attorney generals who have come out against exec order

Can the Governor’s executive orders conflict with state laws?

First, the Governor cannot by an executive order, create an operative effect that conflicts with a statute enacted by the Legislature. The authorities we reviewed are essentially unanimous on this point.

Can an unlawful executive order survive a challenge?

Thus, even an unlawful executive order that directly affects the public will survive a challenge if no one with proper standing to sue brings the case.

Can the President issue an executive order without Congress authorized?

According to Justice Black, presidential authority must be predicated upon some provision of the Constitution, or an act of Congress. 343 U.S. at 585, 587-88. Under Justice Jackson's approach, even an emergency would not justify issuance of an executive order, having the force and effect of law, absent an act of Congress authorizing it.

What is an example of Executive Order 12866?

For example, his regulatory review executive order (Executive Order 12866, 1993) weakened the cost-benefit analysis that agencies are required to prepare for review by the Office of Management and Budget.

Can you challenge an executive order?

Congress has the power to overturn an executive order by passing legislation that invalidates it, and can also refuse to provide funding necessary to carry out certain policy measures contained with the order or legitimize policy mechanisms.

Do executive orders go under judicial review?

An executive order is not a law in the sense that it does not go through the legislative process. It is not binding on everyone, only on employees of the executive branch. However, executive orders are subject to judicial review after the fact (i.e. they can be declared unconstitutional by the court).

Can the President order the Attorney General?

The Attorney General's Unique Role The Attorney General is the chief law enforcement officer of the United States; she is not the president's lawyer. Like other members of the cabinet, the Attorney General is appointed by the president, confirmed by the U.S. Senate and serves at the pleasure of the president.

How does Attorney General influence executive branch?

The Attorney General is the head of the DOJ and chief law enforcement officer of the federal government. The Attorney General represents the United States in legal matters, advises the President and the heads of the executive departments of the government, and occasionally appears in person before the Supreme Court.

Can the Supreme Court strike down executive orders?

An executive order is a type of written instruction that presidents use to work their will through the executive branch of government. Congress and Federal courts can strike down executive orders that exceed the scope of the president's authority.

Are executive orders legally enforceable?

Executive Orders state mandatory requirements for the Executive Branch, and have the effect of law. They are issued in relation to a law passed by Congress or based on powers granted to the President in the Constitution and must be consistent with those authorities.

Does the Senate have to approve the Attorney General?

The attorney general is a statutory member of the Cabinet of the United States. Washington, D.C. Under the Appointments Clause of the United States Constitution, the officeholder is nominated by the president of the United States, then appointed with the advice and consent of the United States Senate.

Does DOJ report to President?

The department is headed by the U.S. Attorney General, who reports directly to the president of the United States and is a member of the president's Cabinet.

Can the President direct the Department of Justice?

The President has directed the Justice Department to consider expansion of its access-to-justice function. The Department's response will be bold. It is the responsibility of the Justice Department to actively combat barriers to equal justice under law.

What power does the US Attorney General have?

As the chief officer of the Department of Justice, the attorney general enforces federal laws, provides legal counsel in federal cases, interprets the laws that govern executive departments, heads federal jails and penal institutions, and examines alleged violations of federal laws.

Can a president serve 3 terms?

The amendment was passed by Congress in 1947, and was ratified by the states on 27 February 1951. The Twenty-Second Amendment says a person can only be elected to be president two times for a total of eight years. It does make it possible for a person to serve up to ten years as president.

What are the 4 major things that the executive branch does?

The executive branch is headed by the president, whose constitutional responsibilities include serving as commander in chief of the armed forces; negotiating treaties; appointing federal judges (including the members of the Supreme Court), ambassadors, and cabinet officials; and acting as head of state.

How much did the Biden lawsuit cost?

The lawsuit claims that the Biden administration’s proposed efforts will cost a whopping $9.5 trillion: $269 billion for carbon dioxide “social costs” estimating, $990 billion for methane, and $8.24 trillion for nitrous oxide.

What is the Biden executive order?

The suit alleges that order 13990, titled “Protecting Public Health and the Environment and Restoring Science to Tackle the Climate Crisis, ” violates federal authority in its effort to determine the “social cost” of “monetized damages” of greenhouse gas pollution, which will, in turn, affect federal regulations.

What is the Biden suit?

The suit states that Biden’s order will damage the manufacturing and agricultural sectors “for decades to come.”. It also argues that the supposed “social cost” calculation of greenhouse gases is strictly a legislative function that should be left up to Congress, as outlined by section 1, article 1 of the Constitution.

Who wrote to Biden about pipelines?

The “pipelines,” Sen. Joe Manchin, D-W.Va., wrote to Biden in a letter on Feb. 9, “continue to be the safest mode to transport our oil and natural gas resources and they support thousands of high-paying, American union jobs.” In January, The Western Energy Alliance, which represents oil and natural gas exploitation production companies, filed a lawsuit over Biden’s suspension of oil and gas leasing on federal lands.

Who is Gabe Kaminsky?

