Constitutional Question

Here is the First Amendment of the Constitution…

Congress shall make no law respecting an establishment of religion, or prohibiting the free exercise thereof; or abridging the freedom of speech, or of the press; or the right of the people peaceably to assemble, and to petition the Government for a redress of grievances.

“Congress shall make no law…abridging the freedom of speech, or of the press…”

Can the president issue an executive order making criticism of the government illegal? After all, the Constitution doesn’t say the president can’t do it. It only says Congress can’t.

So. Can he?

Of course not. Even when the president issues executive orders, he is doing so based on laws issued by Congress. If Congress can’t pass a law, there is no basis from which the president can issue an order.

This explains the role of the president quite well. The president can only support and clarify laws passed by Congress. He cannot create them. The role of the president, in the realm of law making, is 100 percent subordinate to the Congress.