Executive orders in the spotlight amid nationwide protests on travel ban

1 year 7 months 2 weeks ago Thursday, February 02 2017 Feb 2, 2017 Thursday, February 02, 2017 2:11:00 PM CST February 02, 2017 in News
By: Madeline Odle, KOMU 8 Reporter
loading

COLUMBIA - President Donald Trump has been facing criticism for some of his early executive orders, as they continue to spark nationwide protests. KOMU 8 News looked deeper into executive orders and why Trump's are so controversial. 

What is an executive order? 

It is a rule issued by the president to a federal agency telling it how to use its time and resources. 

Executive orders have the force of law. However, MU Political Science professor Lael Keiser said they do not supersede laws made by Congress. 

"A president can't tell a federal agency to implement a law that's clearly against a law that's passed by Congress," Keiser said. "Laws that are passed by Congress precede any executive order." 

Executive orders also need to be constitutional, but the president does have a lot of discretion. 

"Laws often times are vague or not completely clear in how they're supposed to be implemented," Keiser said.  "Or they explicitly give the president the power in terms of discretion and how certain things should be delegated." 

What are the checks and balances on presidential executive orders? 

Executive orders can be struck down in two main ways: through Congress and the federal courts. 

Congress can always overrule an executive order by passing a law that would override that executive order. 

"A good example is the issue of torture," Keiser said. "Congress has passed a law banning torture and so a president can't order an agency to engage in enhanced interrogation techniques that are included in the law about torture." 

On the other hand, federal courts can test the constitutionality of an executive order. If a federal court finds part of an executive order unconstitutional, the federal agency it affects can no longer carry out the order.

Why is Trump's travel ban so controversial? 

Trump's executive order banning travel from seven predominantly Muslim countries has caused protests since its signing. Right now, the order is facing lawsuits in several states. 

Now federal courts have to decide whether the parts of the ban being challenged are unconstitutional. 

The first part of the argument is whether the ban wrongly impedes on the rights of those in the United States guaranteed to them in the Constitution. 

"The Constitution applies to anyone who is on U.S. soil," Keiser said. "So, some of what happened in the implementation of the ban had to do with people who were in U.S. airports and what happened to them; and the Constitution does apply to those people." 

The second part of the argument is whether the executive order violates the anti-discrimination clause of the Constitution. 

"It's not a Muslim ban, but people are worried that that's it's intent," Keiser said. "So, it's up to the courts to decide if this executive order violates existing law on the book, as well as the Constitution."

Another reason for the backlash against the travel ban is because of its hasty implementation.

"I think this one is so controversial because it had immediate effects on identifiable people," Keiser said. "It was right away, where most executive orders that presidents tend to sign, it's not like that day or that hour."

Keiser also said the executive order's far-reaching nature had a lot to do with the strong reaction.

"Its effect on individual people and families I think was just much more visible," Keiser said. "These were big effects, whether or not someone is able to get into the country when they're trying to get back home is something that directly affects people."  

 

