
The I'm Not Dumb But Podcast
Welcome to The I'm Not Dumb But Podcast, where we won't claim to have all the answers to life's deepest questions, but we promise you an exciting journey into the realms of knowledge you never knew you needed!
Join friends Cesar, Rob, Chris and Victor as we dive head first into topics that might be mainstream but not common knowledge. No topic is too taboo for us to explore. Let's get curious together!
The I'm Not Dumb But Podcast
What are Presidential Executive Actions?
What if presidential executive actions held more power than you ever imagined? On this episode, we embark on a journey through the intricacies of executive orders, memorandum, and proclamations, revealing their historic roots and contemporary significance. From George Washington's strategic moves to Biden's controversial Student loan forgiveness policy, we spotlight the most notable executive actions that have shaped U.S. governance.
We scrutinize the balance between swift presidential action and the preservation of democratic checks and balances. We'll navigate the debate on whether executive orders concentrate too much power or function as necessary tools in a bureaucratic landscape. Exploring landmark orders like the Emancipation Proclamation, we ponder their lasting impact on civil rights and societal progress. Whether it's the surprising creation of new holidays or the enduring traditions, our conversation promises to leave you with a richer understanding of these powerful presidential tools.
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Caesar, how depressed am I going to be after this episode.
Rob:I grabbed a tissue and my crying blanket. I am ready?
Victor:Are you ready? Take the hope out.
Cesar:of me today, but you're going to learn. You're going to learn today. All right, here we go, here we go, here we go. What if I told you, with just one signature, the course of history could be changed?
Victor:I'd believe you. It's called the Magna Carta bitch could be changed, I believe you.
Cesar:It's called the Magna Carta bitch Wow History. Every president, from George Washington to Donald Trump, has used executive actions to enforce policies, respond to crises and push their agendas forward. But what exactly are executive actions? Are they necessary tools for leadership or do they give the president too much power? I'm not dumb, but what are presidential executive actions? Welcome to the I'm not dumb, but podcast, where we won't claim to have the answers to life's deepest questions.
Victor:But we'll give you an exciting journey into the realms of knowledge you never knew you needed.
Cesar:Might be mainstream, but not common knowledge. From artificial intelligence to conspiracy theories, no topic is too taboo for us to explore. Let's get curious together. I'm your host, cesar, joined always by Chris, yup, rob, you and Victor.
Victor:How y'all doing.
Cesar:What is up, fellas, what is up? Let's make some executive decisions.
Victor:Yeah, and I'm not talking about Steven Seagal movies. Never saw that one. You never saw Executive Decision. No, he died in like five minutes into the movie.
Rob:But he held the plane together. He held two planes together he held two planes together With both his hands so that the guys could make it through. So John Leguizamo can live. You know what he put that in there. John Leguizamo can live. You know what he put that in there?
Chris:John Leguizamo said that he wanted to die like that, Like he was, like I'm going to hold these planes together.
Rob:It's an excellent film. You got to watch it. That's terrible, but you still got to watch it. I hope there's a good movie on this flight.
Cesar:So congratulations to us. We became the president of the United States Together, no.
Rob:I think only like one of us could be president, because only like one of us was, like, born in America. Yeah, well, that's true.
Cesar:I could be vice president.
Rob:I mean yeah.
Victor:And you could be like a manager at a Starbucks too. Manager, assistant manager.
Cesar:So one of the most powerful positions in the world? Well, second only to a bouncer at a club that you're really trying trying to get into. The presidents always have big plans, ideas and, let's be real big obstacles, like that pesky thing called the congress, slowing them down. But presidency comes equipped with a hundred thousand miles powertrain warranty and the power of the executive actions. What are executive actions? You might be asking why I'm here.
Cesar:Well no, you're here for something else, I'm just you're kind of strolling into a college course You're like am I in the right one?
Victor:I'm like surveying.
Cesar:Is this math?
Chris:No, I remember that class. It was just between recess and lunch.
