WEBVTT - What's the deal with Executive Orders? 0:00:00.280 --> 0:00:02.920 Brought to you by the reinvented two thousand twelve Camray. 0:00:03.160 --> 0:00:07.520 It's ready. Are you welcome to stuff you should know 0:00:08.119 --> 0:00:16.319 from house Stuff Works dot com. Hey, and welcome to 0:00:16.360 --> 0:00:20.240 the podcast. I'm Josh Clark, Charles W. Chuck Bryant's warming up, 0:00:20.239 --> 0:00:24.520 getting ready to uh carry this jam out to its conclusion. 0:00:24.840 --> 0:00:28.640 I was literally stretching. I know, it's as if you know, well, 0:00:28.680 --> 0:00:32.600 I was telling everyone else, not you. Oh yeah, people 0:00:32.640 --> 0:00:35.360 out there in podcast land. Yeah, who. I was just 0:00:35.400 --> 0:00:40.919 speaking to you. How is everybody great? Need to get 0:00:41.000 --> 0:00:42.919 used to this. It's been a while, it has been, 0:00:42.920 --> 0:00:45.479 but it feels good to be back in the saddle. Yeah. 0:00:45.760 --> 0:00:49.240 My saddle still smells like me gross. Yeah, it's pretty gross, 0:00:49.360 --> 0:00:53.639 like leather and geez. Yeah, but I found it has 0:00:53.760 --> 0:00:58.240 staying power. Um to you? Doing good? Yes, In the 0:00:58.280 --> 0:01:01.720 last like six months, nothing big changed. Two weeks. It's 0:01:01.720 --> 0:01:05.080 been longer than that, Hasn't it a little vacation? Yeah? 0:01:05.440 --> 0:01:07.280 We don't need talking about that though. It was great 0:01:07.440 --> 0:01:12.360 fun California all the way way to go California, California. 0:01:13.800 --> 0:01:19.080 Isn't that Board to Death's bands song? I don't know. 0:01:19.240 --> 0:01:24.480 Jason Schwartzman, Oh yeah, sure, Yeah, was it Coconut Records. Yeah, 0:01:24.880 --> 0:01:26.520 he's had a couple of bands. I didn't recognize it 0:01:26.520 --> 0:01:28.920 when you called it Board to Death. Well, it's his 0:01:28.959 --> 0:01:32.680 new name. That's Board Death with the haircut. All right, 0:01:32.680 --> 0:01:35.680 we should get going here, Chuck. Yes, did you know 0:01:36.000 --> 0:01:39.880 that President Barack Obama is planning to take over virtually 0:01:39.920 --> 0:01:44.440 the entire U S economy and infrastructure? Uh? No, I 0:01:44.520 --> 0:01:47.320 did not know that. Yeah, well, or you Jim Powell 0:01:47.720 --> 0:01:52.760 Kato Senior Fellow and author of the book FDRs Folly 0:01:52.840 --> 0:01:56.440 Wilson's War, Bully Boy, The Triumph of Liberty. Well, those 0:01:56.480 --> 0:02:00.000 are other books. Those are books, not just the book. Um, 0:02:00.080 --> 0:02:02.880 you would have known this already because Jim Powell sent 0:02:02.960 --> 0:02:06.200 out the alert via the Cato Institute and Force Magazine. 0:02:06.240 --> 0:02:10.680 I think that Barack Obama had created this plan a 0:02:10.800 --> 0:02:16.600 temp page blueprint of for season control um of the 0:02:16.639 --> 0:02:21.679 economy of things like water, usable water, civil transportation, all 0:02:21.720 --> 0:02:26.240 forms of energy, all commodities and products, health resources like drugs, 0:02:26.240 --> 0:02:32.799 biological products, etcetera. Um under the auspices says there's an 0:02:32.800 --> 0:02:37.320 extra is in there of Executive Order one three six 0:02:37.440 --> 0:02:40.000 zero three? Is that that we can't wait thing? It's 0:02:40.040 --> 0:02:43.480 part of it, um, And and now that you bring 0:02:43.520 --> 0:02:46.120 it up, that we can't wait thing is basically this 0:02:46.200 --> 0:02:49.520 idea that um Obama is saying, I can't deal with 0:02:49.560 --> 0:02:51.680 you Congress any longer, so I'm just gonna start issuing 0:02:51.680 --> 0:02:55.280 proclamations like that. So I get the impression from Jim 0:02:55.320 --> 0:03:00.240 Powell that he he is against executive orders. In Jim rule, 0:03:00.840 --> 0:03:03.400 I can't say that that's necessarily the case, because he 0:03:03.440 --> 0:03:06.200 could be a conservative pundit, and if he is, he 0:03:06.240 --> 0:03:09.200 may just be against Obama's executive orders. One of the 0:03:09.280 --> 0:03:11.960 keys to executive orders is that you're cool with them 0:03:11.960 --> 0:03:14.240 if you're guys in the White House. But