Question
The President is new to the game of government. He is imbued with the powers of leading this country through challenges. He is the Commander
The President is new to the game of government. He is imbued with the powers of leading this country through challenges. He is the Commander in Chief of the armed forces, and he is a key vote on legislation that is created by Congress. Yet, there can be some problems with the concept of separation of powers, meaning that the power of the United States government rests in an equal division between the executive, legislative and judicial branches.
President Trump wants to create an executive order that requires all people with SUVs to buy energy-efficient tires made in America to first, reduce greenhouse emissions, and second, to encourage people to buy tires that were made here. Competitors who make tires in other countries would have to pay a tariff in order to ship the tires here. Congress has not given any legislation that would give the President the power to write an executive order in this area, and many people in the press cannot understand why the order would have the force of law. Republicans in Congress see the order as protecting American products, while Democrats see the order as restricting competition and aggrandizing the President's power under the Constitution.
discuss:
1. How does an executive order fit within the separation of powers within the constitution? What are its limitations?
2. What are the consequences by Congress for the President exceeding his power by making an executive order that is not within Congress's delegation of power?
3. Can the Judicial Branch review the decision and find the executive order unconstitutional?
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