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22 Dec 17
Originally posted by @vivifyAfter doing a little reading on the interwebs, I believe the answer is “yes”.
Obama used an executive order to fund the ACA; Trump then issued an EO to rescind that order.
Question: can the next president simply revoke Trump's EO with one of his/her own, only to have the following president reverse that EO, ad infinitum?
22 Dec 17
Originally posted by @vivifyYes.
Obama used an executive order to fund the ACA; Trump then issued an EO to rescind that order.
Question: can the next president simply revoke Trump's EO with one of his/her own, only to have the following president reverse that EO, ad infinitum?
Presidents are not bound by the executive orders of previous presidents.
22 Dec 17
Originally posted by @vivifyObama also made exemptions to Obamacare using EO's that countered the legislation.
Obama used an executive order to fund the ACA; Trump then issued an EO to rescind that order.
Question: can the next president simply revoke Trump's EO with one of his/her own, only to have the following president reverse that EO, ad infinitum?
It's like pretending laws don't exist, just like signing off on sanctuary cities.
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22 Dec 17
Originally posted by @vivifywhat is more at play here is the SCOTUS. No president can issue an illegal EO. This was the case with ACA, it was illegal. SCOTUS changed the wording from penalty to tax. They did not have the authority to do this. Trump undid this illegal action.
Obama used an executive order to fund the ACA; Trump then issued an EO to rescind that order.
Question: can the next president simply revoke Trump's EO with one of his/her own, only to have the following president reverse that EO, ad infinitum?
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Originally posted by @sh76I don’t know of any EO that orders POTUS to do something, don’t they usually order exec branch agency actions?
Yes.
Presidents are not bound by the executive orders of previous presidents.
Doesn’t an EO survive a change of president, unless/until altered or rescinded by the new president?
Originally posted by @js357The President controls the entire executive branch, including the administrative agencies. When I said "President," I meant the administration, including all adminisitrative agencies.
I don’t know of any EO that orders POTUS to do something, don’t they usually order exec branch agency actions?
Doesn’t an EO survive a change of president, unless/until altered or rescinded by the new president?
Yes, I guess an EO remains in effect until rescinded, but the President can rescind it any time and for any reason (or no reason at all). He can also do so implicitly.
I'm not sure if this is what you were getting at, but just in case: There is no such thing as a President "violating" the EO of a previous President. It's his call. He can change executive policy at will.
22 Dec 17
Originally posted by @mott-the-hoopleIf 5 supreme court justices back his play and he has the Senate in his back pocket, the President can do anything.
what is more at play here is the SCOTUS. No president can issue an illegal EO. This was the case with ACA, it was illegal. SCOTUS changed the wording from penalty to tax. They did not have the authority to do this. Trump undid this illegal action.
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22 Dec 17
Originally posted by @mott-the-hoopleCan’t believe it? That’s because I’m not confused.
OMG??? I cant believe you are that confused.
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22 Dec 17
Originally posted by @eladarbasically all he needs is the SCOTUS. As shown recently with Trumps EO concerning immigration ban. An activist fed judge blocked it, said it was illegal...SCOTUS overturned. They have the final say...I'm sure you have heard of legislating from the bench.
If 5 supreme court justices back his play and he has the Senate in his back pocket, the President can do anything.
22 Dec 17
Originally posted by @mott-the-hoopleHe needs congress so he can't be removed from office by impeachment. He doesn't need all of the Supreme Court, just 5 judges.
basically all he needs is the SCOTUS. As shown recently with Trumps EO concerning immigration ban. An activist fed judge blocked it, said it was illegal...SCOTUS overturned. They have the final say...I'm sure you have heard of legislating from the bench.
Originally posted by @mott-the-hoopleA President can't pardon himself or anybody else from impeachment. See Article II, Sec. 2, paragraph 1 of the US Constitution.
Nope, he could pardon himself before conviction. I never meant a unanimous SCOTUS...but I see your point.
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22 Dec 17
Originally posted by @no1marauderYou are correct...but that is not what I said.
A President can't pardon himself or anybody else from impeachment. See Article II, Sec. 2, paragraph 1 of the US Constitution.