Gabe Kaminsky is a senior contributor to The Federalist. His writing has appeared in RealClearPolitics, the Daily Wire, The American Conservative, the American Mind, the New York Post, and other outlets. Follow him on Twitter @Gabe__Kaminsky and email tips to [email protected].

Who is the Western Energy Alliance?

In January, The Western Energy Alliance, which represents oil and natural gas exploitation production companies, filed a lawsuit over Biden’s suspension of oil and gas leasing on federal lands.

How many executive orders did Biden sign?

Many of the roughly 30 executive orders Biden signed overturned Trump-era policies; others established new ones. “The President cannot cut constitutional corners or shirk statutory strictures without inevitably doing more harm to our country than good,” the attorneys general argued, urging the new administration to pursue policy priorities ...

Who sued the Texas administration?

Also within a day of issuing an order to halt oil and gas leasing on federal lands, the administration was sued by the Western Energy Alliance.

What states are involved in civil liberties lawsuits?

Any actions he takes that might exceed statutory authority, are inconsistent with constitutional law or risk civil liberties could result in legal action brought by states, attorneys general from West Virginia, Arkansas, Indiana, Mississippi, Montana and Texas warned in the letter. Litigation is never a first option, ...

What happens if the president signs unconstitutional laws?

But if such policies are not implemented, and the president signs “unconstitutional laws passed by Congress, it will be our responsibility and duty to challenge those laws in court ,” they wrote.

Which act governs the agency rulemaking process?

The Administrative Procedure Act , which governs the agency rulemaking process, has been frequently invoked to challenge executive branch rules and regulations.

Who sent the letter to Biden?

by Bethany Blankley. Six attorneys general sent a letter to President Joe Biden warning him that many of the executive orders he issued in his first week in office will be challenged on constitutional grounds. Any actions he takes that might exceed statutory authority, are inconsistent with constitutional law or risk civil liberties could result in ...

Is litigation a first option?

Litigation is never a first option, the attorneys general said in the letter, and they offered to help the new administration implement polices that are “consistent with the Constitution and the rule of law.”.

What is the purpose of the South Dakota House of Representatives?

According to Daily Wire, “Legislation introduced in the South Dakota House of Representatives seeks to give the state’s attorney general the authority to review executive orders from President Joe Biden and potentially nullify any order deemed unconstitutional.

What is the intercessors for America?

Intercessors for America is the trusted resource for millions of people across the United States committed to praying for our nation.

What would happen if the President ordered a nationwide mask mandate?

If the President ordered a nationwide mask mandate, it would go against the power laid out in Article II, and it would also go against the protection of the rights that may lie underneath the 9th and 10th Amendments.”. If the bill were to pass, the Republican said, “it would give South Dakota much of its power back.

What is the regulation of natural resources?

The regulation of natural resources. The regulation of the agricultural industry. The regulation of land use. The regulation of the financial sector through the imposition of environmental, social, or governance standards, or. The regulation of the constitutional right to keep and bear arms.

Did Biden destroy the Keystone pipeline?

Editor’s Note: In other words, Biden planned to destroy tens of thousands of jobs. . . Biden signed an executive order canceling the Keystone XL pipeline that runs from Alberta, Canada through several states. . . . Editor’s Note: Most of these thousands of jobs that would be destroyed are oil working jobs, which would make states suffer by losing ...

Is the mask mandate specific to Biden?

Aylward told KELO-TV that the proposed legislation is not specific to Biden. . . . Asked about opposition to a potential national mask mandate from Biden under his legislation, Aylward responded in the affirmative: “This pertains to our rights that are protected under the U.S. Constitution.

Who introduced HB 1194?

State Rep. Aaron Aylward (R-Harrisburg) introduced HB 1194, which is described as an act “to authorize the review of certain executive orders issued by the President of the United States.” . . . The bill specifies that Attorney General Jason Ravnsborg could exempt South Dakota from any law or order “that restricts a person’s rights or ...

Why are executive orders and proclamations used?

Executive orders and presidential proclamations are the forms most frequently used by Presidents to convey important decisions that affect the general public. Because better records have been kept of executive orders and proclamations, it is also possible to compare the relative use of them by different Presidents.

How many directives can a new president come up with?

As the list of directives also demonstrates, a new President and a creative bureaucracy could come up with 24 new "types" if they wished to do so. There are, however, some practical constraints that limit, or at least influence, a President's decision on which form of directive to use.

How did Congress respond to President Clinton's executive orders?

Congress responded with hearings and the consideration of several bills designed to curb the President's authority to issue such directives. In an exceedingly rare act, the courts reacted by striking down one of President Clinton's executive orders, and litigation to contest the validity of other directives is ongoing.

What does it mean when a president abuses his executive order?

A President who abuses his executive order authority undermines the constitutional separation of powers and may even violate it. History will show that President Clinton abused his authority in a variety of ways and that his disrespect for the rule of law was unprecedented.

What were the gifts of the founders?

One of the great and enduring gifts from the Founders' generation was the inclusion of separation of power principles in the United States Constitution. The Framers had studied the writings of Montesquieu and other political philosophers as well as the workings of the separate branches of their own state governments.

Why is it important to start with an understanding of the nature and historical usage of executive decrees?

