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It's not constitutional, but does that matter?
by kgsbca

ok, I'm not a lawyer or legal scholar, but my understanding of executive orders is they they are just directions that the president gives to the executive branch. It doesn't mean it's ok. If they actually carry it out, it can be contested in court, and only the most corrupt of courts (and we might have one of those) could rule this order is legal.

This is similar to the president's signing statements - he does it, but they haven't been challenged yet because the administration has yet to implement one of those statements. The idea that the president can just create laws by attaching a statement to a bill that has passed is ludicrous, it basically means that are bills that are passed by congress are blank sheets of paper for the president to make up whatever law he wants.

At some point, the administration may decide to try one of these new powers, probably in the midst of some disaster when nobody is paying attention. Of course, some can make the case that a disaster has been in progress for the last 6+ years.

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