An urban legend making its rounds on the Netlore circuit contends that President Obama has issued 923 executive orders since he took office.
As close as I can tell, the actual number is around 170 as of this writing. Most of his executive orders are pretty mundane. For instance, Ex. Order 13633 authorized the closing of the executive departments and agencies of the federal government on Dec. 24, 2012. Ex. Order 13630 was to ensure the “Establishment of an Interagency Task Force on Commercial Advocacy.”
U.S. presidents since George Washington have used executive orders. Only President William Henry Harrison issued zero executive orders. Of course, he was president for only one month — March 4 through April 4, 1841, the date of his death. Harrison was also the first president to die in office.
The first president to issue a massive number of executive orders was Ulysses S. Grant. During his two terms, when reconstruction was going full steam, he issued 217.
As anyone who knows anything about U.S. history could guess, Franklin D. Roosevelt issued the most — 3,522. Under FDR’s regime, executive orders were at last numbered for reference.
FDR’s Ex. Order 6102 prohibited the hording of gold coins, gold bullion and gold certificates. Remember: he was the president that took the U.S. off the gold standard. Ex. Order 7034 created the Works Progress Administration on May 6, 1935. Ex. Order 9066 essentially created the framework for the internment of Americans of Japanese descent during World War II.
Executive orders are a mechanism for presidents to direct cabinet members to do certain tasks. Some of these orders have the force of law, but most are administrative matters.
Recently, the Court of Appeals for the District of Columbia gave President Obama a slap on the wrist for making recess appointments to the National Labor Relations Board. In fact, the three-panel judge unanimously ruled the appointments were unconstitutional.
According to an article in the Washington Post, Chief Judge David B. Sentelle sharply criticized the administration’s interpretation of when recess appointments may be made.
Judge Sentelle said the Obama administration’s interpretation would give the president “free rein to appoint his desired nominees at any time he pleases, whether that time be a weekend, lunch, or even when the Senate is in session and he is merely displeased with its inaction.” He added, “This cannot be the law.”
Please keep in mind that this ruling focused on what would seem to be a minor point of law: recess appointments.
President Obama just signed 23 executive orders relating to gun control. He is treading on a shaky, but serious constitutional ground when he deals with the Second Amendment. Lawsuits will be legion.
The President issued presidential memorandums to require federal agencies to make relevant data available to the federal background check system, to improve incentives for states to share information with background check system, and to launch a national safe and responsible gun ownership campaign.
He also signed memorandums to review safety standards for gun locks and gun safes, to require federal law enforcement to trace guns recovered in criminal investigations, to maximize enforcement efforts to prevent gun violence and prosecute gun crime, to provide incentives for schools to hire school resource officers, and to develop model emergency response plans for schools, houses of worship and institutions of higher education.
On a powder keg issue such as gun control, these orders may go well beyond the constitutional authority granted the President. Did you know the action of a single chamber of Congress can nullify a Presidential Executive Order?
The President would be better off allowing this issue to work its way through the legislative branch — as the constitution mandates. He needs to save the executive orders for managerial matters, not constitutional and legislative ones.
Mike Parker is a columnist for The Free Press. You can reach him at mparker16@suddenlink.net or in care of this newspaper.