Government by Executive Order

There are no ‘emergencies’ in America at the present time, other than the possibly illegal acts of its current president.

I use the modifier ‘possibly’ as a courtesy to the office he holds. The current holder of that office is, and has always been, soaked in criminality in both his private and public life.

The constitutional basis for the executive orders power is the president’s broad ability to issue directives. According to the Congressional Research Service, “although the U.S. Constitution does not address executive orders and no statute grants the President the general power to issue them, authority to issue such orders is accepted as an inherent aspect of presidential power.”

Really.

So, where does the idea that ‘a national emergency’ is part of the bargain come from?

The idea that a national emergency is linked to executive orders stems from the historical practice of presidents invoking emergency powers and the subsequent passage of the National Emergencies Act (NEA) in 1976. This act, while intended to limit presidential emergency powers, also formalized the process of declaring national emergencies through executive orders, and outlined procedures for renewal and termination.

That act requires that ‘not later than six months after a national emergency is declared, and not later than the end of each six-month period thereafter during which such emergency continues, each House of Congress shall meet to consider a vote on a concurrent resolution to determine whether that emergency shall be terminated.’

In the first 100 days of his presidency, Trump signed 143 executive orders (an average of over one per day), more than any other president had signed in their terms.

Ever. Not almost, or close to, or nearly.

Ever.

So, the clock is running, and the six month requirement began July 20^th, but don’t hold your breath. The act “requires” not later than six months, so Congress is already more than three weeks in arrears.

Requirements are not writ large on this administration’s agenda…