the moment 0:03:14.280 --> 0:03:16.760 another guys in the White House and starts issuing them, Oh, 0:03:16.880 --> 0:03:21.400 like this guy is falling and like Nazism is rising again, 0:03:21.520 --> 0:03:24.960 and it's just bad, you know. But it is true. 0:03:25.200 --> 0:03:29.040 Obama did issue this very sweeping proclamation. Now this isn't 0:03:29.040 --> 0:03:33.200 just on a Tuesday. It's supposedly a preparedness plans called 0:03:33.240 --> 0:03:38.920 the National Defense Resources Preparedness Executive Order. UM, so there's 0:03:38.920 --> 0:03:41.560 an emergency that has to trigger this, and it doesn't 0:03:41.600 --> 0:03:44.000 even necessarily it won't be triggered. But the point is 0:03:44.160 --> 0:03:48.920 Obama can issue a proclamation proclamation like that, and as 0:03:48.960 --> 0:03:51.640 it stands right now, it is law because it's an 0:03:51.640 --> 0:03:55.760 executive order, and we're about to talk about those. So 0:03:55.840 --> 0:03:59.440 this whole mystery, this whole mystery intro is going to 0:03:59.480 --> 0:04:02.960 be explained in the next stroke of the pen. Law 0:04:02.960 --> 0:04:07.560 of the land. Kind of cool. Paul Paul Bagala said 0:04:07.600 --> 0:04:09.760 that he was a Clinton advisor. He was, and that 0:04:09.800 --> 0:04:13.640 pretty much sums up what the in a broad stroke, 0:04:13.720 --> 0:04:17.640 what an executive order is. Um, it's a directive. Marriam 0:04:17.680 --> 0:04:21.479 Webster defines it. It's not true. Whoever wrote this article 0:04:21.520 --> 0:04:27.400 defines it as a directive hand fresh too? Man? Oh 0:04:27.520 --> 0:04:30.039 is it? It's pretty nice he's citing stuff from like March. 0:04:30.200 --> 0:04:34.120 It is fresh. Yeah. Uh, directive handed down directly from 0:04:34.120 --> 0:04:36.000 a president or governor because it's gonna have on the 0:04:36.040 --> 0:04:39.640 state level without input from the legislative or judicial branches. 0:04:39.680 --> 0:04:43.200 And that's basically it. It's like, I'm the president and 0:04:43.600 --> 0:04:47.640 for whatever reason, I want to sign something into law 0:04:47.760 --> 0:04:51.080 and not ask anybody else, right, And usually the reason 0:04:51.160 --> 0:04:55.760 why is because either there's an emergency and Congress is 0:04:55.800 --> 0:05:00.440 stay out of not in session, yeah, um, or Congress 0:05:00.480 --> 0:05:03.960 would not necessarily agree with it yea, or or just 0:05:04.560 --> 0:05:08.320 is taking an action period. But that's where we get 0:05:08.360 --> 0:05:11.680 to the ticklish part about executive orders is there is 0:05:11.720 --> 0:05:16.480 a very clear flow of responsibility and in the federal government, 0:05:16.760 --> 0:05:20.400 Congress is elected to make the laws and the executive 0:05:20.400 --> 0:05:23.160 branch is there to carry out the laws. That's right 0:05:23.360 --> 0:05:27.640 with an executive order, the executive branch is making the law. Yeah, 0:05:27.720 --> 0:05:31.560 and the presidents do this um even though the Constitution 0:05:31.600 --> 0:05:35.240 doesn't say you can. Well, yeah, but they sort of 0:05:35.320 --> 0:05:39.120 like hide behind the constitution under the following statements from 0:05:39.200 --> 0:05:42.360 Article to executive power shall be vested in the President 0:05:42.400 --> 0:05:45.240 of the United States. Okay, so they're saying like, hey, dude, 0:05:45.279 --> 0:05:48.160 you can't seeing the constitution, I got power. I don't 0:05:48.200 --> 0:05:50.680 have power. He or she he's getting on when you're 0:05:50.680 --> 0:05:54.080 listening to this podcast, this could be the future. The 0:05:54.120 --> 0:05:56.080 president shall be commander in chief of the Army and 0:05:56.160 --> 0:05:58.760 Navy the United States. He or she could say, well, 0:05:58.800 --> 0:06:00.680 how am I supposed to do anything? Commander in chief 0:06:00.760 --> 0:06:04.200 Army maybe, but can't even sign a law? Right? Well. Plus, 0:06:04.279 --> 0:06:09.000 also you use that um because they use executive orders 0:06:09.000 --> 0:06:11.640 to direct the movements of the military sometimes. Yeah, well, 0:06:11.640 --> 0:06:14.920 times of awards when