I see that you expressed an opinion that executive orders are constitutional. In order for something to be constitutional, I suppose that it would be found somewhere in the US Constitution. I have attempted to find the information from which your opinion may have been formed. Please help me locate the Article and Section that vests a Presidential power of “executive orders” that establishes laws.
I am a bit confused because Article I, Section 1 states: “All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.” I thought that “All” indicated a totality. Then there is that expression, “legislative powers”. I looked in one dictionary and found that the noun “legislation” meant, “The making or giving of laws”. Since the adjective, “legislative” is used to describe the powers of Congress, I have been led to understand that, “All legislative powers herein granted shall be vested in a Congress…” means that every law of the United States must come from that Congress.
In reading Article II, which describes the office of the Chief Executive, I could find only one statement related to that office and “laws”. That was found in Section 3: “…he shall take Care that the Laws be faithfully executed…”. For the life of me, I could find no information that grants a President the authority to make or modify any law. Also, searching as best I could, I found no mention of a thing titled, “executive orders”. Maybe you can help me with that.
And Daniel, we must remember something. Just because you, I or Chief justice Roberts might attempt to twist words or squeeze meanings to justify our own desires does not make something “constitutional”.
Perhaps you feel your opinion is justified because that is what you have always been told. If that is the case, then it is just another of so many validations of Thomas Paine’s warning:
“A long habit of not knowing a thing wrong gives it a superficial appearance of being right.”