Question

According to Chapter 12 of American Government, what is an executive order and what are executive orders subject to? How does the Korematsu (1944) case and the internment of Japanese Americans suggest about the extent of the president's war powers? That is, does the president have too much authority during times of war? Do you think the Supreme Court reached the "right" decision at the time? Why or why not? Explain your answer.

Answer 1

• An executive order is essentially a directive from the president about how they want federal agencies of the executive branch that report to them to use their resources to implement and execute the laws approved by Congress, as interpreted by the administration.
• An executive order is not the president creating new law or appropriating new money from the U.S. Treasury — both things that are the domain of Congress; it is the president instructing the government how it is to work within the parameters that are already set by Congress and the Constitution.
• Article II of the U.S. Constitution vests executive powers in the President, makes him the commander in chief, and requires that the President “shall take Care that the Laws be faithfully executed.” Laws can also give additional powers to the President.
• Congress has no role in approving an executive order, nor can it overturn such an order.
• While an executive order can have the same effect as a federal law under certain circumstances, Congress can pass a new law to override an executive order, subject to a presidential veto.
• If Congress does not like an executive order then its only option is to pass a new law limiting the order’s specific actions, and/or limit/end funding for the order’s implementation. But any such law will need two-thirds majority support in the Senate to be safe from the president’s ability to veto legislation.
• If Congress does not act, or is unsuccessful in changing the law, then the other option is to challenge the legality of the executive order in the courts.
• If a court rules an executive order is illegal or unconstitutional, then the president would almost certainly appeal that decision to the Supreme Court. If the appeal is unsuccessful because the executive order deviates from “congressional intent”, or is seen to exceed the president’s constitutional powers, then the implementation of the order in that form must cease.
• If, however, the Supreme Court upholds the order, it can remain in place until Congress changes the law.
• Due to time limit,remaining questions can be asked as another question,they will be answered,thankyou for your cooperation