The President's role is not to enact laws, nor to repeal or amend laws already enacted, but rather to "take care that the laws be faithfully executed."
Consiider this hypothetical:
A conservative Republican President has repeatedly asked a Democratic-controlled Congress to pass a law repealing the capital gains tax. The President believes this is a form of double taxation, and is therefore unfair to investors and harmful to the economy.
When Congress refuses to act, the President signs an executive order deferring enforcement of the capital gains tax and directing the IRS to issue "blue cards" to investors suspending their obligation to pay capital gains taxes.
How should we react to this use of executive orders by the President?
The web log for Prof. Duncan's Constitutional Law Classes at Nebraska Law-- "[U]nder our Constitution there can be no such thing as either a creditor or a debtor race. That concept is alien to the Constitution's focus upon the individual. In the eyes of government, we are just one race here. It is American. " -----Justice Antonin Scalia If you allow the government to take your liberty during times of crisis, it will create a crisis whenever it wishes to take your liberty.
-
I. Tinker A student's right to speak (even on controversial subjects such as war) in the cafeteria, the playing field, or "on the...
-
Monday August 28 : Handout on Moore v Harper (PDF has been emailed to you); Originalism vs. the "Living Constitution": Strau...
-
Jack Phillips of Masterpiece Cakeshop (art by Joshua Duncan) "We may not shelter in place when the C...
No comments:
Post a Comment