1. An executive order cannot limit a President. There is no constitutional requirement for a President to issue a new executive order whenever he wishes to depart from the terms of a previous executive order. Rather than violate an executive order, the President has instead modified or waived it.
2. The President, exercising his constitutional authority under Article II, can determine whether an action is a lawful exercise of the President’s authority under Article II.
3. The Department of Justice is bound by the President’s legal determinations.
Whitehouse puts these outrageous claims into ordinary language:
1. “I don’t have to follow my own rules, and I don’t have to tell you when I’m
breaking them.”
2. “I get to determine what my own powers are.”
3. “The Department of Justice doesn’t tell me what the law is, I tell
the Department of Justice what the law is.”
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