Has Biden gone too far?

In only one week in office, Joe Biden has issued more executive orders than recent predecessors in that same time frame. The pace and endless plans to RULE by decree as opposed to carrying out his constitutional duty to execute existing laws is troubling.

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While all Presidents have used this tool, none have approached Franklin D. Roosevelt who issued 3728 over his FOUR elected terms. Biden’s actions may be considered an overreach of authority. As of yesterday, Biden has issued 24 Executive Orders and numerous proclamations and memoranda according to the White House. (whitehouse.gov).

The Article 2, Section 3 of the Constitution explains the role of the President:

“he shall take Care that the Laws be faithfully executed”

https://constitutioncenter.org/interactive-constitution/article/article-ii

In no part of the Constitution does the President have law-making powers, yet Presidents have wielded them and the Congress and Courts have resisted. Until now! The Supreme Court seems less likely to weigh in on existing actions and Congress is now controlled by the Democrats, ensuring no legal or constitutional challenge arises. While we may support or disagree with a President’s Executive Orders, we should question whether if they are actually constitutional (individually or procedurally.)

Presidential Executive Orders by Administration:

Trump 220 Obama 276 G.W. Bush 291 Clinton 254

Interestingly, the President labeled a dictator and tyrant issued the fewest in recent times.

Biden does have a progressive mandate as evidenced by his campaign, voter turnout and support in the voting process. However, this mandate for change is Constitutionally outlined to carry out laws passed through Congress.

Duties of the President:

-Commander in Chief (military) and Commissioner of Officers

-Treaty-maker (with support of 2/3 of Senate)

-Appointer of Judges Ambassadors and Cabinet members

-Host to Ambassadors, etc..

-Presenter of the State of the Union

The full text of the Constitution, Article 2 Sections 2 and 3 listing the full duties of the President are provided at the bottom. Below, note how executive orders were challenged when the executive was named Trump.

Section 2

The President shall be Commander in Chief of the Army and Navy of the United States, and of the Militia of the several States, when called into the actual Service of the United States; he may require the Opinion, in writing, of the principal Officer in each of the executive Departments, upon any Subject relating to the Duties of their respective Offices, and he shall have Power to grant Reprieves and Pardons for Offenses against the United States, except in Cases of Impeachment.

He shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two thirds of the Senators present concur; and he shall nominate, and by and with the Advice and Consent of the Senate, shall appoint Ambassadors, other public Ministers and Consuls, Judges of the supreme Court, and all other Officers of the United States, whose Appointments are not herein otherwise provided for, and which shall be established by Law: but the Congress may by Law vest the Appointment of such inferior Officers, as they think proper, in the President alone, in the Courts of Law, or in the Heads of Departments.

The President shall have Power to fill up all Vacancies that may happen during the Recess of the Senate, by granting Commissions which shall expire at the End of their next Session.

Section 3

He shall from time to time give to the Congress Information of the State of the Union, and recommend to their Consideration such Measures as he shall judge necessary and expedient; he may, on extraordinary Occasions, convene both Houses, or either of them, and in Case of Disagreement between them, with Respect to the Time of Adjournment, he may adjourn them to such Time as he shall think proper; he shall receive Ambassadors and other public Ministers; he shall take Care that the Laws be faithfully executed, and shall Commission all the Officers of the United States.

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