Friday, November 14, 2014

Executive Orders

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?

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