>> I took a cursory look and I see that he uses executive orders less often than any other president (normalized per term served).
It doesn't matter how many orders he's issued, but the overall effect of constitutionality.
>> what are the examples of his orders that are shredding the constitution?
First you have to understand what executive orders can't do. They cannot make laws and they cannot stop laws from being carried out.
- This means his executive order to delay the employer mandate - but only for certain businesses. He said he will not enforce the mandate for businesses with 50-100 employees, but will enforce it for business with more than 100 employees.
THAT is effectively writing new a law. Congress said it starts at 50, but Obama says it starts at 100. By the constitution, only congress has this power, not the POTUS.
- Another example is his changes to the DACA act to include illegals who entered the country before 2010. Again, this is not something he has the power to do. By actively not enforcing exiting laws, and then creating his own set of criteria on who can stay in the US and who cannot, he's subverted the existing immigration laws and replacing it with his own.
- Another good example is how he said that person or business that doesn't support LGBT nondiscrimination cannot receive a business contract with the government. This means if a Muslim doesn't want to bake a cake for a gay couple, the government has the right to refuse to do business with them.
I won't even start with how unconstitutional such a law would be if it was passed by congress. Considering this is already protected under the Free Exercise Clause of the first amendment which states no citizen can be required to forfeit their right to do business with the federal government.
Again, only congress has the ability pass a law like this, but Obama did so anyways.
This is the issue with his orders. It has nothing to do with how many orders he's making, it's how he's using them. Effectively creating or overriding existing laws as he sees fit - something the POTUS should not have the power to do.
I don't agree with you that number of orders is irrelevant. It at the minimum is an indicator of administration policies.
As for your examples, I am not a constitutional scholar, neither is you. Right now they are just your opinions. For instance, Free Exercise Clause does not mention right to do business with the federal government. I'll wait for SCOTUS interpretation of the clause rather than yours.
It doesn't matter how many orders he's issued, but the overall effect of constitutionality.
>> what are the examples of his orders that are shredding the constitution?
First you have to understand what executive orders can't do. They cannot make laws and they cannot stop laws from being carried out.
- This means his executive order to delay the employer mandate - but only for certain businesses. He said he will not enforce the mandate for businesses with 50-100 employees, but will enforce it for business with more than 100 employees.
THAT is effectively writing new a law. Congress said it starts at 50, but Obama says it starts at 100. By the constitution, only congress has this power, not the POTUS.
- Another example is his changes to the DACA act to include illegals who entered the country before 2010. Again, this is not something he has the power to do. By actively not enforcing exiting laws, and then creating his own set of criteria on who can stay in the US and who cannot, he's subverted the existing immigration laws and replacing it with his own.
- Another good example is how he said that person or business that doesn't support LGBT nondiscrimination cannot receive a business contract with the government. This means if a Muslim doesn't want to bake a cake for a gay couple, the government has the right to refuse to do business with them.
I won't even start with how unconstitutional such a law would be if it was passed by congress. Considering this is already protected under the Free Exercise Clause of the first amendment which states no citizen can be required to forfeit their right to do business with the federal government.
Again, only congress has the ability pass a law like this, but Obama did so anyways.
This is the issue with his orders. It has nothing to do with how many orders he's making, it's how he's using them. Effectively creating or overriding existing laws as he sees fit - something the POTUS should not have the power to do.