reply to post by buster2010
The notion of Executive Orders is contentious indeed, but just as "judicial review" was found and interpreted, or the extent of the Commerce Clause,
or Equal Protection, so be it with Executive Action (orders if you want). I don't think Wikipedia is a valid reference, but it does provide a
The premise falls on Article II, Section 1, Clause 1 which states, "The executive power shall be vested in a President of the United States of
America." That alone doesn't clear up the issue, so to back it up, the powers point to Section 3 of the same article and that states, "[the
president] shall take care that the laws be faithfully executed..."
That doesn't really give concrete evidence of authority, but that is what has been held.
The general fear of Executive action in the realm of the separate Legislative was identified by Thomas Jefferson, who ironically, utilized such
Executive powers that sought to undue his arch-enemy of the political sphere; the Federalist.
Jefferson supposedly penned the following:
“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.”
But contrast that fear with his actions when he was president and it becomes clear that Lord Acton's axiomatic saying becomes clear, "Power
corrupts; absolute power corrupts absolutely".
According to a journal from Boston University
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
. 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.
In all honesty, it is Hamiltonian that modern presidents have invoked Executive Action.