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Wikipedia
An executive order is a legally binding edict issued by a member of the executive branch of a government, usually the head of that branch.
The term is mostly used by the United States Government. In other countries, similar edicts may be known as decrees.
More from Wiki-
Today, only those executive orders dealing with issues of national security are kept from the public.
Until the 1950s, there were no rules or guidelines outlining what the president could or could not do through an executive order. However, the Supreme Court ruled that an executive order from President Harry S. Truman that placed all steel mills in the country under federal control was invalid because it attempted to make law, rather than clarify or act to further a law put forth by the Congress or the Constitution. Presidents since this decision have generally been careful to cite which specific laws they are acting under when issuing new executive orders.
Originally posted by JoeDoaks
Executive Orders are law and non-reviewable.
Wikipedia
An executive order is a legally binding edict issued by a member of the executive branch of a government, usually the head of that branch.
The term is mostly used by the United States Government. In other countries, similar edicts may be known as decrees.
Originally posted by Qwas
Originally posted by JoeDoaks
wikipedia cite
Wikipedia is no good for definitions of legal terms. The only recognized source is Black's Law Dictionary.
USC cite at Findlaw]
Stogner v. California, 539 U.S. 607, 123 S.Ct. 2446, 156 L.Ed.2d 544 (U.S. 06/26/2003)
In 1993, California enacted a new criminal statute of limitations permitting prosecution for sex-related child abuse where the prior limitations period has expired if, inter alia, the prosecution is begun within one year of a victim's report to police. A subsequently added provision makes clear that this law revives causes of action barred by prior limitations statutes. In 1998, petitioner Stogner was indicted for sex-related child abuse committed between 1955 and 1973. At the time those crimes were allegedly committed, the limitations period was three years. Stogner moved to dismiss the complaint on the ground that the Ex Post Facto Clause forbids revival of a previously time-barred prosecution. The trial court agreed, but the California Court of Appeal reversed. The trial court denied Stogner's subsequent dismissal motion, in which he argued that his prosecution violated the Ex Post Facto and Due Process Clauses. The Court of Appeal affirmed.
Held: A law enacted after expiration of a previously applicable limitations period violates the Ex Post Facto Clause when it is applied to revive a previously time-barred prosecution. California's law extends the time in which prosecution is allowed, authorizes prosecutions that the passage of time has previously barred, and was enacted after prior limitations periods for Stogner's alleged offenses had expired. Such features produce the kind of retroactivity that the Constitution forbids. First, the law threatens the kinds of harm that the Clause seeks to avoid, for the Clause protects liberty by preventing governments from enacting statutes with "manifestly unjust and oppressive" retroactive effects. Calder v. Bull, 3 Dall. 386, 391. Second, the law falls literally within the categorical descriptions of ex post facto laws that Justice Chase set forth more than 200 years ago in Calder v. Bull, which this Court has recognized as an authoritative account of the Clause's scope, Collins v. Youngblood, 497 U. S. 37, 46.
. . .
[dissent]
It was the unsupported Hand observation that formed the rationale applied by many of the cases the Court cites, including all the post-Moore cases where expired limitations periods were at issue. See Fraidin, 63 F. Supp., at 276 (relying on Falter and containing no discussion of the Calder categories); Shedd, 702 P. 2d, at 268 (same); Hodgson, 108 Wash. 2d, at 667-668, 740 P. 2d, at 851 (relying on, and quoting from, Falter); Rocheleau, 404 Mass., at 130, 533 N. E. 2d, at 1334 (containing no Calder analysis but relying instead on its earlier decision in Commonwealth v. Bargeron, 402 Mass. 589, 524 N. E. 2d 829 (1988), which in turn was based on Falter); O'Neill, 118 Idaho, at 246, 796 P. 2d, at 123 (citing Falter and supplying no analysis of its own); State v. Hirsch, 245 Neb. 31, 39, 511 N. W. 2d 69, 76 (1994) (relying on Falter); Hamel, 138 N. H., at 395, 643 A. 2d, at 955 (same). Since these cases applied the methodology our Court has disavowed, they provide the majority with scant support. None of them even discussed the issue in terms of Calder's second category, much less construed that category in the manner today's decision improperly proposes. The flaw of these cases is not, as the majority argues, that they are "not perfectly consistent with modern conceptions of how legal analysis should proceed," ante, at 23; the flaw is that their method of analysis is foreclosed by this Court's precedents.