it's heavily used. Uh. And then 0:06:15.000 --> 0:06:18.279 finally he should take care uh that the laws be 0:06:18.320 --> 0:06:21.640 faithfully executed. Obviously that should be here. She well, it 0:06:21.720 --> 0:06:24.360 is under our ideas of Yeah, but we didn't write 0:06:24.360 --> 0:06:27.680 a constitution. No, we wrote a constitution. Somebody needs to 0:06:27.680 --> 0:06:33.200 get in just doing those little arrows and should do that. Um. 0:06:33.240 --> 0:06:35.080 So that's pretty much the long and short of it, 0:06:35.440 --> 0:06:40.360 and that's why it's allowed to go on since George Washington, 0:06:40.480 --> 0:06:44.200 since Numero uno, every single president. That's the thing with 0:06:44.279 --> 0:06:47.520 executive orders. You don't like executive orders, just wait because 0:06:47.520 --> 0:06:49.799 eventually a president that you like is going to start 0:06:49.800 --> 0:06:52.760 issuing him. Every single president that we've ever had has 0:06:52.839 --> 0:06:57.880 issued executive orders. I think George Washington's um, I think 0:06:57.880 --> 0:07:01.680 he issued eight total. So it started out slow. Now 0:07:01.680 --> 0:07:04.960 we're up, like President's issued the thousands. FDR who had 0:07:05.000 --> 0:07:08.400 the you know, the three term presidency, he issued like 0:07:08.920 --> 0:07:15.680 three thousands, something like thirty. That's a lot. But every 0:07:15.680 --> 0:07:20.240 single president has issued them. Yeah, I guess in Washington's case, 0:07:20.280 --> 0:07:22.640 if we want to go over a little history here, uh, 0:07:22.680 --> 0:07:26.320 in April seventeen ninety three, almost in nineteen seventy three, 0:07:26.720 --> 0:07:28.640 that would have been a pretty hip George Washington. That 0:07:28.640 --> 0:07:32.800 would have been Nixon, Yeah, which was a very hip. Well, 0:07:32.840 --> 0:07:35.920 everybody referred to Nixon as like the direct heir of 0:07:36.040 --> 0:07:39.400 George Washington. He was probably he's they two were tied 0:07:39.440 --> 0:07:42.200 for first as our greatest president. Nixon says that at 0:07:42.240 --> 0:07:47.360 least um he uh, yeah, he instructed officers sedtal officers 0:07:47.400 --> 0:07:50.400 to prosecute anyone getting in the way of the war 0:07:50.560 --> 0:07:53.200 with France. He's like, you can't do that if you're 0:07:53.200 --> 0:07:56.160 getting in the way. Congress is out of session. Let 0:07:56.160 --> 0:07:57.920 me just go ahead and make this a lot that. Well, 0:07:57.920 --> 0:08:00.560 that was the war between England and Frances. Do not 0:08:00.640 --> 0:08:03.120 get involved with US and France. Well, just the war 0:08:03.200 --> 0:08:06.040 with France. But yeah, it was between England and France, 0:08:06.080 --> 0:08:09.320 and like, you know, hey, the America is not getting involved, 0:08:09.360 --> 0:08:13.120 and if you do, go to jail, it's on your head. Yeah, exactly. 0:08:13.640 --> 0:08:18.200 And then Lincoln followed, um, Congress is out of session again. 0:08:18.240 --> 0:08:20.960 So it sounds like it began early on in a 0:08:21.040 --> 0:08:24.240 more like legitimate form. Yeah. It was also a time 0:08:24.280 --> 0:08:28.320 where like Congress got to the job by behind a horse, 0:08:29.160 --> 0:08:32.480 so things took time. Congress isn't here yet, right exactly. 0:08:32.600 --> 0:08:34.880 Congress is on the way. But there's a big problem, 0:08:34.960 --> 0:08:38.040 so you know. And in Lincoln's case, one of his 0:08:38.120 --> 0:08:41.520 problems was on the eve of the Civil War, Um, 0:08:41.600 --> 0:08:44.199 these militias were getting out of control. One of them 0:08:44.559 --> 0:08:48.400 was run by a guy named John Merriman, and he said, 0:08:48.440 --> 0:08:50.920 you know what blocked that guy up? Well, he's dangerous. 