Cesar:But they tell the federal government what to do. Do, but not all executive actions are the same. So there's three different types. We got the executive orders. Those are the big ones, those are the power moves, those are the ones we know most about, and these things are legally binding orders that direct federal agencies how to enforce laws or policies. Think of these as like company wide emails that everyone has to follow. So then we got the presidential memoranda, and these are kind of like executive orders but they carry less weight. So think of it like, as your company says, we should probably be focusing on this. They don't release it to the public, but it's kind of like a directive that internally we should follow. And then, lastly, we got proclamations, and and some of them are purely ceremonial, like the Thanksgiving proclamations, like the one we do every year Give thanks to God for football and food and some of the ones have legal consequences. And you guys must remember this one Lincoln's Emancipation Proclamation.
Victor:Can you say that again, but actually say it? Lincoln's Emancipation.
Cesar:I can't even say itcipation, I can't even say it now. I can't even say it now emancipation proclamation, I can't even say it, I don't think. Emancipation proclamation, oh, there you go, there you go. The difference between executive actions and laws. Congress has the authority to pass laws through their lengthy legislative process, while executive actions take effect immediately.
Rob:So then, why don't we just make laws? Why don't we just do executive orders? They sound like a lot more efficient.
Victor:Wouldn't that make the president the role of a king at that point Powerful?
Chris:right, yeah.
Cesar:Because, although executive orders are powerful, they do come with their limitations.
Rob:Okay, so there is some sort of checks and balance.
Cesar:Those pesky checks and balances that presidents have to follow.
Victor:yes, Okay, not many people know this, but executive orders are like Chick-fil-A they don't work on Sundays, is that?
Rob:true, that's not Okay, that are like.
Victor:Chick-fil-A. They don't work on Sundays, is that true, that's not, I don't know.
Cesar:No.
Victor:That is not legal advice for anyone breaking the law.
Cesar:He saw three episodes of Suits. I would follow his advice when I studied for the bar. But no, there are some limitations. They can't make new laws. They can't explicitly defy Congress, they can't violate the constitution. Congress can overturn executive orders. They can be blocked by the courts and they can actually be undone by the next president.
Rob:So then, what is the difference between creating an executive order and creating a law, because it seems like both can be repealed.
Victor:No laws are way harder to repeal, okay, and laws are way harder to create and have it because it's all three branches that need to be involved.
Chris:I'm just a bill. Yes, I'm only a bill.
Cesar:So Congress is the annoying roommate you can't evict, and they can pass laws to override any executive order. But let's be real, they got to get a two-thirds majority. And getting two-thirds of the majority is kind of like herding cats. Especially the way things are, the courts kind of act like referees. Judges can block executive orders if they've deemed that these executive orders have violated the Constitution or any existing law. Oh really, yeah, so ultimately the federal courts and the Supreme Court have the final say.
Rob:So how many judges do you need? Can one judge just block an executive order and it's done? Or is that also like a majority thing?
Victor:It's not done, but I think one judge can block it.
Cesar:Yeah, you can actually rewrite it after it's been blocked, and then it goes to another court and then it could be agreed upon. You remember a couple of years ago, Trump's first term what was it first? As a Muslim ban.
Victor:Yes, the Muslim ban yeah.
Cesar:So initially it was blocked. I forgot why exactly. I think it was because it was targeting certain groups. It was rewritten and then the Supreme Court actually upheld it.
Rob:So we're still blocking Muslims.
Cesar:Canada.
Rob:The worst. They'll be the 51st state.
Victor:Yeah, welcome brothers to the North. Dunkin' Donuts is gone. Eh, it's all Tim Hortons. Now what's that all about?
Cesar:They speak French there too. God, that place is a mess. So yeah, some of the restrictions. Some of the judge can block it, and they block it based on if it violates the constitution or if it deems that the president has exceeded his power, which is what happened to the um biden's uh, student loan forgiveness ah, yeah, that was an executive order that was an executive order, wow what was the reasoning for blockage? Because he it exceeded his uh presidential authority.
Victor:It's kind of nebulous what the the fuck is that Word of the day calendar? What?
Rob:does that mean? That's like an unnebulous word?
Victor:Are we in space? I can't say emancipation proclamation, but I can say nebulous yeah but, can you tell me what it means, because I don't fucking know.
Cesar:It just means like it has no.
Rob:It's like a nebula.
Cesar:Yeah, it has no sort of definition sun defined.
Victor:A nebula doesn't have a definition.
Cesar:Yeah, nebulous pretty sure that's a sat word.
