引子

suibian2009：罗8特法官开了个极坏的先例，今后川发政令很难了。阿猫法官不反对，阿狗也会反对。最终结果将是一事无成。

尽管如随便这样对美国政治、人类文明浑浑噩噩全然不知的睁眼瞎屈指可数，相信有不少同学对美国三权分立的具体操作细节、譬如对由总统提名任命的联邦法官竟有权对被州政府告上法庭的总统行政命令宣判违宪不得执行的那些事或许并非十分清楚，故于网上摘录文字拼凑如下。供随便及其同志阅读，收益进步，哪怕不能就此逐渐改邪归正、弃恶从良，以后扯蛋至少不至于过于不靠谱。

不谢。

Since George Washington’s time, U.S. presidents have been issuing executive orders that do not require the assent of Congress. For example, FDR signed 3,721, Reagan 381, Bill Clinton 364, and Obama 276. As long as the directives conform to the Constitution and statutes, they carry the force of the law, but can be revoked by a future president with the stroke of a pen.

Yet- if they don’t, they can be blocked by the courts.

Any state that takes issue with a president’s executive order is allowed to start a lawsuit against it. Members of Congress also have tools they can use to block presidential orders, including passing laws or refusing to fund aspects they don’t like.

In 1935, the Supreme Court overturned five of President Franklin Roosevelt's executive orders (6199, 6204, 6256, 6284, 6855).

Executive Order 12954, issued by President Bill Clinton in 1995, attempted to prevent the federal government from contracting with organizations that had strike-breakers on the payroll; a federal appeals court subsequently ruled that the order conflicted with the National Labor Relations Act, and invalidated the order.

The federal judge who issued a nationwide injunction against President Donald Trump's executive order blocking immigration from seven primarily Muslim nations had a strong precedent to rely upon: The 2015 decision by the Fifth Circuit Court of Appeals that halted President Barack Obama's order to grant semi-permanent residency status to millions of illegal immigrants.

Ironically- the same decision that blocked Obama’s executive order that was meant to be pro-immigration is the exact same one that was used as the precedent to block Trump’s travel ban.

This is another example of an executive order of Obama’s being ruled against.
Federal Judge Blocks Obama Administration's Overtime Pay Rule.

In March 2014, President Obama directed Labor Secretary Tom Perez to modernize overtime protections. A federal judge blocked implementation of the new rule to extend mandatory overtime pay to more than 4 million salaried workers from taking effect, imperiling one of the outgoing president’s signature achievements for boosting wages.

U.S. District Judge Amos Mazzant, in Sherman, Texas, agreed with 21 states and a coalition of business groups, including the U.S. Chamber of Commerce, that the rule is unlawful and granted their motion for a nationwide injunction.

This example went even further, going all the way to the Supreme Court:

Unanimous Supreme Court Rules Against the Obama Administration’s Unconstitutional Power Grab

The Supreme Court unanimously struck down as unconstitutional the Obama administration’s “recess” appointments to the National Labor Relations Board, which were conducted while the Senate was formally in session.

The Constitution allows the President to make appointments during a Senate recess. President Obama’s appointments, which bypassed Senate approval, were made during a period when the Senate convened pro-forma sessions every three days. The Supreme Court held that recess appointments can only be made during breaks of “sufficient length.”