11/21/2014

Nelson: How To Stop The President's use of Illegal Executive Orders...

by Ronald A. Nelson Col.USA (Ret)

11-21-2014

The House of Representatives should immediately draft and pass a House Resolution (HR) informing the United States Civil Service of their duty to obey the laws and regulations of the United States as passed by Congress. Every Government employee must be informed that obeying illegal Executive Orders may be a criminal act. As soon as, the new Congress is seated, the entire Congress, should also pass a Congressional Resolution (CR), informing the Civil service of their duty to refuse illegal Executive Orders.

Both the HR and CR should list the Executive Orders and any implementing directives Congress considers to be 'illegal orders'. It should also contain the address for a government website, where a list of illegal 'Executive orders' and other directives from this President will be kept and updated by Congress from time to time.

The Civil Service... including the IRS, FBI, Border Patrol, ICE, Treasury, DHS, DoD, and every government agency and employee must be informed by direct notice and public posting of the Congressional Resolution... of their liability, should they implement any of the illegal Executive Orders. The Civil Service must be reminded that they are directly accountable for remaining within the law and that knowingly obeying or implementing illegal Executive Orders... is unlawful and will be dealt with as such.

Lists of those Executive Orders Congress considers to be Illegal along with any promulgating regulations, directives, memorandum or other instructions issued by the President and the Administration... by number, title, and other applicable reference criteria, should be readily accessible to all civil servants. Congress must make it clear that the list is not inclusive and that other orders or regulations may be illegal. They must remind the civil servant of their duty to refuse illegal orders or they may suffer penalties up to and including criminal prosecution.

The President can not implement his 'Executive Orders' without compliance by the Civil Service ... if the Civil Service refuse to comply, the President becomes powerless to implement his orders... However, Congress must act promptly, to disseminate a list of those 'Executive Orders' it deems illegal: listing those orders it maintains are in violation of the current law(s) or are un-Constitutional usurpations of powers not allocated to the President.

Inform your members of Congress of this suggestion immediately... The Civil Service should be reminded of their duty to refuse unlawful orders. They also must understand that obeying an illegal order may be a criminal act, subject to prosecution. Following orders is not an excuse for braking the laws of the United States. Such a defense was offered by members of the Nazi party and their military and was found to be without merit. Likewise, any defense that claims a civil servant was following orders will meet with the same fate... it is not a defense for braking our laws.

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