The Truth about Governing through Fiat with Executive Orders

Fifty-five days into his term, President Donald Trump has issued fifteen executive orders.  He has issued eleven presidential memorandums.  He has issued a total of four presidential proclamations.   In contrast and focusing on executive orders alone, In 2009 Barack Obama issued 39 of those in the first year of his presidency. While it is unlikely that Trump will keep up this fevered pace to exert his leadership style on the the office of the presidency, if he were to keep it up, he would be on pace to sign 150 of these orders in his first year alone.  During his eight years in office, President Obama signed a total of 277 executive orders. 

http://www.pewresearch.org/fact-tank/2017/01/23/obama-executive-orders/

Quick math reveals that Obama signed 34.5 executive orders per year. I cite as my source: The Federal Register from the National Archives,

https://www.archives.gov/federal-register/executive-orders/2009-obama.html.  In fairness to the current president, he has signed two less than our 44th President, but two of his executive orders have already been challenged by the Federal Court system.  He just cannot seem to clear the bar when it comes to the constitutional mandate that you cannot ban entrance into the United States based on a religious test.

So why do I bring this up?  The answer to that, of course, springs from the "Fractured Fairy Tale Vault" of the right wing conservative media which has demonstrated a real difficulty with the facts over the past decade.  If you have not read these following articles, I suggest you do.  The first is from February 12, 2014 by the folks over at the respected conservative think tank, The Heritage Foundation (also the originators of Obamacare, by the way). http://www.heritage.org/the-constitution/report/executive-unbound-the-obama-administrations-unilateral-actions.  

The title is a classic:

"An Executive Unbound: The Obama Administration’s Unilateral Actions."

Cue the spooky organ music and have a tape of Vincent Price laughing insanely in the background.

Or this gem, using the same operative language from  June 21, 2012 in the Washington Post:

https://www.washingtonpost.com/opinions/charles-krauthammer-obamas-amnesty-by-fiat--naked-lawlessness/2012/06/21/gJQAa5PltV_story.html?utm_term=.232d72ee64be.

Charles Krauthammer: Obama’s amnesty-by-fiat — naked lawlessness. 

Or this peach from Breitbart News:  

'More Flexibility': Obama to Govern by 'Executive Fiat' in Second Term, 

This one was designed  to scare the pants off of all good conservatives everywhere.  I mean, who needs a legislature when you have a pen and a good imagination?  Am I right?

http://www.breitbart.com/big-government/2013/01/21/government-by-executive-fiat-to-explode-in-obama-s-second-term/

So why did they all warn us of the destruction of America by an imperialist liberal African-American POTUS?  Because they found a debate term on the right they thought they could parlay into an advantage for the conservative movement.  All they had to do was tell their minions who followed fake right wing news sites that President Obama had signed over 900 executive orders.  Had he done that, of course, he would have been an actual imperialist.  But of course he was not, and he signed fewer executive orders than many of his predecessors.  

According to Dictionary.com Fiat has a very short yet precise definition. "Fiat is an arbitrary decree or pronouncement, especially by a person or group of persons having absolute authority to enforce it." Let that be the framework on which we proceed

Obama is no longer POTUS.  President Trump has vowed to undo all of the unholy things President Obama unleashed with his magic pens of executive orders.  But as I mentioned above, Trump will eclipse Obama with his executive orders if he continues on his current pace.  Of course, the major difference between the two men is that Obama is a constitutional lawyer, the product of arguably the greatest law school in the country.  His executive orders did not stray from the U.S. Constitution and so were not knocked down by the Judicial Branch of the United States government for breaking the law. Donald Trump is a reality television star and a dubious businessman with no knowledge or understanding of the United States Constitution. Trump is not doing quite as well on that front and quite honestly is just getting started, if you could even call it that.

This is a chart from Nate Silver's site, www.538.com:

An alternate definition of Executive Fiat in the age of Trump requires a bit of explanation.  Before being elected as POTUS, Trump was certain that Executive Fiat was an Italian sports car that Barack Obama drove around the White House lawn. Since then Trump has convinced himself that "Executive Fiat" is a "fantasy decree" that has no basis in constitutional oversight.  He has come to believe also that Executive Orders are  best derived  during sleepless nights as he is roaming the White House with the Presidential Advisor, Steve Bannon dressed as the ghost of President Andrew Jackson. The duo simply "Tweet" a plan into being.  The only thing that can throw a monkey wrench into this is when Reince Priebus has successfully hidden Trump's phone.  

The G.O.P. has a problem on its hands.  The very arguments that they have used to both tarnish and diminish the accomplishments of former President Obama are coming home to roost.  The new definition of Executive Fiat is now, "Rule by Twitter." Also known as, "Rule by Seeing What Floats."