
That violates Article I of the Constitution. Whether or not you consider DACA to be good legislation is neither here nor there – it is legislation unlawfully handed down by the Executive Branch. … That’s not how a democracy works.” But the law professor lost out to the unitary executive and, in 2012, he went ahead and did it anyway. I can’t do these things just by myself.” He was right again in March 2011 when he said, “With respect to the notion that I can just suspend deportations through executive order, that’s just not the case.” And again in May 2011, he could have been teaching a class on constitutional law when he explained “ just bypass Congress and change the (immigration) law myself. Just ask President Obama, who was correct in 2010 when he said of immigration reform, “I am president, I am not king. Even former constitutional law professors can eventually give in to the temptation of unchecked unilateral executive action, even though they know darned well they shouldn’t. The temptation of unchecked executive power is strong. When the President exceeds his authority by legislating via executive action, he violates the fundamental system of checks and balances embedded in our constitutional form of government. He can’t give himself new powers, such as the legislative powers reserved to Congress in Article I of the Constitution. The President can wield only the power he already has. Under Article II, the president’s authority to issue executive orders must come either from a power granted to him by the Constitution or by a law passed by Congress. Constitution was in many ways a reaction to the tyranny of an all-powerful monarch. Understanding those issues means understanding that the U.S. (But, with a new party in power, hold our beer…) The overuse of executive orders to bypass the legislative process implicates a whole slew of constitutional issues that apply whether there is a (D) or (R) after someone’s name. As a non-partisan organization committed to fighting abuses of civil liberties by the Administrative State, we have filed more lawsuits against Republican administrations and officials than Democratic, by a large margin. NCLA doesn’t care about “politics.” Well, we do care about politics, so it might be more accurate to say that our mission transcends partisanship.


Counting other unilateral executive actions, but excluding mostly symbolic actions like, say, declaring a National Agriculture Day, Biden issued 64 compared to 54, 41, and 20 for Trump, Obama, and Bush, respectively. As of April 29, Biden had issued 41 executive orders, more than twice the number issued by either Obama (19) or Bush (11), and two-thirds more than Trump (25).

Now, after 100 days, Biden has issued more than 100 executive orders, proclamations, memoranda, and other executive actions a display of executive unilateralism that would make even President Obama blush. In October 2020, candidate Biden explained, “ou can’t by executive order unless you’re a dictator.” Three months later, President Biden issued 29 executive actions within three days of taking office. It took Barack Obama seven years to go from “A president is not above the law” to “We’re not just going to be waiting for legislation … I’ve got a pen and I’ve got a phone.” Joe Biden did it in just three months. “You can’t legislate by executive order unless you’re a dictator.” – Joe Biden