Victor:I didn't do well on.
Rob:The sat is the definition that you're likely to hear and use the most is the version that means vague, indistinct, confused or lacking form. There you go nice.
Cesar:um, I don't remember biden having a vaccine mandate, do you? You guys remember that For the country? He tried to mandate large companies to have their employees mandated for a COVID-19 vaccine and then that was stricken down by a judge. And the next president could come in and literally reverse all executive orders, which is what tends to happen, I think. When Biden came into office office, I think he reversed the whole bunch that trump did yes, that I remember trump just started.
Chris:He reversed the whole bunch that's par for the course, it seems. Where does it start? How does it originate? Like whose idea? Is it like a group of people that he works with that like let's talk about this and let's bring this to the executive order, or is it like a chris? It starts with a fortune cookie, they open it up and it goes.
Victor:Your path will be lit up today and they go. You know what?
Cesar:yes, an executive order around this. Lucky numbers are 27 and 13 also snapple facts my only education is snapple caps it's just a party line. The whole thing about executive orders or executive actions is that this is the president's way of swaying his power and avoiding having to do it with Congress. Trump, I think he signed, I don't know, like 40, whatever it is, 50 the first day 50 the first week.
Victor:whatever it is More than that.
Cesar:Yeah, they're pretty much just being written by his party and then he's just going there and signing them when I was reading about them.
Rob:They're like they'll get them from like think tanks who create policy and then they just try to come up with like a playbook on like, hey, this is what we need to do to get in to kind of support our agenda. I think right now Trump has the Agenda 47 is what he's working off of and a lot of the executive orders actions are coming off of that. So he comes in he says this is part of my agenda 47. And then he just starts. But you know what I like about it, he's got great handwriting, like every time he writes it and how he shows it.
Victor:His signature.
Rob:Yeah.
Victor:His signature looks ridiculous.
Rob:It looks amazing. It looks like a stamp thank you very much.
Cesar:That's really nice, thank you yeah, it looks kind of like a little like how does he do?
Victor:that uh practice, I guess. Trump signed 26 executive orders on his first day guy's getting to work 36 his first week, and then he hit 18 holes his first weekend.
Chris:And this is a big deal.
Cesar:I'm curious to know how many of those were reversals of Biden's.
Rob:Oh yeah.
Cesar:Because when Biden was in office, they were like whoa, you did so many, and he's like I did many. But most of them were just reversals of what Trump did. So don't be fooled by the media, come on. So I got a question for you guys which president do you guys think signed the most number of executive orders? I will give you four options I'm gonna guess biden you sure don't want, you don't okay give me four.
Cesar:Give me four, I need four all right, so harry s truman f. So Harry S Truman FDR, reagan or Obama.
Rob:I was going to say Reagan. I was going to say, reagan, I'll go with Obama, then you guys were all wrong.
Cesar:It was actually FDR. Fdr signed 3,721 executive orders and he did that with polio yeah.
Chris:Wow.
Cesar:In his terms, the most. He also did like what? Four terms? Yeah, he did. So that's great.
Victor:Oh, so that's cheating.
Cesar:He got extra, he averaged like 300 a year, when normally, like everyone else, averages like 200 or something like that.
Victor:That's cheating.
Cesar:Obama only signed 276.
Chris:Obama.
Cesar:Truman signed 907.
Rob:Andagan signed 1803 well, more to read about reagan. I kind of liked him let's go back.
Victor:He kind of fucked a lot of things up for the country for celebrities after him.
Cesar:Can't trust a celebrity until arnold came. You are mine. Now you belong to me. Fun fact, you guys. Fun fact next time you're at a bar for trivia night. William Henry Harrison, our ninth president, was the only president who did not issue an executive action. Do you guys want to guess why he died?
Victor:He couldn't write, he forgot he had the power. He died quickly into his term.
Cesar:Victor Crump. He died 32 days into his term.
Victor:Got pneumonia he got pneumonia. I think I'm new here Look at all the books he reads.
Rob:Look at all these books behind me.
Victor:You think they're just for show.
Cesar:Why do those books don't move? Are you in the Tesseract?
Chris:Are you?
Cesar:in deception. Don't leave Murph, Don't leave.
Chris:What's it?
