As we advocate for such a diverse population here at WisdomWithin, we endeavor to remain apolitical.
During recent peer discussion about fears and concerns raised by reported pronouncements and legislative upheavals here in America, questions arose that we are not qualified to answer.
So, legal friends, for the benefit of those of us who are willing to ask questions but are not necessarily sure where to go after a certain point, I offer the following query, as I have emailed to my elected officials (with resources):
Are we to understand from the following, that everything the new president has signed thus far, are executive actions, not executive orders? Therefore, basically, wishful thinking?
All help appreciated.
PBS.org (Listing all to date)
Executive Actions Versus Executive Orders
Executive actions are any informal proposals or moves by the president. The term executive action itself is vague and can be used to describe almost anything the president calls on Congress or his administration to do. But many executive actions carry no legal weight. Those that do actually set policy can be invalidated by the courts or undone by legislation passed by Congress.
The terms executive action and executive order are not interchangeable. Executive orders are legally binding and published in the Federal Register, though they also can be reversed by the courts and Congress.
When Executive Actions Are Used Instead of Executive Orders
Presidents favor the use of nonbinding executive actions when the issue is controversial or sensitive. For example, Obama carefully weighed his use of executive actions on gun violence and decided against issuing legal mandates via executive orders, which would have gone against the legislative intent of Congress and risked enraging lawmakers of both parties.
Executive Actions Versus Executive Memoranda
Executive actions are also different from executive memoranda. Executive memoranda are similar to executive orders in that they carry legal weight allowing the president to direct government officials and agencies. But executive memoranda are typically not published in the Federal Register unless the president determines the rules have “general applicability and legal effect.”
Use of Executive Actions by Other Presidents
Obama was the first modern president to use executive actions in lieu of executive orders or executive memoranda.
Criticism of Executive Actions
Critics described Obama’s use of executive actions as an overreach of his presidential powers and an unconstitutional attempt to bypass the legislative branch of government, even though the most substantial of the executive actions carried no legal weight.
Some conservatives described Obama as a “dictator” or “tyrant” and said he was acting “imperial.”
U.S. Sen. Marco Rubio, a Republican from Florida who is considered a potential presidential candidate in the 2016 election, said Obama was “abusing his power by imposing his policies via executive fiat instead of allowing them to be debated in Congress.”
Republican National Committee Chairman Reince Priebus called Obama’s use of executive actions as an “executive power grab.” Said Priebus: “He paid lip service to our fundamental constitutional rights, but took actions that disregard the 2nd Amendment and the legislative process. Representative government is meant to give voice to the people; President Obama’s unilateral executive action ignores this principle.”
But even the Obama White House acknowledged that most of the executive actions carried no legal weight. Here’s what the administration said at the time the 23 executive actions were proposed: “While President Obama will sign 23 Executive Actions today that will help keep our kids safe, he was clear that he cannot and should not act alone: The most important changes depend on Congressional action.” (Uspolitics.about.com)