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AND ARE “EXECUTIVE ACTIONS” CONSTITUTIONAL?
by Sharon Rondeau
(Nov. 25, 2014) — On Tuesday morning, this writer made two calls to members of Congress as a private person regarding Obama’s declarations on illegal aliens announced on Thursday evening.
In speaking with a congressional staffer, we were told that the documents Obama signed the next day are “Executive Orders.” When we made the staffer aware that the mainstream media had reported the documents as “memoranda” or “executive actions” and that they do not appear in the Federal Register or on the list of presidential executive orders on the White House website, she insisted that they are “executive orders” and promised to send us a letter to that effect from the congressman’s office.
Because we called as a private person, we will not reveal the name of the congressman in whose office the staffer works.
In January 2013, Obama declared “executive actions” on gun control following the fatal shooting at Sandy Hook Elementary School in Newtown, CT on December 14, 2012. Those actions do not appear as an executive order in 2013.
The Federal Register shows the last executive order as dated October 17, 2014, and the Department of Homeland Security (DHS) refers to Obama’s changes in policy as “executive actions.” The Federal Register reflects the executive orders posted on the White House website.
As a media outlet, we then contacted White House Media Affairs by email. The exchange reads as follows:
From: Sharon Rondeau
Sent: Tue 11/25/14 12:17 PM
To: White House Media Affairs (email@example.com)
Did Obama sign “executive orders” or “executive actions?” I do not see them listed under Executive Orders at the White House website.
Sharon Rondeau, Editor
The Post & Email
Turner, Shawn (Shawn_S_Turner@who.eop.gov)
Sent: Tue 11/25/14 12:22 PM
To: Sharon Rondeau
On Background: The President took “executive action” in directing the Department of Homeland Security to update or implement changes related to our existing immigration system. He did not issue an Executive Order establishing a new program or initiative.
The memo he signed was an executive action memo.
OK, thank you very much. You might want to inform members of Congress of this, as a representative’s staffer told me this morning, even when I stated that news reports had stated differently, that they were “executive orders” and would appear in the Federal Register.
I can’t reveal the representative because I had called as a private person and stated that I would not make the conversation public. Nevertheless, this is an important distinction, I would think.
Thank you again.
Sharon Rondeau, Editor
The Post & Email
We will clarify.
Neither staffer with whom we spoke was able to identify the section of the U.S. Constitution which gives the chief executive the authority to issue “executive actions” which change existing law. Rather, they said that “other presidents” have issued executive orders in matters of “immigration.”
In conjunction with the North American Law Center (NALC), writer JB Williams wrote on Monday:
The American people were given the false impression that Barack Obama was signing an Executive Order providing amnesty for an estimated 4 million illegal immigrants residing in the United States.
Presidential Executive Orders are designed for emergency circumstances wherein there is no time for congressional action, the circumstance falls under the legal authority of the Oval Office, and the order is designed to carry out the duties of the Federal government under the U.S. Constitution and existing U.S. laws.
In the case of Obama’s recent Executive Action, the action is not within the legal authority of the Oval Office, it is not the result of any emergency circumstance of the United States, and it is not designed to carry out the sworn duties of the Federal government under the United States Constitution or U.S. laws. In fact, it is designed to subvert the U.S. Constitution and U.S. laws governing immigration and naturalization.
As a result, Barack Obama did NOT issue an Executive Order. Instead, he used what is called Executive Action, which has no force of law behind it whatsoever. In doing so, Obama acted under “the color of office” to openly subvert and circumvent U.S. law.
While Obama spoke about deferring deportations for up to 5,000,000 illegal aliens currently in the country, he also advocates giving them work permits.