Victor:called Interstellar Interstellar. Yeah, jesus Christ, I'm not taking you to trivia night.
Cesar:Pneumonia and died, unfortunately Damn yeah, the first and only president who died within his terms. So that's trivia. So where does the executive actions get their power? Well, from the US Constitution, of course. But the US Constitution actually doesn't explicitly mention the executive orders. Instead, it just the Articles 2, grants the president executive power and the duty to ensure that all laws are faithfully executed. What does that mean? Nobody knows, but it gets the president going.
Rob:I don't even know what that means. This broad language allows the president going.
Cesar:I don't even know what that means. This broad language allows a president to interpret this in many ways so it's not explicitly written anywhere, it's just an article too yeah, it's in the constitution, but not in executive orders themselves.
Victor:It's not explicitly written who was the first to come up with executive orders?
Cesar:boy, george washington. He was the first one who did it so he was just like like yo.
Victor:There's some leeway in this. I'm going to make an executive order.
Rob:What did?
Victor:he do with his executive order.
Cesar:The first one. According to his letters, he wrote letters to all the executive department heads and asked them to fill them in on what exactly were they in charge of.
Victor:Wait a minute. His first executive order was hey, can you tell me what your job is here?
Cesar:Yes In layman's terms.
Victor:That couldn't just be done in a meeting or something you can have like a staff meeting?
Cesar:Like let's go around the table. He's like yo, what are you guys doing for the country? What is your role and responsibilities for the nation?
Victor:Oh, I see that's a power move. He copies for the nation. Oh, I see that's a power move. He was like tell me what your job is here and I'll tell you if you're still hired.
Cesar:What do you do here To fix the copy machine? I just fixed it, so I did your job, so you can go. I think he had loosely eight of them. Is any of them still standing?
Victor:It was probably just things to get the nation going. He was a man of few words. George Washington Things to get the nation going. He was a man of few words.
Chris:George Washington. Everyone knows this famously. So that order stands still until someone reverses it right? Is that how it usually works?
Cesar:Yes.
Chris:Did you find anything about?
Victor:like if there's any executive order that's like the famous one or anything that's everybody knows. He said the Emancipation Proclamation.
Cesar:Proclamation is one of the. Yeah is one of them.
Victor:How much more famous do you think?
Cesar:Yeah, there's that one, chris. There's also the FDR's executive order, the one about the Japanese internment camps. That was an executive order. And actually President Truman created an executive order where he desegregated the US military, setting up the stage for the civil rights movement.
Victor:Ooh, I got one for you. This is a proclamation from George Washington. Let's go Now, therefore. This is my George Washington voice. Now, therefore, I do recommend and assign Thursday, the 26th day of November next, to be devoted by the peoples of these states to the service of that great and glorious being who is the beneficent author of all the good that was done, that is or that will be. This goes on, but basically it's Thanksgiving.
Victor:Oh shit the day of national Thanksgiving, damn. So he created Thanksgiving, he birthed Thanksgiving. Yeah, you know what he didn't do, though he didn't pardon any fucking turkeys. I'll tell you that Because he knew better. He fucking knew better.
Chris:What about? Was there any infamous executive order? That was the president proposed, but he got shut down. I don't know if you remember Obama's.
Cesar:DACA Obama. Like any infamous executive order, that was the president proposed, but he got shut down. I don't know if you remember Obama's DACA.
Victor:Obama, the Dreamers.
Cesar:Yeah, he basically shielded young immigrants, undocumented immigrants, from deportation.
Victor:Deferred action for childhood arrivals. There you go. It's a policy that allows certain individuals who meet program requirements to request a grant of deferred action. Individuals who are granted DACA are able to renew their grant and eligible for work authorization.
Cesar:So you were under 18 and you were undocumented. Under this program you were able to still go to school, I think, and potentially work.
Victor:Yeah, going back to the Thanksgiving one, he issued this Thanksgiving proclamation in October.
Rob:So motherfuckers, by the time they learned about this. They're like oh shit, I got to prep.
Victor:I got to find a turkey. I got to make mashed potatoes. I got to make a pie. I got to invite people over. This was last minute, thinking this was reckless behavior.
Rob:Yeah.
