You would think Democrats have enough to fight President Trump on that they wouldn’t have to resort to stupid, easily dismissed talking points. But again and again, on cable news and social media, the refrain is repeated: Trump is “ruling by executive order” and Republicans are hypocrites for cheering him on when they condemned Obama for – purportedly – doing the same thing.
It is thus necessary to repeat an elementary point that we’ve made over the years: The number of executive orders issued by the president is irrelevant; the issue is the substance of executive orders – specifically, whether they stray beyond the president’s authority.
Since the Left is not big on logical consistency, I will give the Dems this much: The specious argument they are making now is the same one they made during the Obama years. Then, the contention was that Obama could not have been overstepping his constitutional authority – as conservatives and a few honest progressives contended he was – because he had issued fewer executive orders than some of his predecessors. It’s a nonsequitur: The number of EOs has nothing to do with their constitutional validity.
EOs are patently necessary and theoretically unremarkable. The president is the head of the vast executive branch. He must give directions to his subordinates in order for the executive branch to carry out its work. A proper executive order is simply that: the president ordering subordinate executive officials to carry out lawful policies and actions – lawful because they are consistent with the Constitution and statutory law.
Let’s take the president out of the equation for a moment. In the military, a commanding officer may give a hundred orders a day to his subordinates. These are “executive orders” in the sense that the armed forces are part of the executive branch. But as long as they are within the bounds of the law, the fact that there are thousands of such orders causes us no concern. Similarly, when the attorney general gives instructions to Justice Department lawyers, or the secretary of state directs our diplomats, these are “executive orders” and standard fare.