0:08:51.080 --> 0:08:54.199 Right here. They were state militia's, well, militias that were 0:08:54.240 --> 0:08:56.840 supposedly like, well, we're from the Carolina, so were the 0:08:56.840 --> 0:09:00.079 Carolina militia. But really they were militias. Um. Generally, the 0:09:00.120 --> 0:09:04.040 Confederate militias were attacking federal troops and Merriman was like 0:09:04.120 --> 0:09:07.559 probably the biggest revel leader at the time, so he 0:09:07.640 --> 0:09:10.839 locked him up. And Merriman's lawyers were like, hey, dude, 0:09:10.880 --> 0:09:13.800 have you ever heard of habeas corpus? And like he goes, 0:09:13.840 --> 0:09:16.000 you know what, that's sticky. How can I get around that? 0:09:16.120 --> 0:09:20.280 Oh yeah, I'm suspending John Merriman's right to habeas corpus. 0:09:20.400 --> 0:09:22.920 And I'm Abraham Lincoln. If you haven't noticed, check out 0:09:22.960 --> 0:09:25.720 the Beard. I'm a vampire hunter. I'm Daniel de Lewis. 0:09:25.760 --> 0:09:29.720 I can't wait to see that movie. Ah me too. Um, 0:09:29.800 --> 0:09:31.679 it was funny. The preview came on the other night 0:09:31.679 --> 0:09:35.080 and Emily thought it was the Daniel de Lewis Spielberg project, 0:09:35.600 --> 0:09:38.640 and then it started breaking out into vampire stuff. She's like, 0:09:38.640 --> 0:09:43.840 what is going on? A really strange turn? Um, which 0:09:43.840 --> 0:09:46.920 is the idea? I think? So he suspended Habeas corpus. 0:09:47.000 --> 0:09:49.800 Um explained it to Congress and they said, you know what, 0:09:50.400 --> 0:09:52.400 that's probably a pretty good idea in certain cases, so 0:09:52.440 --> 0:09:55.000 let's pass the Habeas Corpus Act to allow you to 0:09:55.040 --> 0:09:57.800 do this. Yeah, which is a big deal. And didn't it. 0:09:57.800 --> 0:10:00.480 It took years and years before anybody ever went back 0:10:00.520 --> 0:10:03.320 and repealed it, right, I don't know. It seemed like 0:10:03.360 --> 0:10:05.520 it was a while. We talked about it before in 0:10:06.080 --> 0:10:08.200 Corpus podcast. Yeah, I can't remember which one it was. 0:10:08.240 --> 0:10:12.920 Maybe pardons presidential pardons that actually, so that was not 0:10:13.000 --> 0:10:19.520 the first executive order, but that is executive order one. Yeah. 0:10:19.520 --> 0:10:22.880 In the nineteen hundreds, the State Department started numbering them 0:10:22.920 --> 0:10:25.760 retroactively and they went back to Lincoln's Habeas corpus and 0:10:26.760 --> 0:10:28.320 I don't know if they knew it was the first one, 0:10:28.360 --> 0:10:31.120 I don't know, But then I think and then the 0:10:31.320 --> 0:10:35.840 sixties nineteen sixty two, these things started being published in 0:10:35.880 --> 0:10:39.400 the Federal Register, the Daily Publication of New Laws, and 0:10:39.720 --> 0:10:45.079 you know office goings on um around Washington, and uh 0:10:45.360 --> 0:10:47.760 now it's like once it's published in the Federal Register, 0:10:47.840 --> 0:10:52.800 its law, and they're numbered. Teddy Roosevelt, he was big 0:10:52.840 --> 0:10:54.280 on him. He was the first one that really kind 0:10:54.280 --> 0:10:56.280 of went haywire. He was the first one to crack 0:10:56.320 --> 0:11:00.640 a thousand. That's right. Those Roosevelt love big government. They 0:11:00.640 --> 0:11:04.079 weren't related, though, were they They were like eight cousins. Oh, 0:11:04.080 --> 0:11:06.760 I don't think I knew that. Wow, look at you 0:11:06.840 --> 0:11:12.439 teaching me presidential history. It's like my my forte Is 0:11:12.480 --> 0:11:15.880 it okay? Because it's certainly not mine? Uh So, Yeah, 0:11:15.880 --> 0:11:21.040 Teddy Roosevelt was pretty He wielded a heavy stick. Um, 0:11:21.080 --> 0:11:24.160 and then f DR just went berserker in World War 0:11:24.200 --> 0:11:28.240 one and two. Teddy spoke softly but carried a big stick. 0:11:28.640 --> 0:11:30.840 Yeah that's the term. Or was the FDR that said that. 0:11:31.000 --> 0:11:33.120 I didn't mean we did a big heavy stick? Was 0:11:33.160 --> 0:11:35.960 the term? I was just saying. I was making a 0:11:36.000 --> 0:11:38.120 play on that. No, I know, okay, but I can't 0:11:38.160 --> 0:11:40.079 remember if it was Teddy or FDR that said that. 0:11:40.280 --> 0:11:43.080 I think it was Teddy. Okay, yeah, walk tall and 0:11:43.160 --> 0:11:49.040 carry big sticks. You're thinking of Joe Don Baker. Alright, 0:11:49.160 --> 0:11:53.200 moving on, Yeah, where are we now? We are in 0:11:53.240 --> 0:11:56.199 World War One and World War Two? When Congress