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Originally Posted by Elephant Walk
Let me be more specific...
I'm not sure that the DHHS should have any power. Unless you take a rather wide view of the Constitution, I'm not sure it's mentioned in there.
"All legislative Powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives."
--U.S. Constitution, Art. I, § 1
I don't read President anywhere in there. Do you?
Granted, I'm not sure what he did was considered a law (but if you didn't consider it as a law, then you could easily say that many of the Civil Rights acts weren't laws, basically a similar issue) but it certainly changed human action. I don't know it seems like a rather grey area.
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What he did was request that an executive agency promulgate rules (regulations). The courts have held that regs, or administration laws, are as binding as statutory laws as long as they reasonably interpret and apply statutory law. In other words, agencies can only issue regs to the extent authorized by statute, and the regs must be consistent with the statutes the apply.
I realize many people may not like doing things this way and may see it as being at odds with the Constitution, but that horse left the barn a long time ago.
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Will you remind me again of what was said during the State of the Union address?
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Since the discussion was on exective orders, I took you to mean that the executive orders to which you linked condemned other branches of government. Meanwhile, presidents bashing the courts generally and bashing particular decisions specifically is as old as the Republic.
And yet they have, as recently as the last week or two.