Our Founding Fathers feared a powerful federal government that would inevitably threaten our God-given rights to life, liberty, and pursuit of happiness. Their great American experiment in government by the people established individual and property rights in a written rule of law called a constitution. The intent was to anchor us to rule by law, not rule by men.
Our constitution has been under attack by various means since it was written. The assaults usually come in the form of a well-intentioned law, amendment, or court decision that backfires and erodes our freedoms. As intended by the Founders, these methods of constitutional change require a prolonged, laborious, evaluative process. Impatient activists have turned to Executive Orders for instant gratification.
The abuse of Executive Orders by one branch of government undermines the role and authority of the checks and balances of opposing branches. Here are a few media comments about the use of Executive Orders.
The United States is built on our system of laws being put in place by our legislatures. When a president skirts this process with an executive order, we the people lose the stability provided by the rule of law.
Recent presidents have taken this practice to new heights: In January 2017, Donald Trump set a new record for the number of executive actions issued by a new president in his first week, with 14 (one more than the 13 issued by his immediate predecessor, Barack Obama, in January 2009), including six executive orders. President Joe Biden surpassed that record during his first two weeks in office, signing over 30 executive orders.
Julian Zelizer, a presidential historian at Princeton University, "So, it’s kind of a very transitory way to govern."
Ablison.com Identifies some pros and cons of executive orders.
- PRO
Swift decision making, flexibility, deal with congressional stalemate
Policy clarity, oversight
Used for international relations, legacy, campaign promises, protect rights - CON
Potential for abuse and overreach, perceived as authoritarian
Undermines legislative process, lacks comprehensive input, narrow scope
Policy whiplash, nonpermanent, subject to legal challenges
University of California provides a historical list of executive orders starting with George Washington.
An Article V Convention of States can restore constitutional stability.
Distortion and disregard for the rule of law is rampant but COS Can Seize the Opportunity to begin repair and restoration.
Nineteen of the required 34 states have already passed a resolution seeking a convention to thoughtfully debate amendments to protect our foundational liberties. Florida's next step is to secure an Article V Working Group by encouraging all of our legislators to lobby for it.
If this is a government of the people, we all need to step up. Are you doing your part?
