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Americans For Justice  -United - 2016

Blog posts January 2016

What is an Executive Order?

What is an Executive Order?
  With the issuance of numerous Executive Orders over the tenures of nearly every United States President, and the recent issuance of a set of controversial orders concerning 'Gun Control', I began wondering if I really knew what an Executive Order actually was.  Is it legally binding?  Can it be undone?  Throughout the time I have been politically motivated, I have heard many conflicting stories and opinions pertaining to this.  So, I looked into it.
  I'll begin by answering the most important question, Is an Executive Order legally binding, is it law?  The simple answer would be, Yes, it is legally binding. They allow a President, and states Governor's, to make major decisions, and law, without congressional approval but possessing the same weight as a congressional order or law.  The Presidents source of authority, which has been contested various times, to issue Executive Orders is in Article II, Section 1, of the Constitution of the United States of America, which grants the President, 'Executive Power'(Which is where the controversy lies).  
  As a side note, Section 3 of Article II, directs the President to'..take care that the laws be faithfully executed.' 
  The ultimate, and, in my opinion, well founded criticism is that the runaway use of Executive Orders could result in a President becoming a virtual Dictator.  
  Congress has two options to limit the executive branch.  Option 1, It may rewrite or amend a previous law.  Option 2,  Spell out, in greater detail, how the executive branch must act.  Of course, the sitting President has the authority to Veto such action.  Which, in turn, will require a two thirds majority to overturn an 'Executive Order'.  Additionally, 'Executive Orders' can be challenged in court, usually on the grounds that the order deviates from congessional intent or exceeds the Presidents Constitutional power.  An example would be President Truman, who, by 'Executive Order', seized control of all steel mills across the country in an effort to settle a labor dispute.  The Supreme Court ruled the seizure unconstitutional and exceeded presidentual powers because neither the Constitution or any statute authorized the President to seize privately owned businesses to settle such disputes.  However, for the most part, the Supremem Court is quite tolerant of a wide range of 'Executive Orders'.
  Almost every President has used the 'Executive Order', most were unpublished and only seen by the angencies involved or affected.  In the early 1900's, the State Department began numbering them. Orders were then retroactively numbered going back to 1862, when President Lincoln suspended the writ of habeas corpus and issued the 'Emancipation Proclomation'.  Some 'Executive Orders' have not been numbered due to lack of or poor record keeping.
  Now, here is where things get fuzzy.  
  There is more than one type of Executive Order.  Different types of orders require different protocols and different rules to follow from one to the next, some quite subtle.  First, the 'Executive Order', of which we have discussed.  There is the 'Proclamation', which is generally ceremonial or symbolic, i.e., 'Take your kid to work day'.  A 'Presidential Directive', formally known as a 'National Security Directive', is an 'Executive Order' issued with the advice and consent of a major agency or department found within the executive branch of the Government. A 'Presidentual Determination' is issued by the White House stating a determination resulting in an official policy or position of the executive branch of the United States government.  And, there is the 'Presidential Memorandum', who's only difference from an 'Executive Order' is that is does not get numbered.  Memorandums are published in the Federal Register after 'Proclamations' and 'Executive Orders', and, under EO11030, signed by President Kennedy in 1962, an 'Executive Order' must contain a 'Citation of Authority' saying what law it is based on.  A memorandum has no such requirement. 
  Essentially, by issuing his directives by 'Presidential Memorandum' rather than 'Executive Order', a President can downplay the extent of his orders.  Our current President uses this to his advantage.  obama has signed, as of 12/31/15, 224 'Executive Orders', which, in comparison, is quite in line with many others.  But, if you then add in the 'Presidential Memorandums', that number is 198, as of 12/17/14.  When these two numbers are taken together, Obama is on track to have taken more high level action than any President since President Truman.  In addition, Obama is the first President to use more memorandums than orders.  This is how defenders of Obama can say he hasn't issued any more 'Executive Orders' than any other President.  Obama  has also signed at least 28 'Presidential Policy Directives' in the area of National Security.  Which, in a FOIA law suit in 2013, a federal court ruled these directives are the functional equivalent to an 'Executive Order'.  The Office of Legal Counsel, who signs off on the legality of these orders, during the first years of the Obama presidency, asked for a 14.5% increase in funding.  Justifying its request by, in part, noting the large number of orders that had been issued.
  Here's just a little FYI about past 'Executive Orders'.  Who signed the least, President William Henry Harrison, signing zero.  The most, President Franklin D. Roosevelt, with 3,522.  President Truman intergrated the armed services.  President Eisenhower desegrigated schools.  Presidents Kennedy and Johnson bar racial discrimination in federal housing, hiring and contracting.  President Reagan barred the use of federal funds for advocating abortion(later reversed by President Bill Clinton).  President Clinton designated 1.7 million acres of southern Utah as the 'Great Staircase' and fought a war with Yugoslavia, all under the authority of the 'Executive Order'.  And with well over 13,000 numbered orders, this is but a tiny sample.
  As I can see that some feel good measures and some possible emergency measures may make this power necessary, I also feel that this is in direct conflict with our constitution with respect to the idea that no one branch should have the power to act unilaterally and, most disturbingly, unabated.

