1952 Presidential Executive Action

Currently I am reading the book, Obama’s Enforcer: Eric Holder’s Justice Department. Pretty good so far but stumbled upon some historical context of regulation and thoughts from Supreme Court Justice Robert Jackson.

The president’s authority to issue executive orders is strongest when he does so with the backing of Congress (category one), more dubious when he issues an order pertaining to a topic on which Congress has not passed a law (category two), and weakest when the executive order is “incompatible with congressional command” (category three).

President Obama recently said he is about to go “on his own” and Congressman Boehner is threatening litigation. Many in media defending Obama by saying Congress won’t work with him. Maybe reading the above should give you pause in wondering why they won’t and if the President needs to take a breather.