Obama administration executive orders
History of the executive order
Executive orders are actions taken by the president that are based out of the president's legal authority in the United States Constitution or authority delegated by the United States Congress.[1]
| “ | The U.S. Constitution does not define these presidential instruments and does not explicitly vest the President with the authority to issue them. Nonetheless, such orders are accepted as an inherent aspect of presidential power. Moreover, if they are based on appropriate authority, they have the force and effect of law.[2] | ” |
| —Congressional Research Service[1] | ||
Key orders
Same-sex couples' rights
The Obama administration gradually extended federal rights to same-sex couples after the Supreme Court’s decision in 2013 that the Defense of Marriage Act barring same-sex marriage was unconstitutional.
- In June 2014, the Labor Department announced a proposed rule that would extend protections of the Family Leave Medical Act to eligible employees in legal same-sex marriages regardless of whether they live in a state that recognizes their marriage.
- Attorney General Eric Holder announced in February 2014 that the government would allow same-sex couples to file jointly for bankruptcy and mandate that they will not be compelled to testify against each other in trial. The administration also now treats same-sex couples like married couples when it comes to filing taxes.
EPA rules
In June 2014, the Environmental Protection Agency (EPA) proposed rules that would "require power plants to cut their carbon emissions from 2005 levels by 30 percent by 2030."[3]
Automatic weapons
Legislation to impose tougher background checks on gun purchases failed in the Senate, but Obama announced 23 executive orders to combat gun violence. The orders included steps to make information about mental illness available in the federal background check system. It also expanded research into the causes of gun violence.
Veterans Affairs
On August 26, 2014, President Obama announced 19 new executive orders aimed at improving the functionality of Veterans Affairs hospitals across the country in addition to providing other benefits for veterans. The executive orders enacted programs in the following areas.[4]
- Access to quality healthcare - improved efficiency, accountability and transparency
- Mental health initiatives for veterans
- Mortgage interest rate reductions
- Student debt relief
- Improvements on the GI Bill
- Job placement programs
- Combating veteran homelessness
- Increased funding to the U.S. Department of Veterans Affairs
- Working through the disability claims backlog
Immigration
Having failed to get legislation through Congress, Obama stated on June 30, 2014, that he would use the power of the executive order to achieve his intended goals on immigration if action were not taken. He insisted, "While I will continue to push House Republicans to drop the excuses and act — and I hope their constituents will, too — America cannot wait forever for them to act."[5] On July 19, 2014, Rep. Gutierrez announced at a speech in Los Angeles, California, that he believed Obama would sign an executive order in the coming months that would grant legal status to millions of immigrants.[6]
Due to the House's continued failure to pass a bill, President Obama was expected to issue an executive order in August 2014. Possible order that would be issued included granting working visas to many illegal immigrants, easing the pressure on immigration courts, expanding the Deferred Action for Childhood Arrivals or reordering the deportation priority list.[7]
On July 31, 2014, Speaker of the House John Boehner (R-OH) claimed that if President Obama used an executive order to carry out immigration reform, he would set his "legacy of lawlessness" in stone. Boehner stated, "He’ll be sacrificing the integrity of our laws on the altar of political opportunity, and I can guarantee you the American people would hold him to account,” he told reporters. “The actions he’s threatening to take are not about policy. They’re about politics."[8]
Former U.S. Attorney General Alberto Gonzalez announced his support of Obama using an executive order to ease the border crisis on August 12, 2014, explaining, "I support the President's commitment to address this issue provided his actions are consistent with his duty under the Constitution to faithfully execute our laws." The George W. Bush appointee and immigration reform advocate pointed out his displeasure that the children were being used as political pawns, stating, "When he acts, the president should leave no doubt that while we are a compassionate nation that takes care of children, we are also a nation of laws and will enforce those laws to secure our borders."[9]
Orders delayed
