WWL>Topics>>1-16 9:10am Tommy talks to Stephen Griffin ab. executive orders

1-16 9:10am Tommy talks to Stephen Griffin ab. executive orders

Jan 16, 2013|

Tommy talks to Stephen Griffin, a Professor of Constitutional Law at Tulane, about what presidents can do with executive orders

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Automatically Generated Transcript (may not be 100% accurate)

A professor Stephen Griffin we go constitutional law professor at Tulane and we wanted to. Having him on because a lot has been said lately about the president using. Executive orders he gets some of his gun control or gun safety measures. Enacted some some could be done it -- and couldn't. And before we get to the specifics -- -- to talk about executive orders in general so with that we welcome and professors Stephen -- and good morning sir how are. According to thanks for taking the time witness Tom what does. Constitutions say about executive orders if anything in -- if you could give us the that did. When he -- and history if you will on these things and where where they. They came from who was the first to use them and how how are they becoming more popular. Right the general -- is pretty straightforward. Executive orders are not mentioned in the constitution. But they've been recognized as constitutional by the Supreme Court. And they've been used by presidential material early period I think from. The Washington administration. Now but certainly from the eighteenth century onward. Basically what you're talking about is and a lot of power that it implies. From the giving big executive power to the president and especially given the power to you lecture the laws are faithfully executed. But that's placed a limit. On what the president computer executive orders. So the Supreme Court at all or recognized church that executive orders are not on the constitutional they have the force of law. But they have got kind of a limited scope basically what you're talking about are beyond. Housekeeping measures as far as organizing the executive branch. Is. Orders that are implement. Law this pre existing laws passed by congress -- that especially delegate authority to the president. The president -- congress has often delegated quite a bit of authority. Q the president and not all of -- And so as long as executive order stay within the scope of that exact. That delegated legislative authority. What the president does constitution that now that that's placed practical limits. On what that president and future and an executive order election you ministry should already acknowledged. That is the limit on what they can do. Two purely executive orders or and you see. Obama's actual proposal. And you conclude that what he -- executive orders which clearly money. So for example. From. President Obama or any president can issue an executive bordered to the Justice Department or somebody else to. Step up enforcement of a law that's already on the books or to make sure that they're. Do and what there are already supposed to be doing now only confused. Right well proposed the president is looking yeah. Let's say for example hundreds law. Bad need to be forced -- circumstances. That probably those laws really the immediate action and he has the authority. To. And let's imagine yet the authority under the law to. Direct stream of money to the Justice Department to make that happen and then ordered the Justice Department by executive order. To -- Like simulate say on it for a new task force. Due -- especially via a kick again and sure make sure things happen with respect to the enforcement those Campbell laws. Occasionally very dramatic thing to happen. So the intern here at -- at the Japanese Americans will work to regional order. And turning it was an executive order I was done during war time. Where militants and of course president has very broad authority to prosecute the war there was already authorized. Against Japan. That shows you that where there has been pre existing delegation of authority by congress president can often -- quite dramatic thing. If I am president. Tom issues an executive order -- That somebody disagrees with. That the course of action Dan is -- some examples. Where that's happened in the past. I'm well there are due to -- this and they are -- law they can be challenged by judicial review so. There's no question you know you could challenge and order. As being being armed the president should vote legislative authority and the court would decide and portrait decides that so sure you ensure that border. Who would bring that with the congress ring it would. A citizen bring in anybody can bring. Well you have to have standing to bring any constitutional lawsuit -- has to be someone would adversely affected by executive order. You can't just lost you just because you're spend it or are upset about and then the president has done. In order actually has to expect you have an adverse way. You know if President Obama. -- and executive worst basically he -- studied this problem more stinker out but tradable but mentally ill on this problem. But no -- really going to object to that they couldn't because it's not going to affect any -- personally merely to steady problem. And if he orders for example that record more accurate records to capped on this or that it's very unlikely that right to expect anyone personally and so there could PH couldn't get channel. And on the other side of the coin if he were to you by executive order. Attempt to ban the so called assault weapons if he were to attempt to ban. High capacity magazines universal background checks even I guess they can easily be challenged because. And there could be done untold numbers of people who would be directly affected by that. Absolutely and is very unlikely to do and sanctioning body executive orders. We would normally be done by congress because then he could not argued that he had the delegate authority. To do something that. Is an effect on law. So. -- new forward we sometimes use the law like final part pronouncing it correctly cars. -- -- operating in the -- the in the middle. -- laws already passed that we're -- that -- borders -- they're designed to implement. Things -- congress has already. Not create totally new law. Other than practical limit on what. Com the president can do any president can do executive order and the administration as well -- I'm glad you took the time was because I think when you're discussing this eight easily helps to know what the hell you talking about. They can't Earl Bennett. Now amber I appreciate your time Steven -- professor of constitutional law.

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