United States presidents issue executive orders to help officers and agencies of the executive branch manage the operations within the federal government itself. Executive orders have the full force of law (Enumerated laws found within the United States Constitution) when they take authority from a legislative power which grants its power directly to the Executive by the Constitution, or are made pursuant to Acts of Congress (The representatives of the American people) that explicitly delegate to the President some degree of discretionary power (delegated legislation).[1] Like both legislative statutes and regulations promulgated by government agencies, executive orders are subject to judicial review (Not by them that want to interpret what common sense laws state. Nor are judges there to judge the standard by which they are judged by), and may be struck down if deemed by the courts to be unsupported by statute or the Constitution.

There is NO constitutional provision nor statute that explicitly permits executive orders. The term executive power Article II, Section 1, Clause 1 of the Constitution, refers to the title of President as the executive. He is instructed therein by the declaration “take Care that the Laws be faithfully executed” made in Article II, Section 3, Clause 5 or face impeachment. Most executive orders use these Constitutional reasonings as the authorization allowing for their issuance to be justified as part of the President’s sworn duties,[2] the intent being to help direct officers of the U.S. Executive carry out their delegated duties as well as the normal operations of the federal government: the consequence of failing to comply possibly being the removal from office.

An executive order of the president must find support in the Constitution, either in a clause granting the president specific power, or by a delegation of power by Congress to the president.

Therefore, if the executive order is not congruent with the United States Constitution, then it is simply “null and void,” period. There is no judicial interpretation, no compromise nor debate. Why? It is because neither this nor any other administration has the power nor the authority to act out of their scope of authority.

“All laws which are repugnant to the Constitution are null and void.” (Marbury vs.Madison, 1803.)

“Every law consistent with the Constitution will have been made in pursuance of the powers granted by it. Every usurpation or law repugnant to it cannot have been made in pursuance of its powers. The latter will be nugatory and void.” (Thomas Jefferson, Elliot, p. 4:187-88.

“…the laws of Congress are restricted to a certain sphere, and when they depart from this sphere, they are no longer supreme or binding. In the same manner, the states have certain independent power, in which their laws are supreme.” (Alexander Hamilton, Elliot, 2:362.)

“This Constitution, as to the powers therein granted, is constantly to be the supreme law of the land.… It is not the supreme law in the exercise of a power not granted.”(William Davie, Pennsylvania, p. 277

“It will not, I presume, have escaped observation that it expressly confines the supremacy to laws made pursuant to the Constitution” (Alexander Hamilton, concerning the supremacy clause The Federalist Papers, #33.)

“There is no position which depends on clearer principles than that every act of a delegated authority, contrary to the commission under which it is exercised, is void. No legislative act, therefore, contrary to the Constitution, can be valid.” (Alexander Hamilton, The Federalist Papers, #78.)

So, how is it that this administration gets away with what it gets away with? I can tell you. They do so due to the ignorance of the American people who have not taken the time to know the difference.

Remember, Thomas Jefferson said, “If a nation expects to be ignorant and free it expects what never was and never will be.”

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