said, 0:11:56.240 --> 0:11:58.680 you know what, it's okay f DR because there's a 0:11:58.679 --> 0:12:01.120 lot going on. Well not just that between world from 0:12:01.160 --> 0:12:03.960 World War One the depression in World War two, it 0:12:04.080 --> 0:12:09.880 was like it was Boogie fever on on executive orders. Yeah, 0:12:09.880 --> 0:12:12.760 he had no idea. On his first day in office, 0:12:12.920 --> 0:12:15.360 he closed the banks for four days. Yeah, which is 0:12:15.360 --> 0:12:19.280 actually pretty cool considering that he platformed on this New 0:12:19.360 --> 0:12:22.280 Deal and the first thing he did was issue an 0:12:22.280 --> 0:12:25.080 executive orders starting the new Deal. It's like hitting the 0:12:25.120 --> 0:12:30.559 ground running for three terms. Yeah, that's true. Yeah, hats 0:12:30.559 --> 0:12:33.800 off to him. Agree. So that was the first of 0:12:34.440 --> 0:12:39.880 thirty two. You said, And the reason why FDR was 0:12:39.920 --> 0:12:44.640 able to issue so many are well, there's several reasons. Um, 0:12:44.760 --> 0:12:47.400 he was popular, he had a lot of crises to 0:12:47.480 --> 0:12:52.160 deal with, and um, well that's pretty much it. So 0:12:52.320 --> 0:12:56.360 he he was definitely a believer in centralized power. But 0:12:56.440 --> 0:12:58.959 again that kind of flies in the face of the 0:12:59.520 --> 0:13:05.120 division of power in federal government as sketched out by 0:13:05.120 --> 0:13:13.760 the constitution, right. Um, So not all executive orders are happy, 0:13:13.880 --> 0:13:19.439 happily received, or even grudgingly received. Some are just outright rejected. 0:13:20.160 --> 0:13:22.880 And some presidents weren't as popular, which might have had 0:13:22.880 --> 0:13:24.600 a little something to do with that exactly. So you've 0:13:24.600 --> 0:13:28.440 got Roosevelt seting this president thirty five fifty two executive orders. 0:13:28.679 --> 0:13:31.200 You know they stand. He was doing things like season 0:13:31.320 --> 0:13:36.240 control of minds of industries. Um. He's set up like 0:13:36.320 --> 0:13:40.679 cartels for um, everything from like garment industries to the 0:13:40.679 --> 0:13:46.160 theater industry. He he created the Works Projects Administration, which 0:13:46.200 --> 0:13:49.040 is like we have murals around the country and a 0:13:49.080 --> 0:13:52.240 bunch of orchestras and a lot of parks and everything 0:13:52.520 --> 0:13:55.480 because he'd put people to work in the depression through 0:13:55.520 --> 0:14:01.520 government spending. Right. Interesting like straight up Kanzie and economics. Um. 0:14:01.559 --> 0:14:04.360 But he did all of this through executive orders. I 0:14:04.400 --> 0:14:07.480 wonder if the National Parks stuff was executive orders from 0:14:07.480 --> 0:14:10.439 my Teddy. I don't wonder too. I bet that went 0:14:10.440 --> 0:14:13.720 through Congress maybe, so. I don't think Teddy liked talking 0:14:13.720 --> 0:14:17.160 to Congress. He just liked that big stick. But the 0:14:17.200 --> 0:14:21.640 point is Roosevelt, the second FDR, set this huge precedent 0:14:21.760 --> 0:14:24.240 that made it look like, okay, well, presidents have a 0:14:24.240 --> 0:14:26.480 lot more power. Apparently America is cool with this. So 0:14:26.520 --> 0:14:28.960 Harry Truman comes along and finds out the hard way 0:14:29.000 --> 0:14:32.560 that that's not necessarily the case. Yeah. Um. He sort 0:14:32.600 --> 0:14:35.040 of pulled a similar move to FDR as far as 0:14:35.080 --> 0:14:39.600 wanting to take control of the steel industry. Um. During 0:14:39.640 --> 0:14:42.920 the Korean War, they they regulated the price of steel 0:14:42.920 --> 0:14:45.280 and fixed it at a I guess a cheap rate 0:14:45.720 --> 0:14:49.160 to help out, you know, Uncle Sam, Donald Douglas and 0:14:49.240 --> 0:14:52.480 mcdhal douglas. And then that was great, except for the 0:14:52.480 --> 0:14:56.160 workers all of a sudden weren't getting paid like they 0:14:56.200 --> 0:15:00.280 normally do because we're gonna go and strike exactly. And 0:15:00.400 --> 0:15:02.880 Truman was like, hey, we're in the middle of a war. 0:15:02.960 --> 0:15:04.840 And they said, we don't care. And he goes, oh, yeah, well, 0:15:04.920 --> 0:15:07.160 let me send in some ringers to see what happens. 