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Attorney General Eric Holder couldn't explain the constitutional basis for executive orders such as President Obama's delay of the employer mandate because he hasn't read the legal analysis -- or at least, hasn't seen it in a long time.
"I'll be honest with you, I have not seen -- I don't remember looking at or having seen the analysis in some time, so I'm not sure where along the spectrum that would come," Holder replied when Sen. Mike Lee, R-Utah, asked him to explain the nature of Obama's constitutional power to delay the mandate.
Lee had based his question on a standard legal test, first described by Supreme Court Justice Robert Jackson, who said the president's authority to issue executive orders is strongest when he does so with the backing of Congress (category one), more dubious when he issues an order pertaining to a topic on which Congress has not passed a law (category two), and weakest when the executive order is "incompatible with a congressional command" (category three), to use Lee's paraphrase.
U.S. Attorney General Eric Holder was asked a question about Obama Executive orders specifically about the delay of the Obama.Care employer mandate
You can't explain what doesn't exist. There is a loose reference to it in the constitution but it doesn't directly spell it out. It is understandable to see why congress is so upset about EO's because EO's are directed at those inside the government the ones the people should worry about are proclamations those are the ones that affect the people.
“I said to [President Washington] that if the equilibrium of the three great bodies, Legislative, Executive and Judiciary, could be preserved, if the Legislature could be kept independent, I should never fear the result of such a government; but that I could not but be uneasy when I saw that the Executive had swallowed up the Legislative branch.”
. This journal further highlights the efforts of Jefferson to utilize his Executive power to instill Republican (not to be confused with the modern day republicans) personnel and not, as Washington had, the best person for the job.
Jefferson introduced the idea that the members of his cabinet, and most of the subordinate executive officials subject to presidential appointment, should hail from his party