- Mar 2013
- Vulcan, down the street from Darth Vader
As to executive orders, they can only be used as instructions to the subordinate departments of the executive branch as to how the law (including constitutional powers of the executive) should be executed. The president cannot use them to make his own law out of nowhere. We do not, IMO, need a constitutional amendment for this purpose; it is already part of the system. Rather, it would be appropriate for EOs that operate outside that context to be judicially challenged, so that the courts can decide whether any given EO is based on enforcement of existing law or not.