0:15:07.600 --> 0:15:11.920 That's right. And they said, you know what, Ah, talk 0:15:12.000 --> 0:15:15.880 to these guys the Federal Mediation and Conciliation Service, maybe 0:15:15.920 --> 0:15:17.960 you can strike up a bargain. And they went, screw 0:15:18.040 --> 0:15:20.240 you guys. And he said, all right, we'll talk to 0:15:20.280 --> 0:15:23.200 these guys, the Federal Wage Stabilization Board, and they went, 0:15:23.280 --> 0:15:27.440 screw you guys, and he went, well, if you're gonna 0:15:27.440 --> 0:15:29.040 go and strike, why don't I just seise control of 0:15:29.080 --> 0:15:32.680 your factories on the night before. Here's the thing, though, 0:15:33.160 --> 0:15:38.040 there's a provision in UM and I guess federal law 0:15:38.280 --> 0:15:41.920 called the Taft Hartley Act UM, that says, if there's 0:15:41.960 --> 0:15:44.920 a big strike that's going to affect like national security, 0:15:44.960 --> 0:15:48.080 there's like the nation has interests in a strike not happening. 0:15:48.640 --> 0:15:52.040 The UM, the President and or Congress can call I 0:15:52.080 --> 0:15:54.920 think maybe just the president can call upon the Taft 0:15:54.960 --> 0:15:57.720 Hartley Act that and invoke the sixty day cooling off 0:15:57.760 --> 0:16:01.160 period where it's like, no, you have to go to work, 0:16:01.600 --> 0:16:03.880 you have to you guys have to go back to 0:16:03.920 --> 0:16:07.320 the table for sixty days, right and figure this out, 0:16:08.080 --> 0:16:10.320 or give us sixty days to figure get our ducks 0:16:10.320 --> 0:16:12.640 in a row. He didn't do that. He just sees control. 0:16:13.040 --> 0:16:15.800 And that being all, combined with the fact that he 0:16:15.840 --> 0:16:21.520 wasn't very popular UM, led to this executive order of 0:16:21.600 --> 0:16:24.760 his being overturned by the Supreme Court. Yeah, led to 0:16:25.160 --> 0:16:29.520 the steel mills basically sued UH in the famous case 0:16:29.600 --> 0:16:33.960 Youngstown Sheet and Tube, the Sawyer the Youngest Town ruling 0:16:34.240 --> 0:16:36.560 and UM Supreme Court said, yeah, you know what you 0:16:36.600 --> 0:16:39.400 should have done this sixty day cooling off period. That's 0:16:39.400 --> 0:16:42.840 why it's they're dummy, right. I don't think him dummy. 0:16:42.880 --> 0:16:45.240 He didn't. But Hugo Black, who is the Chief Justice 0:16:45.280 --> 0:16:47.680 at the time, was apparently worried that he defended Truman, 0:16:47.760 --> 0:16:51.000 so he invited him over for dinner, and Truman said, 0:16:51.160 --> 0:16:55.920 quote Hugo, I don't care for that law of yours, 0:16:56.400 --> 0:16:59.600 but by golly, this bourbon is good. Did he really 0:16:59.640 --> 0:17:04.920 say that that's awesome? By golly? Whenever they were drinking bourbon? Yeah, 0:17:04.960 --> 0:17:08.040 but I wonder which bourbon. I wondered that myself. What 0:17:08.080 --> 0:17:10.200 do you what do you guess? I don't know, Okay, 0:17:10.880 --> 0:17:14.800 I don't know what they drank back then. Yeah, bourbon wise? 0:17:15.520 --> 0:17:20.560 Um so uh. Youngstown was huge though, because it established 0:17:20.560 --> 0:17:25.639 some standards as far as the powers of authority that 0:17:25.760 --> 0:17:27.440 the president, and they kind of broke it down into 0:17:27.480 --> 0:17:29.760 three right. Yeah. They didn't just say no, they said, 0:17:29.960 --> 0:17:33.360 here's some guidelines for you and future presidents as far 0:17:33.359 --> 0:17:36.520 as the Supreme Court is concerned. You have the most 0:17:36.560 --> 0:17:41.399 authority Mr President or Mrs President when you have the 0:17:41.480 --> 0:17:43.879 express or implied consent of Congress and you know what 0:17:43.920 --> 0:17:45.960 I think. Also, I feel like, if if this thing 0:17:46.320 --> 0:17:49.240 sticks around, if this digital recording can stick around long enough, 0:17:49.280 --> 0:17:54.600 maybe we should include gender gender neutral president as well. Okay, okay, okay, okay, 0:17:55.480 --> 0:18:00.359 number two, Mr Mrs Gender neutral