Examining the Eligibility and Limits of Executive Orders

The Eligibility of Executive Orders
The power of an executive order carries the same power as a federal law. An executive order is an order issued by the President that does not require the approval of Congress, the executive branch of the government, and Executive Orders same force of the law. Many question the decision of the Founding Fathers to grant the power to a President to issue an executive order. Much controversy erupted over the access a President has to issue an executive order. Due to the problem inherent to executive orders, Congress and the Judicial Branch takes action to limit these orders. In fact, these orders have been limited by the system of checks and balance and constitutional authorization.
In the first place, the Judicial Branch applies and interprets the law. However, once the Judicial branch believes an executive order has exceeded its constitutional limits the branch will review the order and often halt the process limiting the power of the

President. For example, on January 29, 2017 President Trump issued an executive order preventing refugees, migrants, and also green card holding persons from Muslim countries from entering the United States. Rapidly the Judicial Branch issued “temporary nationwide stay.” which prevented the government from removing immigrants detained at the airports, displaying the exercise of checks and balances (“The Judicial Branch Grabs Back”). While the Constitution gives this permission to a President there are significant restraints to the usage of this Presidential tool. For this reason, the 3 branches of government were created. The federal judiciary is granted the power by the constitution to ensure that the President's actions are legally authorized while Congress has the right to legislate and appropriate the orders of the President (Article III of The Constitution). The system of checks and balances challenges the ability of the President to issue executive orders.
Due to the authorization by the Constitution to Congress, Congress has the power to create the laws that govern the people.

In Article I of The United States Constitution grants power to Congress to limit the power of the President to issue executive orders (“The Powers of congress”). For example, the Energy Policy Act of 2005 explicitly revoked a December 13, 1912, executive order that had created the Naval Petroleum Reserve Numbered 2. In 1992, Congress revoked an executive order issued by President George H.W. ordering to establish a fetal tissue bank for research (“Congress Legislation”). Since the Constitution empowers Congress to make laws the President cannot create a law without the permission of Congress. The right to overrule a Presidential order is also authorized in the Constitution. When and if Congress does not agree with an executive order members of Congress have the permission to veto the order. Limitations by Congress have limited the potential of an executive

order.
Furthermore ,the Founding Fathers granted this power to the President simply for discretionary power. Discretionary power is not mandatory but permissive. These powers are granted to the President by the constitution but should only be exercised accordingly. The power of the President to issue an executive many startled many like Congress and the Judicial Branch; for this reason Congress and the branch began setting limitations discussed in the previous paragraphs.
Of course, Presidents hold immense power with an executive order. The permission to use executive orders lies in the constitution. The Judicial Branch act accordingly to control the power of a President using checks and balances. Congress is empowered to make laws and before an executive order is passed congress has the power to overrule the order. Limitations have to be set in order to control the power of the President and the power of executive orders.