Lately, presidents and governors have used executive orders to implement policies without voter or legislative approval. But there are limits to executive power. NO president or governor is a king or emperor with absolute power. That is the very definition of dictators and tyrants.
Executive orders are not unchecked strokes of power from the president’s (or governor’s) pen; federal courts can challenge and deem them unlawful. In fact, the U.S. Supreme Court determined during the Korean War that executive orders must fit within a specific sphere of power and cannot simply defy Congressional intent, as explained in the article in my next comment below.
U.S. Constitution Supremacy Clause
Further, people commonly refer to Article VI, Paragraph 2, of the U.S. Constitution as the Supremacy Clause. It establishes that the federal constitution and law generally precede state laws and even state constitutions. The Supremacy Clause prohibits states from interfering with the federal government’s exercise of its constitutional powers and assuming any functions exclusively entrusted to the federal government. It does not, however, allow the federal government to review or veto state laws before they take effect.
“This Constitution, and the Laws of the United States which shall be made in Pursuance thereof; and all Treaties made, or which shall be made, under the Authority of the United States, shall be the supreme Law of the Land; and the Judges in every State shall be bound thereby, any Thing in the Constitution or Laws of any State to the Contrary notwithstanding.”
The U.S. Constitution, including all 10 amendments in the Bill of Rights, is the “Supreme Law of the Land.” It defines and limits the scope and powers of government at all levels.
Gov. Grisham’s Oath of Office
And last, Gov. Michelle Lujan Grisham of New Mexico took an oath of office as follows:
“The Constitution of the State of New Mexico Article XX Section 1 (Oath of Officer) reads, “Every person elected or appointed to any office shall, before entering upon his duties take and subscribe to an oath or affirmation that he will support the constitution of the United States and the constitution and laws of this state, and that he will faithfully and impartially discharge the duties of his office to the best of his ability.”
So there’s that pesky constitution thing again.
I think the good, law-abiding people of New Mexico should ignore and resist this nonsense. And I believe New Mexico should get serious about punishing criminals rather than the law-abiding citizens of their state. But that’s just my opinion.
By Russ Minary (Helpful Skeptic, Humorist)
Russ is a retired old guy who loves people and is happy to share my (FREE) advice, mistakes, valuable career and life lessons, good and bad experiences, wisdom, and some funny stuff too.