Examining the Eligibility and Limits of Executive Orders

The Eligibility of Executive Orders The power of an executive order carries the same power as a federal law. An executive order is an order issued by the President that does not require the approval of Congress, the executive branch of the government, and Executive Orders same force of the law. Many question the decision of the Founding Fathers to grant the power to a President to issue an executive order. Much controversy erupted over the access a President has to issue an executive order. Due to the problem inherent to executive orders, Congress and the Judicial Branch takes action to limit these orders. In fact, these orders have been limited by the system of checks and balance and constitutional authorization. In the first place, the Judicial Branch applies and interprets the law. However, once the Judicial branch believes an executive order has exceeded its constitutional limits the branch will review the order and often halt the process limiting the power of the

In Article I of The United States Constitution grants power to Congress to limit the power of the President to issue executive orders (“The Powers of congress”). For example, the Energy Policy Act of 2005 explicitly revoked a December 13, 1912, executive order that had created the Naval Petroleum Reserve Numbered 2. In 1992, Congress revoked an executive order issued by President George H.W. ordering to establish a fetal tissue bank for research (“Congress Legislation”). Since the Constitution empowers Congress to make laws the President cannot create a law without the permission of Congress. The right to overrule a Presidential order is also authorized in the Constitution. When and if Congress does not agree with an executive order members of Congress have the permission to veto the order. Limitations by Congress have limited the potential of an executive