to make a bill become law.
Keep in mind that this is nothing new. As mentioned earlier, every president has used executive orders. The problem is that the more the executive branch uses this tool, the more power it will assume, eventually to the point of oppression.
This is not an immediate problem and this is not a partisan problem. This is a long-term problem that can threaten our checks and balances system. It would be better if there was some sort of regulation that placed strict limits on executive orders, rather than the current system of letting them go unchecked and risking the possibility of someone coming in and abusing the power of the executive branch.
Of course, we are a long way from that happening, and even though one can argue that the executive branch is already too powerful, the president still needs Congress to pass any long lasting significant legislation.
Johannes Sorto is the president of the Republicans of Hofstra University.
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