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The Last State Of The Union Address

While Obama prepares his last State of The Union Address, Americans are speaking out.  They feel they just cannot listen anymore.  We have heard too many lies, seen too many laws violated and watched the decline of our society from Obama's harmful decisions.  There is a tiredness of the same manipulation being carried out.  There is word he will have an empty chair for victims of gun violence.  Many have spoken about there being no empty chairs for the Veterans who died waiting for care, the innocent Americans who were killed by illegals, for the  innocent Americans killed by Muslims in terrorist attacks on our soil, for the Law Enforcement who were murdered by his actions.  Obama likes to remain silent or minimize these things.  Even Mayors follow step with avoiding the truth after incidents happen.

There is word that Obama will have Syrian Refugees attend the speech.  So, he will basically 'use' these  individuals to downplay the intake of refugees and push his agenda?  He will try to convince Americans that refugees are safe people to bring here.  He will be continuing on from  his previous statement they are only 'widows' and 'orphans'.  Meanwhile , there is evidence ISIS has infiltrated the refugee migration in general.  We also have 1,000 active ISIS investigations reported in our country.  Recently, 2 ISIS were reported to be  arrested in TX and CA who are Iraq 'refugees'.  Then, we have horrific reports from other countries regarding their Syrian refugee intake.

In Norway it is reported the crime escalated so much, they are paying $10,000 dollars per refugee family to LEAVE.  In Germany, it is reported there were 500 criminal complaints of rape and crime by refugees on New Years Eve !  So while Obama sets up Americans to be victims of rape, assaults, etc (as it is reported to be part of their culture), and take on the financial burden on top of all the illegals he aided into our country, he wants Americans to believe his agenda is nothing more than helpful.   He wants to make Americans believe it is fine to bring thousands and thousands of refugees here at a time of war when there is no secure vetting process.  There is no data base for ISIS operatives.

He may spend his speech justifying his executive orders, including his actions with gun control.  That's right.  This is our 2nd Amendment right to bear arms so that we can defend ourselves.  Something Obama would like to 'control'.  His over reach and 'control' has gone too far.  There are reports he and his police task force plan to have Law Enforcement  turn in some equipment by April , 2016?  Some of this equipment was helpful with the terrorist attack in California.  What president would weaken our law enforcement at a time like this?  He has already sided with criminals during the Black Lives Matter movement , released illegals with known criminal records onto our streets and released domestic felons who also could be radicalized in our federal prisons, all this while law enforcement have become 'targets' due to his actions with numerous lives lost under attack.

Americans are resilient and we will prevail.  We will continue to unite with the intent on using our 1st Amendment rights to free speech and/or peaceful assembly.  We will continue to pursue justice for our country.  This may seem futile to some, with Obama having only one year left in office.  Let me tell you, it is not.  One year is a long time with his rapid movements, reckless actions and  executive orders.  Above all, many Americans believe he should be held accountable for violations of law.  This must happen. It is our lives on the line that we have the right to stand for, along with our fellow citizens and do what is best for our country.  We will do this.  We will continue to do everything we can in a lawful righteous way.  We are here to speak.  We are here to seek accountability for the victims of this agenda.  We are here to help restore public safety and defend our rights.  We will be free.

Welcome Americans!  Let's never give up the fight for what is right and just.  We look forward to hearing from you.  Feel free to look back on our past topics.  They are listed by month in the archives at the bottom right hand side of the page.  Uniting takes participation.  To comment, click on comment below a topic of interest.  You only have to enter a commenting name of choice.  If the other fields are left blank , it will still go through.  Time varies for it to show up at the site, but the site is checked regularly.

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Welcome Americans!  I just wanted to report to you this site has not stopped.  There hasn't been new topics in the New Year yet, as I am temporarily involved in a work obligation.  Either my partner will add a new topic or I will as soon as I can this month.  This site was started in 2015, so the site address remains the same.  As you can see on the headline at the top of this site, we have continued it into 2016.

We are average Americans who believe we need to unite to do whatever we can to help our country with all that is happening.  This is not a radical site, religious site or affiliated with any particular political party.  We care about our rights.  We care about our laws.  We care about our freedom.  This is a place to comment on topics, give ideas and offer input.  This is a place to connect with others regarding the issues we face.

Everyone is welcome, including Veterans and Law Enforcement.  If you would like to comment on past articles, we will see the latest comments that come in.  The site is checked regularly.  The archives of topics are listed by month in the bottom right hand corner of the page. You may enter comments by clicking on comment below the topic.  All that is needed is the name you choose for commenting.  The comment will still go through if other areas are left blank.  Time varies for it to show up at the site, but we do our best to add it quickly. 

When new topics continue on the site, the live chat will be listed again for the option to talk in the moment when it is  active.  If it is not active you may leave a comment that will show up immediately and it will be seen when people return.  This site has many views and we look forward to new comments this New Year.   Thank you for being here.  We look forward to hearing from you . 


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