President number one, just 0:18:00.400 --> 0:18:03.200 to make sure that there's an inclusion number one, Mr 0:18:03.280 --> 0:18:07.280 President or Mrs President or gender neutral president. Uh, you 0:18:07.320 --> 0:18:10.560 have the most authority when Congress um has expressed or 0:18:10.560 --> 0:18:14.200 implied consent. They've given that to you. Right, they're saying, 0:18:14.280 --> 0:18:18.159 lead away, We're we're following you. Number two, you have 0:18:18.200 --> 0:18:21.120 a little less authority. We'll call it uncertain authority when 0:18:21.160 --> 0:18:25.359 Congress has not imposed the authority because they're indifferent or 0:18:25.400 --> 0:18:28.760 did they're just not doing anything. Uh. And they call 0:18:28.800 --> 0:18:31.920 it a zone of twilight that the president takes advantage of. Yeah, 0:18:31.920 --> 0:18:35.720 it's like Congress is waffling. The president knows what he 0:18:35.960 --> 0:18:41.080 she or whatever um gender neutral assignment that the president's 0:18:41.119 --> 0:18:43.679 picked wants. And I think isn't this probably when they 0:18:43.720 --> 0:18:46.800 sneak him in at the end. It depends. Um. I 0:18:46.840 --> 0:18:49.000 think it's also more just like you guys had your 0:18:49.040 --> 0:18:52.760 chance to act, right, Um, I acted because you missed 0:18:52.760 --> 0:18:56.000 your opportunity, and so sit down and shut up, and 0:18:56.040 --> 0:19:00.159 Congress basically says, all right, fine, so is that we 0:19:00.240 --> 0:19:03.680 can't wait a thing with that fall under that it depends. 0:19:03.720 --> 0:19:07.439 So I think that it's like the way that this 0:19:07.680 --> 0:19:10.879 justice put this, that this is how this is the authority, 0:19:11.000 --> 0:19:14.359 the division, the levels of authority. The president has supreme 0:19:14.359 --> 0:19:16.760 authority to issue an executive order. Whether or not it 0:19:16.880 --> 0:19:20.080 stands up is based on the test of time because 0:19:20.080 --> 0:19:22.880 you can repeal it, right, it just takes a little time. Right, Well, 0:19:22.880 --> 0:19:26.520 there's some different ways to do it. Um. The first 0:19:26.600 --> 0:19:28.560 we just saw or what not the first, but one 0:19:28.600 --> 0:19:30.320 of them we just saw. It was a clear example 0:19:30.359 --> 0:19:33.320 of judicial review. Right, that's what the Supreme Court does. 0:19:33.480 --> 0:19:37.520 They're like a a supposedly an unbiased, neutral group of 0:19:37.560 --> 0:19:43.159 referees where the federal or the um legislative branch or 0:19:43.240 --> 0:19:45.800 the people say, hey, can we get a judgment call 0:19:45.880 --> 0:19:48.520 on this law? This seems wrong? And then the Supreme 0:19:48.520 --> 0:19:50.320 Court says, yeah, you're in a And then what they 0:19:50.320 --> 0:19:54.879 say basically is like the final ruling on a law. Okay, 0:19:55.160 --> 0:19:59.119 executive order. Since they have the force of law or 0:19:59.160 --> 0:20:02.639 the effective law. Um, they're subject to the same scrutiny 0:20:02.760 --> 0:20:07.159 judicial review. Well, in Youngstown. The Supreme Court said, Truman, 0:20:07.200 --> 0:20:09.320 you can't do that. So that's one way that an 0:20:09.320 --> 0:20:12.720 executive order can be overturned. Another way is Congress can say, 0:20:13.119 --> 0:20:15.920 you know what, we just really disagree with you, and 0:20:15.960 --> 0:20:18.679 we're going to rewrite the legislation that you're talking about, 0:20:19.200 --> 0:20:22.639 but it has to be ratified by Congress, which means 0:20:22.680 --> 0:20:25.719 the president has the chance to veto it. Gotcha. So 0:20:25.840 --> 0:20:28.040 if you have a really angry Congress and a really 0:20:28.080 --> 0:20:31.760 angry president, really polarized, they may go at it and 0:20:31.800 --> 0:20:37.760 the president may be able to override this with the veto. Lately, yeah, 0:20:38.040 --> 0:20:41.160 it's very polarized. So like what Obama is doing now, 0:20:41.240 --> 0:20:43.520 it's like, we can't wait. He's trying to frame it 0:20:43.560 --> 0:20:47.720 like it's Congress's fault. And then if Congress is feeling froggy, 0:20:47.760 --> 0:20:51.320 they may they may