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JERUSALEM – The interpretation of federal law should be made not by judges but by the beliefs and commitments of the U.S. president and those around him, according to President Obama's newly confirmed regulatory czar, Cass Sunstein.
"There is no reason to believe that in the face of statutory ambiguity, the meaning of federal law should be settled by the inclinations and predispositions of federal judges. The outcome should instead depend on the commitments and beliefs of the President and those who operate under him," argued Sunstein.
Originally posted by TrainDispatcher
ohhh lord, Glenn Beck's head just exploded...
I haven't researched this yet, but if everything that is posted is true. This will keep Glenn busy for a month!!
Originally posted by glevel
reply to post by kettlebellysmith
I see your concern but it won't happen unless some major shakeups occur. They need two thirds of any body( house, congress, ratifying states) to pass an amendment, and they do not have them-especially for this. In 2010 the best the Dems can hope for is to hold their majorities as is, and that is wishful thinking. Add in some of the bludogs that would most likely vote against it and I see no way this would pass at this time without some sort of "help".
Until the early 1900s, executive orders went mostly unannounced and undocumented, seen only by the agencies to which they were directed. However, the Department of State instituted a numbering scheme for executive orders in 1907, starting retroactively with an order issued on September 22, 1862, by President Abraham Lincoln. Executive order number 1 is The Emancipation Proclamation.
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 in Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952) that Executive Order 10340 from President Harry S. Truman placing 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.
Wars have been fought upon executive order, including the 1999 Kosovo War during Bill Clinton's second term in office. However, all such wars have had authorizing resolutions from Congress. The extent to which the president may exercise military power independently of Congress and the scope of the War Powers Resolution remain unresolved constitutional issues, although all Presidents since its passage have complied with the terms of the Resolution while maintaining that they are not constitutionally required to do so.