Skip to comments.Executive Order Hijinks [NRO's Andy McCarthy: "This Anti-Abortion EO Is Blatant Chicanery"]
Posted on 03/21/2010 2:05:40 PM PDT by Steelfish
Executive Order Hijinks [Andy McCarthy]
I know we tire of the hypocrisy, but I really think this is remarkable. We spent the eight years through January 19, 2009, listening to Democrats complain that President Bush had purportedly caused a constitutional crisis by issuing signing statements when he signed bills into law.
Democrats and Arlen Specter (now a Democrat) complained that these unenforceable, non-binding expressions of the executive's interpretation of the laws Bush was signing were a usurpation Congress's power to enact legislation.
But now Democrats are going to abide not a mere signing statement but an executive order that purports to have the effect of legislation in fact, has the effect of nullifying legislation that Congress is simultaneously enacting?
The Susan B. Anthony List observation that EOs can be rescinded at the president's whim is of course true. This particuar EO is also a nullity presidents cannot enact laws, the Supreme Court has said they cannot impound funds that Congress allocates, and (as a friend points out) the line-item veto has been held unconstitutional, so they can't use executive orders to strike provisions in a bill.
So this anti-abortion EO is blatant chicanery: if the pro-lifers purport to be satisfied by it, they are participating in a transparent fraud and selling out the pro-life cause.
(Excerpt) Read more at corner.nationalreview.com ...
In this we can rest assured our president will be consistent.
It’s a complete fraud and the Stupid-pact group have sold out. Hope whatever few pieces of silver they traded their souls for were worth it.
Boehner: Pro-Life Democrats Cant Hide Behind an Executive Order
Recd via e-mail | Sunday, March 21, 2010 | John Boehner
Posted on Sunday, March 21, 2010 12:10:31 PM by kristinn
GOP Leader: Make no mistake, a yes vote on the Democrats health care bill is a vote for taxpayer-funded abortions.
WASHINGTON, DC House Republican Leader John Boehner (R-OH) issued the following statement on a potential Executive Order from the White House on abortion:
The law of the land trumps any Executive Order, which can be reversed or altered at the stroke of a pen by this or any subsequent President without any congressional approval or notice. Moreover, while an Executive Order can direct members of the executive branch, it cannot direct the private sector.
Because of Roe v. Wade, courts have interpreted the decision as a statutory mandate that the government must provide federal funding for elective abortion in through federal programs. In other words, no Executive Order or regulation can override a statutory mandate unless Congress passes a law that prohibits federal funding from being used in this manner. Legal experts at the US Catholic Conference of Bishops, National Right to Life Committee, Americans United for Life, and Family Research Council have confirmed this view that if the Senate bill is signed into law, it is a statutory mandate for the new health plans to include federal funding of elective abortion. The need for an Executive Order is evidence that this is true, and Congressional Democrats know it. Make no mistake, a yes vote on the Democrats health care bill is a vote for taxpayer-funded abortions.
The supposedly ‘pro-life’ D@mocrats once again prove (beyond a shadow of a doubt) that the term ‘principled Democrat’ is an oxymoron...
Sundays at 4 pm are the time for Democrats to kill babies.
a “pro-life” democrat not only is an oxymoron, but also means the person is a attention whore and a fraud.
Hey Stupidiac.....blood is on your hands and there is NO WAY you can spin this!!!!
If Stupak thinks he’s assuaged the Party Bosses with this deal, he’s got another thing coming. If and when the President decides to rescind the EO, then Stupak loses face. This could be used as a threat in order to keep him in line on future votes so as to avoid looking like a chump on the health care deal. He’s got a lot more to lose from the President reneging on this thing than Obama does. So in a sense, not only have they bought him off on the Health Care vote, but in perpetuity.
Glad McCarthy weighed in on this—he’s got a great legal mind.
The Obama EO is not going to stand court challenge.
The EO itself is empty anyway. It’ll be rescinded around Christmastime. Stupak and his buddies will largely be out of office. The word “stupaker” will be the worst epithet to call a Democrat, meaning a lying snake who pretends to be right-wing in some fashion.
Excellent pic post!
But ...... the EO is not valid.
If Stupak figures it out before the end of the week when they vote on the Senate bill, Stupak could end up voting NO.
Hmmmmm ..? I wonder if the WH thought of that ..??
Oh, for God's sake, give it up! STUPAK WAS NEVER GOING TO VOTE NO, EO or not!
So .. let me get this straight.
The EO is not valid because it cannot override established law (the Hyde Amendment) ..?? Do I have that right ..??
I have heard from Fox interviews that the EO WILL NOT BE SIGNED UNTIL AFTER THE SENATE BILL IS VOTED ON AND PASSED .. has anybody else heard that.
If the EO is written after that .. then it could in effect “amend” the legislation - BEFORE IT BECOMES LAW .. and that would be okay ..??
Or, will Obama wait until he signs the legislation into law and then write the EO .. which means the EO would have no effect at all ..??
What is the truth. I looked at my Constitution - and I can’t find anything about EO’s.
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