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Debates Forum

  1. Standard membervivify
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    22 Dec '17 14:571 edit
    Obama used an executive order to fund the ACA; Trump then issued an EO to rescind that order.

    Question: can the next president simply revoke Trump's EO with one of his/her own, only to have the following president reverse that EO, ad infinitum?
  2. Subscriberjoe shmo
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    22 Dec '17 15:15
    Originally posted by @vivify
    Obama used an executive order to fund the ACA; Trump then issued an EO to rescind that order.

    Question: can the next president simply revoke Trump's EO with one of his/her own, only to have the following president reverse that EO, ad infinitum?
    After doing a little reading on the interwebs, I believe the answer is “yes”.
  3. Standard membersh76
    Civis Americanus Sum
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    22 Dec '17 15:15
    Originally posted by @vivify
    Obama used an executive order to fund the ACA; Trump then issued an EO to rescind that order.

    Question: can the next president simply revoke Trump's EO with one of his/her own, only to have the following president reverse that EO, ad infinitum?
    Yes.

    Presidents are not bound by the executive orders of previous presidents.
  4. Joined
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    22 Dec '17 15:23
    Originally posted by @vivify
    Obama used an executive order to fund the ACA; Trump then issued an EO to rescind that order.

    Question: can the next president simply revoke Trump's EO with one of his/her own, only to have the following president reverse that EO, ad infinitum?
    Obama also made exemptions to Obamacare using EO's that countered the legislation.

    It's like pretending laws don't exist, just like signing off on sanctuary cities.
  5. Joined
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    22 Dec '17 15:52
    Originally posted by @vivify
    Obama used an executive order to fund the ACA; Trump then issued an EO to rescind that order.

    Question: can the next president simply revoke Trump's EO with one of his/her own, only to have the following president reverse that EO, ad infinitum?
    what is more at play here is the SCOTUS. No president can issue an illegal EO. This was the case with ACA, it was illegal. SCOTUS changed the wording from penalty to tax. They did not have the authority to do this. Trump undid this illegal action.
  6. Joined
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    22 Dec '17 16:231 edit
    Originally posted by @sh76
    Yes.

    Presidents are not bound by the executive orders of previous presidents.
    I don’t know of any EO that orders POTUS to do something, don’t they usually order exec branch agency actions?

    Doesn’t an EO survive a change of president, unless/until altered or rescinded by the new president?
  7. Joined
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    22 Dec '17 16:39
    Originally posted by @js357
    I don’t know of any EO that orders POTUS to do something, don’t they usually order exec branch agency actions?

    Doesn’t an EO survive a change of president, unless/until altered or rescinded by the new president?
    OMG??? I cant believe you are that confused.
  8. Standard membersh76
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    22 Dec '17 16:502 edits
    Originally posted by @js357
    I don’t know of any EO that orders POTUS to do something, don’t they usually order exec branch agency actions?

    Doesn’t an EO survive a change of president, unless/until altered or rescinded by the new president?
    The President controls the entire executive branch, including the administrative agencies. When I said "President," I meant the administration, including all adminisitrative agencies.

    Yes, I guess an EO remains in effect until rescinded, but the President can rescind it any time and for any reason (or no reason at all). He can also do so implicitly.

    I'm not sure if this is what you were getting at, but just in case: There is no such thing as a President "violating" the EO of a previous President. It's his call. He can change executive policy at will.
  9. Joined
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    22 Dec '17 19:15
    Originally posted by @mott-the-hoople
    what is more at play here is the SCOTUS. No president can issue an illegal EO. This was the case with ACA, it was illegal. SCOTUS changed the wording from penalty to tax. They did not have the authority to do this. Trump undid this illegal action.
    If 5 supreme court justices back his play and he has the Senate in his back pocket, the President can do anything.
  10. Joined
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    22 Dec '17 19:45
    Originally posted by @mott-the-hoople
    OMG??? I cant believe you are that confused.
    Can’t believe it? That’s because I’m not confused.
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    22 Dec '17 19:56
    Originally posted by @eladar
    If 5 supreme court justices back his play and he has the Senate in his back pocket, the President can do anything.
    basically all he needs is the SCOTUS. As shown recently with Trumps EO concerning immigration ban. An activist fed judge blocked it, said it was illegal...SCOTUS overturned. They have the final say...I'm sure you have heard of legislating from the bench.
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    22 Dec '17 21:36
    Originally posted by @mott-the-hoople
    basically all he needs is the SCOTUS. As shown recently with Trumps EO concerning immigration ban. An activist fed judge blocked it, said it was illegal...SCOTUS overturned. They have the final say...I'm sure you have heard of legislating from the bench.
    He needs congress so he can't be removed from office by impeachment. He doesn't need all of the Supreme Court, just 5 judges.
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    22 Dec '17 21:491 edit
    Originally posted by @eladar
    He needs congress so he can't be removed from office by impeachment. He doesn't need all of the Supreme Court, just 5 judges.
    Nope, he could pardon himself before conviction. I never meant a unanimous SCOTUS...but I see your point.
  14. Subscriberno1marauder
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    22 Dec '17 22:041 edit
    Originally posted by @mott-the-hoople
    Nope, he could pardon himself before conviction. I never meant a unanimous SCOTUS...but I see your point.
    A President can't pardon himself or anybody else from impeachment. See Article II, Sec. 2, paragraph 1 of the US Constitution.
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    22 Dec '17 23:47
    Originally posted by @no1marauder
    A President can't pardon himself or anybody else from impeachment. See Article II, Sec. 2, paragraph 1 of the US Constitution.
    You are correct...but that is not what I said.
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