The majority turns for help to a roster of commentators who concluded that revival of expired statutes of limitations is precluded by the ex post facto guarantee. See ante, at 11-12. Some of the commentators applied the same expansive approach we have declared impermissible in Collins and Carmell. Henry Black, on whose work the Court relies the most, see ante, at 6, 7, 11, 12, openly acknowledged that the revival of expired statutes of limitations is not covered by any of the Calder categories. See Constitutional Prohibitions Against Legislation Impairing the Obligations of Contracts, and Against Retroactive and Ex Post Facto Laws §227, p. 291 (1887). Black, moreover, relied on the example of the civil statutes of limitations, which he believed could not be revived. Id., §235, at 296-297. The Court's later caselaw has rendered this interpretation questionable. See, e.g., Chase Securities Corp. v. Donaldson, 325 U. S. 304, 314-316 (1945). Other commentators relied, often with no analysis, on the Moore and Falter line of cases, which were plagued by methodological infirmities since discovered. See authorities cited ante, at 12. None of these scholars explained their conclusion by reference to Calder's second category.
There are scholars who have considered with care the meaning of that category; and they reached the conclusion stated in this dissent, not the conclusion embraced by the majority. In his treatise on retroactive legislation, William Wade defined the category as covering the law "which undertakes to aggravate a past offence, and make it greater than when committed, endeavors to bring it under some description of transgression against which heavier penalties or more severe punishments have been denounced: as, changing the character of an act which, when committed, was a misdemeanor, to a crime; or, declaring a previously committed offence, of one of the classes graduated, and designated by the number of its degree, to be of a higher degree than it was when committed." Operation and Construction of Retroactive Laws §273, pp. 317-318 (1880). Joel Prentiss Bishop's work on statutory crimes concluded that a law reviving expired prosecution "is not within any of the recognized legal definitions of an ex post facto law." Commentaries on the Law of Statutory Crimes §266, p. 294 (rev. 3d ed. 1901). The author's explanation is an apt criticism of the Court's opinion: "The punishment which it renders possible, by forbidding the defense of lapse of time, is exactly what the law provided when `the fact' transpired. No bending of language, no supplying of implied meanings, can, in natural reason, work out the contrary conclusion... . The running of the old statute had taken from the courts the right to proceed against the offender, leaving the violated without its former remedy; but it had not obliterated the fact that the law forbade the act when it was done, or removed from the doer's mind his original consciousness of guilt." Id., §266, at 294-295. In reaching his conclusion, Bishop considered, and rejected, the argument put forth by the Moore majority. Id., §266, at 295, and n. 5. This rejection does not, as the majority believes, undermine Bishop's conclusion, see ante, at 23; given Moore's infirmities, it strengthens the validity of his interpretation . . .
*H. Black, American Constitutional Law §266, p. 700 (4th ed. 1927) (hereinafter Black, American Constitutional Law)
Minnesota v. Mille Lacs Band of Chippewa Indians, 526 U.S. 172, 119 S.Ct. 1187, 143 L.Ed.2d 270 (U.S. 03/24/1999) 526 U.S. 172, 119 S.Ct. 1187, 143 L.Ed.2d 270, 1999.SCT.42057, 67 USLW 4189, 99 Cal. Daily Op. Serv. 2104, 29 Envtl. L. Rep. 20,557
. . .
(a) The 1850 Executive Order was ineffective to terminate Chippewa usufructuary rights. The President's power to issue an Executive Order must stem either from an Act of Congress or from the Constitution itself. Youngstown Sheet & Tube Co. v. Sawyer, 343 U. S. 579, 585.
. . .
Originally posted by uNBaLaNCeD
Communism (socialism),is a reaction to out of control Capitalism.
Can U see where the US is headed?.
This is just something that is becoming more apparent to me.
MHO,so there.