ANDREW MCCARTHY: The Number of Trump’s Executive Orders Is Irrelevant.
EOs are patently necessary and theoretically unremarkable. The president is the head of the vast executive branch. He must give directions to his subordinates in order for the executive branch to carry out its work. A proper executive order is simply that: the president ordering subordinate executive officials to carry out lawful policies and actions – lawful because they are consistent with the Constitution and statutory law.
Let’s take the president out of the equation for a moment. In the military, a commanding officer may give a hundred orders a day to his subordinates. These are “executive orders” in the sense that the armed forces are part of the executive branch. But as long as they are within the bounds of the law, the fact that there are thousands of such orders causes us no concern. Similarly, when the attorney general gives instructions to Justice Department lawyers, or the secretary of state directs our diplomats, these are “executive orders” and standard fare.
The problem occurs when, as during the Obama administration, EOs are used by the president as the vehicle for ordering that which he has no legal authority to order and which usurps the powers and rights of other branches of the federal government, the states, or the people.
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