The executive order today by Trump is not all that it appears. It is basically a weak order. Now, let's get this out of the way. Executive Orders are no part of the US Constitution. There is nothing in the document that states the president has the right to an executive order. The so-called Executive Order is DERIVED from the powers afforded the USA Consitution. The Executive Order was begun as a method to carry out "executive" vs. "legislative" power. The president cannot legislate and it is why these executive orders are so easily challenged in court. The Executive Order is antithetical to the definition of democracy. So, the executive order needs to have a strong reason to exist or it will be defunded by Congress.
August 9, 2020
President Trump took the unusual (click here) — and highly controversial — step Saturday of attempting to provide additional economic relief to millions of Americans on his own, without the approval of Congress.
At his golf club in Bedminster, N.J., Trump announced he was postponing payroll taxes through the end of the year, extending the unemployment "bonus" at $400 per week (down from $600), helping people “stay in their homes” and waiving student debt payments through the end of 2020. The details, however, are not as generous as he made them sound.
He is ordering a payroll tax deferral, not a cut, meaning the taxes won’t be collected for a while but they will still be due at a later date. On housing, he instructs key officials to “consider” whether there should be a ban on evictions. He also insists that state governments pick up the tab for some of the unemployment aid....
The once place he could have triumphed is with an eviction moratorium throughout the country. The order fell far short of protecting the people and the order asks pretty please think about what you are doing before you do it. There is no strong language with regard to evictions.
THIS IS A NATIONAL HEALTH EMERGENCY WHEREBY SOCIETAL EXPOSURE TO EACH OTHER CAUSES INCREASES IN CASES AND DEATHS. THEREFORE, ENDING EVICTIONS BEFORE THE VIRUS WILL ONLY CAUSE GREATER SPREAD. THIS WOULD HAVE HELD UP IN COURT DUE TO THE BACKING OF THE HEALTH CARE COMMUNITY AND AUTHORITIES IN THE USA.
The United States of America is a legislated-representative democracy. The Executive Branch is to carry out the legislation/LAWS for the people. The judiciary is about upholding the law that is administered by the Executive Branch. The Executive Branch contains all the agencies of the government. Those agencies are supposed to be lead by COMPETENT people to interpret the law and write regulations based on the law.
When the regulations of the Executive Branch are out of step with the law the judiciary reins-in the wayward Executive Branch. An executive branch order be used to replace wayward regulation by the agencies and rapidly change the regulation for relief to the people.
There is no place in the USA Constitution that provides for a king that carries out his own idea of the law. So, no doubt this executive order by Trump will be met with lawsuits because there is a great deal of ambivalence in the wording.
