Obama’s Executive Actions Rejuvenate Legal Battles

Richard Wolfe writes in USA Today:

President Obama’s effort to advance many of his policies through executive actions this year won’t end the political and ideological battles with opponents. They simply will move from Congress to the courts. Here’s a look at how the legal skirmish shapes up:

The policies: The president’s focus is on three areas — jobs, education and the environment. This week he directed federal agencies not to discriminate against unemployed job candidates; put Vice President Biden in charge of a sweeping review of federal job training programs; and announced new minimum wage rates for federal contract employees. There will be more to come.

“Wherever and whenever I can take steps without legislation to expand opportunity for more American families, that’s what I’m going to do,” Obama said.

The legal questions: Some initiatives fit easily into executive branch prerogatives. But Article I, Section 1 of the Constitution clearly gives Congress all legislative powers, so the White House must be careful not to overstep its bounds. That why the minimum wage requirement will be issued only for new, not existing, federal service contracts.

Executive orders aren’t defined in the Constitution, but a House committee in 1957 said they “may have the force and effect of law” when founded on the president’s constitutional or statutory authority.

“The president gets to execute the law. He doesn’t get to unilaterally make law,” says John Eastman, a law professor and former dean at Chapman University School of Law in California.

What’s the beef? Republicans say many actions previously taken by the president went too far by usurping the powers of Congress. Their prime example: His decision to delay for a year the new health care law’s requirement that employers with more than 50 workers offer insurance coverage or pay a penalty. That and other actions on issues ranging from immigration to greenhouse gases are being challenged in court.

“These are all things that fall under executive overreach,” says Curt Levey, president of the conservative Committee for Justice. “It’s scary how much the president is openly talking about bypassing Congress, and in many cases doing it.” . . .