Discussion Responses (Jus522 W4)

I’m stuck on a Law question and need an explanation.

DQ1- Executive agencies of all sorts mostly receive orders from the power of the President that ultimately directs the activities of thus said agency. It is nearly impossible that an executive agency can rebel against an executive order if the agents of that executive agency feel they have an ethical duty to do so. In most cases, once the president has made an executive order it cannot be revoked depending on the circumstances and the provisions of that said order. Personal ethical models should not be used as a factor in an institutional one. According to Mintz (2019), presidential executive orders vary greatly in their extension and purposes. Some declare measures that are totally symbolic. Others, however, are plainly expected to decipher existing laws and effectuate public policy (like some of the orders of President Donald Trump). To the degree that an executive order implies to do as such, it is irrefutably an “arrangement” that must, in this manner, be deciphered predictable with the strategies set up in NEPA to agree that resolution’s understanding command. This article has recommended that usable segments of an Order, would cause it to be conflicting with pertinent law. Despite the fact that infrequently conjured, the essence of the NEPA interpretation order is an unmistakable legislative order that all government approaches be deciphered steady with NEPA’s arrangements to the furthest extent conceivable (Mintz, 2019).

Reference

Mintz, J. A. (2019). The President’s “Two for One” Executive Order and the Interpretation Mandate of the National Environmental Policy Act: A Legal Constraint on Presidential Power. UMKC Law Review, 87(3), 681.

DQ2- Executive agencies are subject to executive orders directed by the President because the President is technically the over-seer of the country. With this being said, there are times where the President can insist on orders that are not ethically right. This has been seen several times with our current President, Donald Trump. This is why there are checks and balances in place to ensure that the executive order is justifiable and not at the specific interest of the president. The constitution was organized to avoid an autocratic President so that it does not turn into a dictatorship. Attorney General Frosh shared that one of Trump’s executive orders is strictly a Muslim Ban (Millemmann, 2017). This is where directors may rebel against the executive order and fight back due to personal ethics. These executive orders have been seen with Democrats and Republicans. Many times, Presidents allow their personal agenda to interfere with the best interest of the country. This is why checks and balances are essential to keep in place so that the President does not abuse their power. Checks in balance is a solution to the conflicts between world views.

References

Millemann, M. (2017). Checks and Balances in the Age of Trump. U. Md. LJ Race, Religion, Gender & Class, 17, 1

DQ3- When the president of the United States is sworn into office, he is swearing an oath to protect and defend the constitution, to include implement laws and regulations that will serve to protect citizens constitutional rights (Driesen, 2019). All federal officials are subjected to swear an allegiance to the constitution in order to be remain faithful to the law rather than be seen as servants of the president (Driesen, 2019). A federal employee cannot rebel against an executive law and prevent its execution because they swore their allegiance to the constitution which authorizes the presidents to utilize executive powers to implement a rule or regulation. As civil servants to the execution of laws and regulation, regardless if they were enacted by congress or the president, they must uphold their oath and ensure that they execute the laws put into place above them. They cannot legally utilize their personal ethical code to prevent an executive order from being implemented. The founding fathers, wise in their creation of our current federal republican government created a system of checks and balances, in order to prevent a system in which they fought to separate themselves from, from being recreated again. This system prevents any of the three branches of government from getting to powerful and enacting self-serving laws. This concept allows for different worldviews to find a common ground for debate and ultimately resolutions. No one will ever be fully satisfied yet, common ground can be found, which will help ensure the greater good and opinion will prevail.

References

Driesen, D. M. (2019). President Trump’s Executive Orders and the Rule of Law. UMKC Law

Review, 87(3), 489–524.