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US law does not function like this. Federal agencies are authorized to operate under authorizing law passed through Congress. A president can only direct an age
by joecool1029 3y ago
US law does not function like this. Federal agencies are authorized to operate under authorizing law passed through Congress. A president can only direct an agency to allocate resources to do something under existing law (Executive Orders are not new law, they are instructing an agency to enforce or not enforce existing law). Agencies are given some latitude in how to create Rules that function under the authorizing Law, but they aren't Law.
If the Supreme Court says they don't have authorization under an existing law, Congress needs to pass new law that authorizes them to regulate it. President cannot direct them to write a rule to cover a condition it is not authorized to cover.
This issue also gets a bit more complicated since states could also file suit and escalate to the supreme court again that federal government should not have powers to regulate certain bodies of water inside the states. I don't know how this ruling will affect any new legislation that may get passed.
- TheRealPomax 3y agoPresidential decree 100% functions like this, and has been used for things like this well before Trump brought it into the lime light.
- joecool1029 3y agoThere's no such thing in the US. You may be thinking of a Presidential Proclamation which again doesn't have the force of law unless Congress authorizes it: https://en.wikipedia.org/wiki/Presidential_proclamation_(United_States) https://en.wikipedia.org/wiki/Presidential_proclamation_(Uni...