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To: semimojo
I am not a lawyer so I am open to someone more educated in this area than I am, but...

Definition: Executive Order - a rule or order issued by the president to an executive branch of the government and having the force of law.

I dont think a president or governor can willy-nilly make an executive order that applies to the citizens. That is what the legislatures are supposed to be for.

Now if a law has been passed ahead of time that defines the powers of the executive officer (president or governor) then he can issue orders within those bounds.

MHO

14 posted on 05/07/2020 1:14:50 PM PDT by Magnum44 (My comprehensive terrorism plan: Hunt them down and kill them.)
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To: Magnum44
Now if a law has been passed ahead of time that defines the powers of the executive officer (president or governor) then he can issue orders within those bounds.

That's right, and I'm no expert in Texas law but Abbot chaims that's exactly what's going on here. From his original EO:

"WHEREAS, under the Texas Disaster Act of 1975, “[t]he governor is responsible for meeting . . . the dangers to the state and people presented by disasters” (Section 418.001 of the Texas Government Code), and the legislature has given the governor broad authority to fulfill that responsibility."

16 posted on 05/07/2020 1:19:03 PM PDT by semimojo
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