As to the constitutionality of 'executive orders' the answer you will find is in Article II of the U.S. Constitution. That is where the presidential duties and powers are defined. There is no provision there for 'executive orders'. In our constitution, if the power is not stated, then it does not exist.

Your next question may be "Then why do our presidents do it and get away with it?". The answer is because the congress is silent and does not stop this 'sidestepping' of our legislative body 'the congress'.

The constitution is a fundamental document of 'enduring principles and duties(powers) of our 3 branchs of government. It is to be applied as the founding fathers intended, not as a current generation views it. Please consider reading our constitution and a book called 'Federalist Papers'. The Federalist Papers were writings (concerning the original intent of the newly drafted constitution) that were put in a New York newspaper by John Jay, Thomas Jefferson, & James Madison. The new constitution had yet to be ratified by the states and these fellas believes some explaining was important. Much of the feedback from these letters led to the adoption of the 'Bill of Rights' (1st ten amendments) in concert with the original constitution.

Glenn Freeman (constitutional scholar in Omaha, NE) is publishing a book concerning our constitution and should be out sometime in July 2011. The may be a tremendous resource on making sense today out of a very simple document. Currently I am using a 'Constitution Made Easy' guide with dvd's and a study book that is put out by the website www.rickgreen.com. I am anxious for Glenn's book as his approach is "If it does not make sense, then something is not right." As your original concern was about the constitutionality of 'Presidential Executive Orders'; it just does not make sense to bypass congress. And it does not make sense for congress to remain silent.

Virtually all of our nation's ills can be traced back to un-constitutional actions/statutes by our Federal Gov't, State & Local Gov'ts. Our country has been out of control for some time. A major change happened during the civil war; next was the establishment of a central bank called the Federal Reserve; and then from 1965 on through today the destruction of our republic has been happening at a breakneck speed from the inside of our country. All of this is because our elected leaders take the oath to support & defend our constitution; then continue to do what they want while disregarding our constitution.

There is a solution. Vote the bums out (even the bums you like), and replace with people that truly will support & defend our constitution. This includes all levels from school board on up.

Remain vigilant. This is still OUR COUNTRY!