by Peter M. Shane, the Jacob E. Davis and Jacob E. Davis II Chair in Law, Moritz College of Law, Ohio State University. This post first appeared on Shane Reactions.
Not being a psychiatrist, I don’t really understand why the President’s fairly modest efforts at gun policy reform seem to have utterly deranged some of his political opponents. But talk of impeachment in connection with his gun-related “executive orders” is, to put it mildly, ridiculous.
To put matters in context, it helps to understand “executive orders.” These are presidential directives – sometimes formally called “executive orders,” sometimes not – that are issued to help manage the federal government. There is no
authoritative definition of “executive orders” that distinguishes them from “presidential memorandums,” “presidential proclamations,” or – as in the case of the George W. Bush first directive on military commissions – just “orders.” The Federal Register Act lumps them together with “presidential proclamations” as documents that, with some exceptions, must be made public.
Although some news outlets reported that President Obama signed 23 executive orders relating to gun violence in America, he actually signed only three. Although they were called, “Presidential Memorandums,” two, at least, were indistinguishable from run-of-the-mill executive orders in that they applied to the heads of all executive departments and agencies. The other, addressed to a single agency, takes a form that would typically be called a “memorandum.”
Executive orders, like any other form of presidential initiative, must be rooted in some form of legal authority. Some are issued in the President’s constitutional chief executive capacity, and set forth managerial requirements for specified federal operations. Some are issued pursuant to explicit authority delegated to the President by statute, or are issued as a way of complying with obligations Congress has imposed on the President or the executive branch more generally.



libertarianism to socialism, has written off the entire political process. President Obama is a tool of Wall Street, it would not have mattered had Mitt Romney won the White House, they both represent the same interests, he would say. He scoffed at the Affordable Care Act – no public option, no expansion of health care to the needy – and at the extension of unemployment benefits that has occurred under the Obama administration’s watch. In my brother’s mind the entire system was bought by big corporations a long time ago and they pull all the strings of both major political parties. But I wasn’t all that surprised – he’s been regurgitating the late comedian
bled the judicial system.