Fixing the problem of Executive Orders

   Executive orders have been around almost since our founding with George Washington issuing 8 such orders.   The president with the record of MOST Executive Orders is good old Teddy Roosevelt with a whopping 1,081 Executive Orders issued and the only president to NEVER use it was William Harrison.  While many will argue that it's not the number of orders but the power of each Executive Order that is abused we still must somehow come to grips with and how to balance such power whether for good or for bad.

   I have watched countless political pundits on TV list things congress can do to stand up to the President and his idea to use Executive Orders to "fix" the immigration issue that he says he has "grown tired" of waiting for an answer from Congress.  Their ideas to fix  this "Constitutional Crisis" range from impeachment (which they don't have the stomach for), to suing the President, to shutting down the government or de-funding parts of the immigration department.   None of which seems effective against this President as he has nothing to lose with only 2 years left and his "legacy" will be written by liberal scholars and glossed over in time with him being America's first Black President (Sorry Bill).   Also, the President, who claims to be a Constitutional scholar (though he was never a tenured professor of any college), has it completely backwards.  He has said that Congress can always pass a law that super-cedes his "law" (he meant order...but you get what he means).  But that is not our system.  Congress passes legislation and the President can veto them.  The president does not make laws and Congress vetoes them with legislation.   In fact, nothing would stop the president from vetoing their legislation in the end by declaring their law as either "wrong-headed" or "going too far" and letting his "law" super-cede theirs.
  
     But there is another answer for this Constitutional Crisis and its staring you right in the face.

     It's the Constitution of course!

     The only way to fix a Constitutional Crisis is to have a Constitutional fix.  And I think given the

situation right now it is ripe for implementation since both the left and the right are on record as being against Executive Orders (when its the other side of course).   Congress now sees that their power is dwindling and the President is usurping most of it from them.   And as in the words of that great political thinker, Rahm Emmanuel, who said "We should never let a good crisis go to waste" we too should take advantage of this crisis as well.

     What can be done?

     First of all we must accept that some executive action is required at times to address issues that cannot wait for Congress to convene or are too trivial to be of their concern.   So while we don't want to strip the President of all of his power to manage minor governmental details, at the same time Congress does need to have a check to determine if his actions are encroaching on their authority or are in defiance of the people and the Constitution that we live by.

    An answer came to me while watching an NFL football game.  Today each coach is given the power to play "referee" during the game by the throwing of a "red flag" to request the last play to be reviewed by the leagues referees (who are watching the game in New York).   The coach is given 2 red flags per game.   He must use these flags wisely because if the ruling on the field stands (was deemed correct) then the coach loses the flag and is also charged a timeout.   If he's right and the ruling is overturned he gets his flag back and is not charged a timeout. Call it an "NFL check and balance".

   A similar process could be done for Executive Orders.  First of all, the president would have a special Executive Order pen.   Second his order would need to provide an expiration date of no more than 90 days.   During this 90 day period, Congress can convene and vote on allowing his order to stand or not.  If they approve the EO, the President gets his Executive Order pen back immediately.  If they veto his order, he loses his pen for TWICE the expiration time (max of 180 days).  In this way he is prevented from re-issuing the exact same order back-to-back indefinitely (there could be an additional clause that after 4 vetoes he loses his pen for the remainder of the year or term.

    I believe Congress could get this done as both side hate it when Presidents abuse this power and it would re-balance the power between the Executive Branch and the Legislative Branch at the same time give the President some control over the government.