In order to place these issues of legality and policy in their proper context , it is important to start with an understanding of the nature and historical usage of such executive decrees.

What are some legal challenges to the Grand Staircase?

51 They have raised questions about violations of the Antiquities Act; the relative authority of the Congress, President, and Secretary of the Interior to withdraw lands from public use; the application of mining and mineral leasing laws; procedural and substantive issues under NEPA and the Federal Land Policy and Management Act (FLPMA); the lawful size of the monuments; and the nature of the resources being protected.

What is the RCW 43.06.220?

Second, in absence of a statute authorizing the Governor to act ( e.g., RCW 43.06.220), the Governor cannot create obligations, responsibilities, conditions or processes having the force and effect of law by the issuance of an executive order.

What is the meaning of "in absence of a statute or constitutional provision that serves as a source of authority author?

In absence of a statute or constitutional provision that serves as a source of authority authorizing the Governor to act, the Governor cannot create obligations , responsibilities , conditions or processes having the force and effect of law by the issuance of an executive order. - - - - - - - - - - - - -. June 11, 1991.

What is the law in New Jersey that requires an executive order to be supported by the Constitution?

New Jersey law requires that an executive order must find support for its validity either in the constitution, statutes or "a state of facts which gives rise to an emergent situation". De Rose v. Byrne, 343 A.2d 136, 144, 135 N.J.S. 273 (1975).

What powers does the legislative branch have?

By virtue of a state's police power, the legislative branch of government has all legislative powers not withheld or limited by the Constitution. In other words, the Legislature may enact into [ [Orig. Op. Page 5]] law any measures which are not expressly or by necessary implication prohibited either by the State Constitution or Federal Constitution. Fain v. Chapman, 89 Wn2d 48, 53, 569 P.2d 1135 (1977). Under the separation of powers doctrine, only the Legislature may undertake to perform legislative acts. Such power is not vested by the Constitution in the executive who, therefore, cannot act in a legislative manner without an appropriate delegation of authority from the Legislature.

What is the ultimate authority of executive orders?

However, the ultimate authority is a delegation of power by the Legislature to the Governor in a statute. As the court said in Cougar Business Owners Ass'n v.

What is the purpose of executive orders?

An executive order may be a general policy statement made by the Governor. The order does not have the force and effect of law. The purpose of such an order is to persuade or encourage persons, both within and without government, to accomplish the Governor's policy set out in the order.

When the President acts in absence of either a congressional grant or denial of authority, he can only rely?

2. When the President acts in absence of either a congressional grant or denial of authority, he can only rely upon his own independent powers, but there is a zone of twilight in which he and Congress may have concurrent authority, or in which its distribution is uncertain. Therefore, congressional inertia, indifference or quiescence may sometimes, at least as a practical matter, enable, if not invite, measures on independent presidential responsibility. In this area, any actual test of power is likely to depend on the imperatives of events and contemporary imponderables rather than on abstract theories of law.

What is the answer to the rising power of foreign monopolies and cartels?

This order reasserts as United States policy that the answer to the rising power of foreign monopolies and cartels is not the tolerance of domestic monopolization, but rather the promotion of competition and innovation by firms small and large , at home and worldwide.

What are the challenges facing the United States?

Meanwhile, the United States faces new challenges to its economic standing in the world, including unfair competitive pressures from foreign monopolies and firms that are state-owned or state-sponsored, or whose market power is directly supported by foreign governments.

What did Bolton write about Trump?

In a draft manuscript of his book, Bolton wrote that Trump directed him to help with his pressure campaign in Ukraine to dig up dirt on Democrats. The manuscript also reportedly claimed that Trump directed Bolton to set up a meeting between the President of Ukraine, Volodymyr Zelensky, and Trump's lawyer, Rudy Giuliani.

Why was Manigault Newman fired?

She claimed she was fired because she knew too much about a possible audio recording of Trump saying a racial epithet.

What did Tillerson say about Putin?

Tillerson told lawmakers in 2019 that Russian President Vladimir Putin was more prepared than Trump for a meeting in Germany, putting American officials at a disadvantage. At the time, he told lawmakers he was guided by "American values" such as democracy and freedom, but could not or would not offer an assessment as to whether the same could be said for Trump, according to a Democratic aide.

Why did Volker say it was a mistake for Trump to try and withhold aid from Ukraine?

Volker told BBC News in his first television interview since the Senate impeachment trial he thought "it was a mistake" for Trump to try and withhold aid from Ukraine for political reasons.

Why did Mattis resign?

He wrote that his resignation came after "concrete solutions and strategic advice, especially keeping faith with our allies, no longer resonated.".

What is the book Unhinged about?

After being fired from the White House, her book, "Unhinged: An Insider Account of the Trump White House," contained several unflattering claims against the President and his staff.

What did Spencer say about Trump's war crimes?

In a Washington Post op-ed, Spencer called Trump's intervention in the war crimes case "shocking and unprecedented.". "It was also a reminder that the President has very little understanding of what it means to be in the military, to fight ethically or to be governed by a uniform set of rules and practices," he wrote.