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Can a Presidential "Executive Order" amend the Constitution?
Just heard on TV that Joe Biden is about to sign an executive order "giving Federal access to abortions", as the newsreader put it. He hasn't done it yet, apparently.
Umm, didn't the Supreme Court just say that they were returning the authority to regulate abortions to the states and the people, as the Constitution requires?
Where does Joe Biden get the idea he can do ANYTHING to regulate abortion at this point?
in 1973 the Court of that era invented a new "right" with no basis in the Constitution, a "right" to kill your own unborn baby. And they stole from the states the power to regulate such abortions, and awarded that power to themselves instead. They then legislated from the bench, making up some new laws out of thin air as though they were the Congress.
In 2022 The Court finally pointed out that all those acts were illegal, and overruled the 1973 case (and others).
Until the most recent dozen years or so, an "Executive Order" was something the President could only issue if it was in pursuit of something Congress had already passed and he (or a previous Pres) had signed into law. The Pres couldn't simply make up a command he wanted on any subject and presto, a new law appears and the rest of the country has to obey. The "Right of Kings" has never existed in the Constitution. In fact, that was one of the major reasons the United States came into existence: To eliminate any chance of that happening, ever again.
Classic example of a legitimate EO is, for instance, when House and Senate both pass a bill that says a group of Federal buildings in downtown DC will be painted gray. President signs it into law. Then the Prez issues an EO to get three bids for the work, issues another EO to buy the paint, another to get the work permits etc. He is issuing EOs in direct support of the law passed by Congress and signed by him (or a previous President).
But if he issues an EO to paint them green, or to build two more buildings next to them, or some such, that's an illegal EO. Or if the House passes the bill to paint the existing buildings gray, but the Senate votes it down, then the Prez can't issue the EOs to get bids, buy paint etc. - they are not supported by any bill passed by both houses and signed by the Prez.
If Joe Biden does sign an EO "giving Federal access to abortions", especially just after rules that he can't since the Constitution gives him no such authority, how can such an EO be legal?
Many pro-lifers apparently do not get what the court decided. They said the reasoning in Roe was wrong and that there is no right to abortion in the Constitution. End of story. That does not mean the Federal gov can not codify one. The authority of the president in executive orders is subject to what is granted or inferred from law. When Democrats are in the White House, with this court, this means that unless the law is very explicit then no, Biden can't do anything. When Republicans are in the White House, the interpretation has been that anything a Republican president wants is OK. So at the end of the day, the court will toss Biden's orders.
Can a Presidential "Executive Order" amend the Constitution?
Just heard on TV that Joe Biden is about to sign an executive order "giving Federal access to abortions", as the newsreader put it. He hasn't done it yet, apparently.
Umm, didn't the Supreme Court just say that they were returning the authority to regulate abortions to the states and the people, as the Constitution requires?
Where does Joe Biden get the idea he can do ANYTHING to regulate abortion at this point?
in 1973 the Court of that era invented a new "right" with no basis in the Constitution, a "right" to kill your own unborn baby. And they stole from the states the power to regulate such abortions, and awarded that power to themselves instead. They then legislated from the bench, making up some new laws out of thin air as though they were the Congress.
In 2022 The Court finally pointed out that all those acts were illegal, and overruled the 1973 case (and others).
The obvious answer is NO.
But it depends on exactly what he tries to do.
There was talk about him allowing abortions on "Federal Land" which may skirt Constitutional law but may be allowed. Would he be able to set up Clinics on Military bases that have different rules for abortions than the States they are in?
However, the Hyde Amendment may be an issue that does not allow this, unless his EO is meant to end the rule.
I'm sure when he signs any such order, it will be instantly challenged.
It's just for show. Joe wants to look like the good guy and the darn SC and constitution is getting in the way. "HEY! That gives me an idea for another EO..."
There was talk about him allowing abortions on "Federal Land" which may skirt Constitutional law but may be allowed. Would he be able to set up Clinics on Military bases that have different rules for abortions than the States they are in?
However, the Hyde Amendment may be an issue that does not allow this, unless his EO is meant to end the rule.
I'm sure when he signs any such order, it will be instantly challenged.
They've already stated they are not going to do this.
The EO will direct HHS to :
Quote:
Friday's executive order will prompt Health and Human Services Secretary Xavier Becerra to take steps to ensure access to abortion, including FDA-approved medication abortion and expanded access "to the full range of reproductive health services," according to an administration fact sheet shared with CNN. Those services include "emergency contraception and long-acting reversible contraception like intrauterine devices (IUDs)," the fact sheet says, citing coverage of birth control under the Affordable Care Act.
They can't and they know they can't. They can only operate within the Fed government themselves.
Biden's handlers know if they go any further it will be sent to the courts.
Like when they labeled covid up there with anthrax to get OSHA to mandate vaccines for every working American.
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