issue legislation that says it. So 0:20:51.359 --> 0:20:53.840 there's this one where UM George Bush set up an 0:20:53.920 --> 0:20:58.399 executive order about um fetal tissue stem cell banks. I 0:20:58.400 --> 0:21:02.280 don't remember exactly what it was, but the Congress um 0:21:02.400 --> 0:21:07.000 they they basically said, um, quote the provisions of Executive 0:21:07.080 --> 0:21:10.199 Order one to Z six, you'll not have any legal effect, 0:21:10.320 --> 0:21:13.760 and that was it, but all that since there's no 0:21:13.920 --> 0:21:19.600 rules for this, Chuck, there's no this. This is all interpretation, Bushead. 0:21:19.640 --> 0:21:21.679 The balls is back in Bush's court. So all it 0:21:21.760 --> 0:21:25.879 is is legislative tennis between the executive branch and the 0:21:25.960 --> 0:21:28.840 legislative branch. So how far do you want to take it? 0:21:29.480 --> 0:21:34.760 Ping pong? And then also one more thing, the legislative branch, 0:21:35.040 --> 0:21:39.440 Congress can just say, well, that's fine, use your executive 0:21:39.520 --> 0:21:42.679 order to create this new position. We have appropriation, so 0:21:42.720 --> 0:21:44.240 we're just not going to give any money to it. 0:21:44.400 --> 0:21:46.600 If you find somebody who will do that position, you 0:21:46.600 --> 0:21:48.680 still got to get the funding if it's something requires funding. 0:21:48.720 --> 0:21:50.520 So those are the ways you get around executive words. 0:21:50.720 --> 0:21:54.000 Or a future president can turn around and provoke it, 0:21:54.520 --> 0:21:57.040 which happens all the time or pretty much every time 0:21:57.119 --> 0:22:00.720 and the president takes office. Um, thank you for that. 0:22:00.880 --> 0:22:04.520 Of course. By the way, you forgot the one court 0:22:04.600 --> 0:22:08.920 above the Supreme Court. What the Star Chamber? What is that? 0:22:09.280 --> 0:22:11.200 You never saw that movie? No? What is that? That 0:22:11.359 --> 0:22:13.800 was Michael Douglas. There was a secret group of judges 0:22:13.840 --> 0:22:15.880 that would get together called the Star Chamber, that would 0:22:16.480 --> 0:22:20.919 carry out vigilante justice. What movie is that? The Star chamber. 0:22:21.000 --> 0:22:29.680 Oh no, I not eighties. It sounds like two gusters there, 0:22:29.760 --> 0:22:32.880 all right. So the final way is the least authority, 0:22:33.200 --> 0:22:35.199 and the president acts on least authority when he has 0:22:35.240 --> 0:22:38.960 an executive order that is uh, just incompatible with what 0:22:39.000 --> 0:22:43.160 Congress wants, right, which happens all the time as well. 0:22:43.200 --> 0:22:47.960 But again, ultimately, how what how powerful does Congress feel like? Say, 0:22:48.000 --> 0:22:50.679 Congress really hates that, but the people are really in 0:22:50.720 --> 0:22:55.960 favor of it. Will Congress act? Who knows? I've lost 0:22:56.000 --> 0:22:58.640 a lot of faith in the political system, my friend. Yeah, 0:22:58.800 --> 0:23:01.800 I say, kind of politan what they want to do 0:23:01.880 --> 0:23:06.040 and not necessarily what the people want. Yeah, behind the 0:23:06.080 --> 0:23:08.320 banner of this is what the people want. That's a 0:23:08.359 --> 0:23:13.160 pretty twenty one century view of American politics. It feels like, yeah, sad, 0:23:13.640 --> 0:23:16.360 too much money going on. We're gonna do it one 0:23:16.359 --> 0:23:18.359 on campaign finance. I said it, We're gonna do it. 0:23:19.080 --> 0:23:21.680 And that will really tell you how kind of dirty 0:23:21.720 --> 0:23:25.800 it is these days. Um, So let's talk about some 0:23:26.320 --> 0:23:32.320 controversies in modern day executive orders. For instance, Ronald Reagan. 0:23:32.920 --> 0:23:34.840 If you were a fan of President Reagan, you don't 0:23:34.840 --> 0:23:38.320 think it's controversial that he really took hold of the 0:23:38.359 --> 0:23:42.200 economic situation and stripped a lot of the government regulation 0:23:42.480 --> 0:23:46.520 that he thought was was hampering growth. People that didn't 0:23:46.560 --> 0:23:48.160 like President Reagan, but I didn't think that was such 0:23:48.160 --> 0:23:50.920