Victor:A lot of these letters it says primarily delivered by horseback riders or post riders. Biden made a proclamation of right brother's day. Did you guys know about this? When's that? December 17th is right brother's day. We celebrate that. No one has given me any type of warning about this.
Cesar:And Corn Pop was a bad dude. Are executive orders overused? And this is where the debate kind of heats up. You know a lot of people argue that executive actions are necessary, especially when Congress is gridlocked, and then others start saying that they're overused and kind of undermine democracy. A lot of these executive actions could concentrate way too much power for the president.
Victor:That would be the issue, I think, with the courts right, let's say, a majority of the appointees to the Supreme Court, done by Trump or whoever, and then he issues executive actions, they get stopped and then they get overruled and they get enforced by the Supreme Court. Now you're creating an issue where you're just you're handing the president the keys to the kingdom because you're getting rid of that check and balance, because now you're saying, oh well, no, we are agreeing that this is part of your power, and then you're just giving that branch more and more power.
Cesar:That's my thought on it. Everything is based on the whole constitution, right? So there is no sort of okay. This is the defined set of things that you can't cross. With every administration, with every executive action, the power gets concentrated and gets more and more towards the president. If Congress says, okay, it's fine with it, or if the Supreme Court says it's fine with it, or any court says it's fine with it, then the president is going to continue to push that. But who cares about pesky checks and balances?
Victor:I don't, you don't care about checks and balances.
Cesar:I want to be president one day. I don't.
Victor:They're never going to put a Dominican in office.
Rob:That's why I need no checks and balances, not yet.
Victor:Yeah, when, when, Rob. Anytime soon it's coming baby.
Chris:Chris it does sound like the president has too much power, but at the same time it's like definitely something that's necessary for the country, that requires, you know, like you said, sort of a power to set rules and whatnot. But at the same time I'm glad there's some check and balances, that the Constitution that you know, the government that can set so that you know the president doesn't go crazy power trip. But no, bro, I think it's a good thing, I think it's something that we utilize and that should hopefully help with our country and hopefully that will make us better. I guess, what about you, rob?
Rob:It just seems like the executive actions, it seems like they're an interpretation of power, so I think it's just created for presidents or anyone coming in, use these executive actions to set the tone of their presidency. Any small stuff that can be repealed, major items that they want to get through, they get through. But it seems like more and more it's a shotgun blast of laws that they'll throw in their presidency and see what sticks. They just leave it up to Congress or anyone else to kind of knock it down Whatever hits hits, and it's a fast way to circumvent bureaucracy, it seems. Circumvent bureaucracy, it seems, you know, definitely needed, because if not, a lot of stuff would probably get, you know, be too slow to get done.
Rob:But I think I just would want to know where they draw the line in the sand. I don't think it's there. You know what I mean. Like it's very clear. But yeah, I mean, I didn't know that it's. It's not really a thing. I don't really think it's just an interpretation. But yeah, I mean, I didn't know that it's not really a thing, not really a thing, it's just an interpretation.
Victor:Victor, what about you? Obviously, executive orders have their use. It always concerns me when they're overused and I think when a president is relying too much on executive orders, to me it's a sign of A they don't want to work with Congress. I always think of the question are they doing what people actually want, as opposed to just trying to be in control? Because, again, the Congress represents the country more than the president does. So if they want to just pass executive orders because they don't want to go through Congress, to me it's like they just want to go for more of a power grab. But I'm more worried about how many proclamations of more celebration days have been created and I don't know about. Did anyone get me a gift for right brother's day?
Cesar:no, I thought that was reversed with uh hunters.
Victor:Uh, awesome, that was national crack day.
Cesar:That's what we have on executive actions. They're powerful, they can shape history and they allow presidents to act quickly, but they're also controversial, easily reversible and sometimes challenging court. As we move forward, it's worth watching how future presidents use or abuse this power. Will executive actions continue to grow in influence or will Congress step up to take back some control? If you enjoyed today's show, hit that follow button and spread the word of this amazing podcast you discovered. We want you to be an active part of our community, whether you have questions, suggestions or just want to share your thoughts on our topics. We want to hear from you. Find us on Twitter at I'm Not Dumb but, and on YouTube at I'm Not Dumb but Podcast. Until next time, stay curious, see you later.