引子

suibian2009：羅8特法官開了個極壞的先例，今後川發政令很難了。阿貓法官不反對，阿狗也會反對。最終結果將是一事無成。

儘管如隨便這樣對美國政治、人類文明渾渾噩噩全然不知的睜眼瞎屈指可數，相信有不少同學對美國三權分立的具體操作細節、譬如對由總統提名任命的聯邦法官竟有權對被州政府告上法庭的總統行政命令宣判違憲不得執行的那些事或許並非十分清楚，故於網上摘錄文字拼湊如下。供隨便及其同志閱讀，收益進步，哪怕不能就此逐漸改邪歸正、棄惡從良，以後扯蛋至少不至於過於不靠譜。

不謝。

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.”