Executive orders in the spotlight amid nationwide protests on travel ban

4 months 3 weeks 2 days ago February 02, 2017 Feb 2, 2017 Thursday, February 02 2017 Thursday, February 02, 2017 2:11:00 PM CST 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 - As construction continues in the downtown area, workers are finding it difficult to be around. "It's making... More >>
9 hours ago June 27, 2017 Jun 27, 2017 Tuesday, June 27 2017 Tuesday, June 27, 2017 7:57:00 PM CDT in News
COLUMBIA -The City of Columbia Public Works Department held an informal open house Tuesday, giving people a chance to ask... More >>
10 hours ago June 27, 2017 Jun 27, 2017 Tuesday, June 27 2017 Tuesday, June 27, 2017 7:38:00 PM CDT in News
BOONE COUNTY - The Boone County Sheriff’s Department is investigating four burglaries this month in the Elm Tree area. Homes... More >>
10 hours ago June 27, 2017 Jun 27, 2017 Tuesday, June 27 2017 Tuesday, June 27, 2017 7:13:00 PM CDT in News
JEFFERSON CITY (AP) — Th e Missouri Supreme Court says it's constitutional to commit sex offenders to secure confinement after... More >>
12 hours ago June 27, 2017 Jun 27, 2017 Tuesday, June 27 2017 Tuesday, June 27, 2017 5:23:00 PM CDT in News
BOONE COUNTY - Sheriff's detectives arrested a 20-year-old Jefferson City woman Tuesday in connection with a shooting that wounded two... More >>
12 hours ago June 27, 2017 Jun 27, 2017 Tuesday, June 27 2017 Tuesday, June 27, 2017 5:04:00 PM CDT in News
JEFFERSON CITY (AP) — Missouri appellate judges are reinstating descriptions of initiative petitions against right to work laws that were... More >>
12 hours ago June 27, 2017 Jun 27, 2017 Tuesday, June 27 2017 Tuesday, June 27, 2017 4:50:02 PM CDT in News
JEFFERSON CITY - The "21st Century Missouri Transportation System Task Force" will meet for the first time Wednesday afternoon at... More >>
13 hours ago June 27, 2017 Jun 27, 2017 Tuesday, June 27 2017 Tuesday, June 27, 2017 4:35:00 PM CDT in News
MONETT (AP) — A substitute teacher in southwe st Missouri has been ch arged with having sexual contact with a... More >>
13 hours ago June 27, 2017 Jun 27, 2017 Tuesday, June 27 2017 Tuesday, June 27, 2017 4:30:41 PM CDT in News
CALLAWAY COUNTY – A proposed port in Jefferson City is one step closer to becoming a reality. The Callaway... More >>
13 hours ago June 27, 2017 Jun 27, 2017 Tuesday, June 27 2017 Tuesday, June 27, 2017 4:22:00 PM CDT in News
JEFFERSON CITY - NAACP supporters rallied at the state Capitol to ask Missouri Gov. Eric Greitens not to sign the... More >>
13 hours ago June 27, 2017 Jun 27, 2017 Tuesday, June 27 2017 Tuesday, June 27, 2017 3:58:00 PM CDT in News
COLUMBIA - The Missouri Foundation for Health has awarded $700,000 toward the planning, construction and programming of the planned agriculture... More >>
14 hours ago June 27, 2017 Jun 27, 2017 Tuesday, June 27 2017 Tuesday, June 27, 2017 3:30:00 PM CDT in News
VERSAILLES (AP) — The Missouri state trooper who had a man die while in his custody pleaded guilty Tuesday to... More >>
15 hours ago June 27, 2017 Jun 27, 2017 Tuesday, June 27 2017 Tuesday, June 27, 2017 2:41:00 PM CDT in News
JEFFERSON CITY (AP) — Missouri senators won't reconvene until at least after the July 4 holiday to consider legislation on... More >>
15 hours ago June 27, 2017 Jun 27, 2017 Tuesday, June 27 2017 Tuesday, June 27, 2017 2:08:26 PM CDT in News
CALLAWAY COUNTY — A manhunt for a suspicious person call ended in an arrest just east of Kingdom City. ... More >>
16 hours ago June 27, 2017 Jun 27, 2017 Tuesday, June 27 2017 Tuesday, June 27, 2017 1:22:00 PM CDT in News
COLUMBIA — Columbia Police officers arrested Joshua Michael McWilliams, 23, of Columbia in reference to Monday night's shots fired call.... More >>
16 hours ago June 27, 2017 Jun 27, 2017 Tuesday, June 27 2017 Tuesday, June 27, 2017 12:49:00 PM CDT in News
COLUMBIA - Have you heard the news? A total solar eclipse is heading to mid-Missouri! Join KOMU 8 as we... More >>
17 hours ago June 27, 2017 Jun 27, 2017 Tuesday, June 27 2017 Tuesday, June 27, 2017 12:19:00 PM CDT in Eclipse Science
CAMDENTON — Since the start of 2017, the Camden County Sheriff's office reports more than $45,000 worth of roadway signs... More >>
19 hours ago June 27, 2017 Jun 27, 2017 Tuesday, June 27 2017 Tuesday, June 27, 2017 9:51:00 AM CDT in News
HOUSTON (AP) — Authorities are searching for a southern Missouri inmate who is accused of overpowering a guard and stealing... More >>
20 hours ago June 27, 2017 Jun 27, 2017 Tuesday, June 27 2017 Tuesday, June 27, 2017 9:25:05 AM CDT in News
Columbia, MO
Broken Clouds 67°
6am 67°
7am 69°
8am 71°
9am 74°

Select a station to view its upcoming schedule:

Coming Up Next

5:00a
KOMU 8 News Today
6:00a
KOMU 8 News Today
7:00a
Today
5:30a
Paid Program
6:00a
King of the Hill
6:30a
King of the Hill

Tonight's Schedule

7:00p
Little Big Shots: Forever Young
8:00p
The Carmichael Show
8:30p
The Carmichael Show
9:00p
This Is Us
7:00p
Arrow
8:00p
DC's Legends of Tomorrow
9:00p
KOMU 8 News @ Nine on The CW
9:30p
Seinfeld