With the Stroke of a Pen Government Reaction Paper Essay Example for Free

With the Stroke of a Pen Government Reaction Paper Essay Kenneth Mayer took an upright approach investigating the president’s executive power they used to issue amounts of executive order. He calls it â€Å"presidential edicts† which are official orders that the presidents create to assist executive branch in managing operations within the federal government. Mayer believes that this use of executive order; creating laws and procedures, is turned into an arbitrary order. This legislative act of making laws is stated in the constitution, given to congress; and with â€Å"the stroke of a pen† the â€Å"Laws of the Land† were made with no regard or interaction with the legislative. And as we learn in â€Å"With the Stroke of a Pen†, executive order can be criticized with substantial argument and can have â€Å"great impact†. Mayer put together charts of 1,028 presidential orders into categories, between March 1936 and December 1999, constructing two tables. Mayer leaned to the more necessary side of executive power, realizing the â€Å"formal and informal† restraints put on the president within the â€Å"separated system† and the use of checks and balances that protects, and also the vast difference in ones party in the congress can take the executive powers implied in the 2nd Article of the constitution away (not literally speaking). Mayer explained an issue dealing with Democratic issue with Eisenhower’s apathetic look on discrimination in housing and federal employment; with Kennedy’s promise to the people and equality of opportunity (constitutional) with the stroke of a pen came the fair housing order. As so with Clinton’s scare of impeachment, his idea of executive orders and unilateral decisions (such as, prohibiting the use of genetic information if hiring) showed the capability of a president. These presidential legislations therefore make general policy and link to public law. The argument many make about the executive order is that it’s a way for the president to avoid public opinion and constitutional limits. Though it’s said that this is an example of secrecy and totalitarianism, Mayer actually feels as if the president is limited enough and with all this his orders are constantly judged through a system (checks and balances) in our government anyway and through political parties in the congress. The constitution he says specifies that, President â€Å"shall take care that the laws be faithfully executed† meaning, that if laws aren’t being broken or disregarded then we have no argument against the president’s order. Supreme Court ruled in the steel seizure case (Youngstown), such decisions that aren’t constitutional or statutory. In the cases Mayer mentions about which are Korematsu v. U.S (decision of freedom fro internment camps of Japanese Americans), Schechter Corp v. U.S (about unhealthy chicken being sold, exceeding commerce clause), and Cole v. Young; these are all decisions that derived from executive orders. In the random sample of 1,028 executive orders between March 1936 and December 1999, took a look at the subject of the orders. Civil service which involved retirement exemptions, salary, holiday, and personnel; Public lands deal with land for public use, revoking previous land orders; War and emergency powers deal with orders creating or abolishing wartime agencies, and emergency preparedness procedures; Foreign affairs are orders dealing with importation, trade, aid, and affairs with other territories particularly signed by treaties; Defense and military policy deal with military personnel, intelligence community, and military lands; Executive branch administration order are orders creating boards, councils, agency transferring powers, and tax policies; Labor policy focuses on emergency boards and inquiry, and managing federal government labor policy; Domestic policy orders include energy, environment, civil rights, economy, and education. More than 60% of orders dealing with Executive branch, Civil service, and Public lands; the rest were dealing with Foreign affairs and War powers, and domestic and labor policy were small percentages. Since presidents have been given so much responsibility, orders are then handed down to clerks and subordinates. Mayer noticed through the second table/chart that focused on which the orders were made each year, that War and emergency powers have dropped since 1940’s, which is the result of no more World wars and such; also Foreign affairs, Executive branch, and Domestic policy orders have grown since 1930’s supporting the fact that executive orders do matter. When can a president rely on executive order? Mayer asks. Well in my opinion whenever he is stuck with the task of trying to protect the good, order, and equality among our union. The president is elected for the people by the people and in order for policies that can’t get through the congress as simple, and then this â€Å"Necessary evil† people call giving the president too much power is good. It’s fair to say that some power can be misused but, if the government and congress are doing there job right then the protections we have against a treasonous president or unconstitutional laws being made, almost nothing can go horribly wrong. With the bills and laws being opposed just because of parties in congress then executive order can be made first if the reason and issue is great.