Although in this clip from Breitbart and Naked Emperor News discusses signing statements and not executive orders, it’s hard not to equate the two. After all, in the context of the EO that Bart Stupak demanded, the EO goes farther than signing statements do. Barack Obama agreed yesterday essentially to violate a law that Congress was in the middle of passing — and the Democrats in Congress cheered for him to do exactly that as a means to hoodwink the last few Representatives they needed to pass the bill:
In fact, Obama has been using signing statements too, despite his ten years of teaching Constitutional law. So much for his adherence to the separation-of-powers theory. Maybe his students should ask for a refund.
More to the point, though, this EO will never have any effect. As a host of actual Constitutional authorities have already made clear, any court challenge will wind up with the government forced to obey the law Congress passed and the President signed for the same reasons Obama states in this clip. Congress makes law, not the President, and when an EO conflicts with the law, it’s the law that prevails. Otherwise, the President really does become a “monarch”, as Obama states in this clip, and Congress becomes an advisory board.
Obama knows this. The Republicans know this. Hell, even Bart Stupak knows this, but he just needed an excuse to change his vote, and everyone knows it.