President Obama announced on September 6, 2014, that he would delay any executive actions on immigration until after the November 4, 2014 elections in order to keep the issue from being politicized as a campaign issue.[10] Obama explained, "The truth of the matter is – is that the politics did shift midsummer because of that problem. I want to spend some time, even as we’re getting all our ducks in a row for the executive action, I also want to make sure that the public understands why we’re doing this, why it’s the right thing for the American people, why it’s the right thing for the American economy." The decision to delay any executive orders relating to the surge of undocumented minors in the country drew sharp criticism from Rep. Luis Gutierrez (D-IL) on the following day. Gutierrez claimed the lack of action could change the minds of latino voters, even if it did help democrats in the mid-term election. He stated, "It’s clear that playing it safe is what is going on at the White House… walking away from our values and our principles. Playing it safe might win an election … but it almost never leads to fairness, to justice and to good public policy that you can be proud of."[11]
Minimum wage
While Obama was unsuccessful in convincing Congress to raise the minimum wage, he did use executive actions to raise the wage for federal contract workers to $10.10.[12]
ACA insurance mandates
Boehner's lawsuit
Boehner revealed on July 10, 2014, that the suit would focus on the president's failure to enforce the Patient Protection and Affordable Care Act's employer health insurance mandate deadline. He claimed President Obama "changed the healthcare law without a vote of Congress, effectively creating his own law by literally waiving the employer mandate and the penalties for failing to comply with it."[13]
The law stated that businesses with over 50 employees needed to offer health benefits before the 2014 deadline or face a fine for not complying with the law. The administration delayed the deadline in July 2013 by one year and then again in February 2014 by another year, pushing the mandate deadline to 2016 for businesses between 50 and 99 employees.[14][15] Obama was asked in 2013 about the legality of the delay, to which he responded, "If Congress thinks that what I’ve done is inappropriate or wrong in some fashion, they’re free to make that case. But there’s not an action that I take that you don't have some folks in Congress who say that I'm usurping my authority.[14]
Historical context of executive order usage
While the outcomes of executive orders can vary greatly, the number of orders issued by President Obama is lower than most presidents in recent history. As of July 9, 2014, President Obama issued 182 executive orders since being elected president, which comes out to 33.58 orders per year. No president has had a number lower than that since Grover Cleveland's second term as president. George W. Bush, whose numbers were also low, averaged nearly three more orders per year at 36.38, while Bill Clinton averaged 45.50 per year. The most executive orders used in United States history was by Franklin D. Roosevelt, who averaged 290.71 per year with a grand total of 3,522 executive orders during his presidency.[16]
Recent news
This section links to a Google news search for the term President + Obama + executive + orders
See also
External links
Footnotes
- ↑ 1.0 1.1 Congressional Research Service, "Executive Orders: Issuance, Modification, and Revocation," April 16, 2014
- ↑ Note: This text is quoted verbatim from the original source. Any inconsistencies are attributable to the original source.
- ↑ The Hill, "EPA unveils landmark climate rule," accessed July 8, 2014
- ↑ The White House, "FACT SHEET: President Obama Announces New Executive Actions to Fulfill our Promises to Service Members, Veterans, and Their Families," August 26, 2014
- ↑ New York Times, "Obama Says He’ll Order Action to Aid Immigrants," June 30, 2014
- ↑ L.A. Times, "Congressman optimistic Obama will grant immigrants legal status," July 19, 2014
- ↑ Politico, "Barack Obama's immigration moves could be unstoppable," July 30, 2014
- ↑ The Hill, "Boehner: Obama will cement ‘legacy of lawlessness’ with immigration order," July 31, 2014
- ↑ The Hill, "Ex-Bush attorney general backs executive action on immigration," August 12, 2014
- ↑ Fox News, "Obama Delays Any Immigration Action Until After November Elections," September 6, 2014
- ↑ Fox News, "Rep. Gutierrez Slams Obama For 'Playing It Safe' On Immigration Reform Executive Action," September 7, 2014
- ↑ The Hill, "Obama signs order on minimum wage hike," accessed July 8, 2014
- ↑ L.A. Times, "House lawsuit over Obamacare to focus on employer mandate delay," July 10, 2014
- ↑ 14.0 14.1 The Hill, "Boehner suit targets O-care delay," July 10, 2014
- ↑ The Washington Post, "White House delays health insurance mandate for medium-size employers until 2016," February 10, 2014
- ↑ The American Presidency Project, "Executive Orders: Washington-Obama," accessed July 9, 2014
