President who Abuses his Executive Order Authority - Assignment Example

1: Why or why not does a a President who abuses his executive order authority undermine the constitutional separation of powers and may even violate it. The abuse of executive order authority has been a recent event in political arena. Many people are concerned about the scope of President’s authority in case of several political issues. The separation of power is a gift which limits the authority power of Presidents. As per (Fleishman 1) “Separation of power is a difficult doctrine. Few principles are so basic to American notion of democracy, yet so misleading”.

However Presidents have abused their authority and crossed their line due to the fact that some decision might need a strong action from one authority. An aggressive president can use his power to establish beneficial acts. By such an act, he might be undermining the constitution of separation of powers but sometimes when power is shared by two governments the justice fails to enact. The executive authority can take decisions in situation where there is a mandatory need but when implying order for mean motives then definitely he is practically undermining the constitution of separation of powers.

Question 2: Is the use of executive instructive--even if that executive order dispute the lawful goal for which it was established? The executive authority would not be instructive it were to dispute the lawful goal for which it was established. The executive authority needs to be within the law parameters. Otherwise the executive authority would be violating the national integrity and the very structure of the political ideology of the government. An executive need to look at the limitation of his power and rightful use of power can only bring about an ideal constituency.

As per (Word Press) “The president must enforce laws that are passed by the formal legislative process as they are written.  If the president does not like a bill passed by congress or feels it violates the Constitution then the president can veto it before it becomes law”. President cannot necessarily pass orders which are not supported legally however he can use executive orders to modify certain laws which are passed by the constitutions.Question 3: History and practice are useful tools in understanding the President's authority, and a Legal framework of analysis exists to help determine issues of validity.

Beyond questions of legality, there are many separate but important issues of policy. Two broad policy questions present themselves: (1) whether a given power the President possesses ought to be used to advance a particular policy objective, and (2) whether a particular draft directive effectively advances such a policy goal. Specifically, research any executive orders Pres. Obama has issued and determine if the 2 policy questions in this paragraph have been met.The two polices which meet two of the said demands are the illegal immigrant deportation policy and the Filibuster reform.

The Obama government lately imposed the ban on deportation of illegal immigrants which means he has promoted the human value and freedom rights. This means there is less bias and injustice in the county and this means the objective of Obama is getting implemented where he wish for a liberal America. A person who has lived in the country for a certain number of years need to be given chance for sustenance reasons. Another policy is the Filibuster reform allows a person to block any legislation even if it has the support from president and Senate.

This means there is less authoritative actions which come without the support of other parties in the government. These police show that Obama has used his power to propagate some valuable ideologies.ReferencesFleishman, Joel L. "Law and Order; the Problem of Presidential Legislations." Problems 40.3 (1976): 1-45. PrintWord Press, . "Do Executive Orders Violate the Constitution ? ." http://constitutionmyth buster.com. Word Press, 2013. Web. 26 May 2014. .