More News

Grid
List
COLUMBIA - Bird scooters will be discussed at the Bicycle and Pedestrian Commission meeting Wednesday night. The commission will... More >>
3 hours ago Wednesday, September 19 2018 Sep 19, 2018 Wednesday, September 19, 2018 3:15:00 AM CDT September 19, 2018 in Top Stories
COLUMBIA -- The mayor of Columbia's task force on Climate Action and Adaptation planning could recommend an increase in renewable... More >>
3 hours ago Wednesday, September 19 2018 Sep 19, 2018 Wednesday, September 19, 2018 2:24:00 AM CDT September 19, 2018 in News
CALLAWAY COUNTY - Jeff Jones is living just a quarter of a mile away from a future Controlled Animal Feeding... More >>
9 hours ago Tuesday, September 18 2018 Sep 18, 2018 Tuesday, September 18, 2018 8:26:00 PM CDT September 18, 2018 in News
COLUMBIA - Assistant City Counselor Jose Caldera announced the city and Bird are talking about short-term rules regulating the rental... More >>
10 hours ago Tuesday, September 18 2018 Sep 18, 2018 Tuesday, September 18, 2018 7:25:00 PM CDT September 18, 2018 in News
COLUMBIA - Missouri Task Force One continues rescuing people, checking on others and sheltering those in need in the wake... More >>
11 hours ago Tuesday, September 18 2018 Sep 18, 2018 Tuesday, September 18, 2018 6:48:00 PM CDT September 18, 2018 in News
COLUMBIA - After volunteering at a detention center for women and children seeking asylum in the U.S., one Jefferson City... More >>
13 hours ago Tuesday, September 18 2018 Sep 18, 2018 Tuesday, September 18, 2018 5:20:00 PM CDT September 18, 2018 in News
COLUMBIA - A teenager pleaded guilty Monday in connection with a deadly 2016 shooting on Claudell Lane. Navarro Scott,... More >>
14 hours ago Tuesday, September 18 2018 Sep 18, 2018 Tuesday, September 18, 2018 3:35:11 PM CDT September 18, 2018 in News
SUNRISE BEACH - Fire Chief Dennis Reilly announced his resignation due to harassment from a board member. Reilly said... More >>
14 hours ago Tuesday, September 18 2018 Sep 18, 2018 Tuesday, September 18, 2018 3:23:00 PM CDT September 18, 2018 in News
COLUMBIA - City employees are getting a raise in this year's budget, but some say it's not enough for line... More >>
15 hours ago Tuesday, September 18 2018 Sep 18, 2018 Tuesday, September 18, 2018 3:13:00 PM CDT September 18, 2018 in News
COLUMBIA - A lawn care app launched in Columbia to connect consumers with people who want to make extra money... More >>
16 hours ago Tuesday, September 18 2018 Sep 18, 2018 Tuesday, September 18, 2018 2:16:00 PM CDT September 18, 2018 in News
JEFFERSON CITY - The Jefferson City Police Department is set to receive nine brand new police vehicles in the next... More >>
16 hours ago Tuesday, September 18 2018 Sep 18, 2018 Tuesday, September 18, 2018 1:56:00 PM CDT September 18, 2018 in News
MACON - Deputies are investigating after a member of the Missouri National Guard was shot at a training site near... More >>
16 hours ago Tuesday, September 18 2018 Sep 18, 2018 Tuesday, September 18, 2018 1:40:00 PM CDT September 18, 2018 in News
(CNN Money) -- Facebook's ad targeting system is being used by some employers to unlawfully discriminate based on gender, a... More >>
19 hours ago Tuesday, September 18 2018 Sep 18, 2018 Tuesday, September 18, 2018 11:06:05 AM CDT September 18, 2018 in News
NEOSHO (AP) — A southwest Missouri man has pleaded guilty to shooting at a sheriff's deputy during a chase. ... More >>
19 hours ago Tuesday, September 18 2018 Sep 18, 2018 Tuesday, September 18, 2018 10:41:00 AM CDT September 18, 2018 in News
COLUMBIA - A woman has been arrested on suspicion of abuse or neglect of a 4-year-old child. Police arrested... More >>
20 hours ago Tuesday, September 18 2018 Sep 18, 2018 Tuesday, September 18, 2018 10:11:00 AM CDT September 18, 2018 in News
COLUMBIA - A more than 25-year-old park shelter and playground could say goodbye soon. The replacement of those two... More >>
22 hours ago Tuesday, September 18 2018 Sep 18, 2018 Tuesday, September 18, 2018 7:52:00 AM CDT September 18, 2018 in News
JEFFERSON CITY - The Jefferson City Council approved the 2019 fiscal year budget Monday for $32,807,390.05. Mayor Carrie Tergin... More >>
1 day ago Monday, September 17 2018 Sep 17, 2018 Monday, September 17, 2018 10:13:00 PM CDT September 17, 2018 in News
FULTON - The Fulton Police Department arrested five people Monday for stealing from a Hibbett Sports store in Fulton. ... More >>
1 day ago Monday, September 17 2018 Sep 17, 2018 Monday, September 17, 2018 9:49:00 PM CDT September 17, 2018 in News
Columbia, MO
Broken Clouds 72°
7am 72°
8am 73°
9am 77°
10am 80°