Suing over Presidential Executive Order

 

It seems his highness King John Boehner is displeased. He claims his chief servant President Obama has overstepped the authority granted to him by the ruling caste. The Republican Party. He has committed this heinous crime by using powers granted to him under the Constitution of the United States commonly known as Presidential Executive order to create laws and policies republicans don’t like.

It also seems crazy republicans want you to believe President Obama either doesn’t have, or is abusing and or making more Executive Orders than any other president. That is very and I do mean very wrong.  At the date of this writing President Obama was yet to issue the same number of Executive orders issued by President Bush or Regan.

While executive orders are considered federal law valid around the nation, there are 3 ways to overturn an executive order. 1st if congress could ever get its act together it could veto the order, 2nd the Supreme Court can overturn an executive order, (I have included an example in this post) finally the next president can terminate or rewrite an executive order. There are some orders which do have a built in termination date. Originally executive orders were limited to the administration of different governmental departments and how that department would deal with a federal law directly effecting department operations. Now, thanks to President G.W. Bush’s National Security and Homeland Security Presidential Directive (National Security Presidential Directive NSPD 51/Homeland Security Presidential Directive HSPD-20, the powers of the executive order has greatly expanded. You see, prior to this directive a president could respond to a threat or danger with military force but after a period time the president would have to go before congress and ask for a declaration of war, if refused the president would have to bring the troops home. (Just so you know the presidential directive is not an executive order.) Directives can also be challenged like an executive order and can be renewed like an executive order. A few in congressmen did try to challenge but were overruled by their fellow congressmen. That’s how we got into the 10 year Iraq war and the power to declare war now resides with the president.

 To make these changes permanent unchangeable law a senator or congressman must decide it is a good change and introduces a bill in support of the executive order or the president talks someone into introducing the bill. Than manages to get it through both houses so he can sign it the order will expire. Also the incoming president could renew or terminate an executive order if someone tells him about it or slips it in among a pile of other things requiring his signature. If none of this happens than the executive order will find its way into his or her ‘presidential library’. Where it will probably be forgotten.

 Now the Supreme Court can override and or nullify of an executive order. Let’s look at executive order 10340 created by Harry Truman. This order expropriated and federalized the steel industry. Executive order 10340 was canceled by the Supreme Court in 1959.

 Now there are federal laws that do have a time limit. President Obama created Protecting Tenants during Foreclose Act (P.T.F.A.) during his 1st term in office. The difference between an Act and an executive order is there was at least some congressional support. The P.T.F.A. dealt with a landlord tenant issue.

 More Next Week

 

 

 

Serf-Dom What is it?

Let me start with the fact that there are two types of republicans. There are Republican’s who are defiantly old school republican. President Lincoln old school. They believe what you get in life depends on how much work and effort you put into achieving it. A lot of them have changed their name to Conservative.
Then there are crazy republicans, who seem to believe ‘if you were a good person would have been born rich. So if you are poor than you must be bad, and if you are bad it is God’s will you that you must be punished. Who am they to go against the will of God?’
So with the crazy republican war on people stupid enough to be born poor, I have begun to wonder if slavery and serfdom are far away. After all in the incredibly poor countries it is quite common for parents to sell their children into slavery. Telling themselves it is better than watching them slowly starve to death and that their master will at least feed them. And With the money they get from selling their child, for a while they can feed their remaining children.
You know some republicans have been quoted saying that serfdom isn’t slavery and that all Lords of the Manor are good managers. That all Lords are Good honest caring people that look after their Serfs. After all that’s what TV says and TV is always right isn’t it?
Now, lets get to the main question, what is Serfdom? That crazy republicans want to reduce us to. A Serf is a tenant who lives on land owned by Landlord. As a Serf you work for the Landlord and you don’t get to quit. As a Serf you are bound for life to the service of your Landlord. So are your children and your spouse. This means your Landlord decides where you will live, who or if you will marry, and what career you will follow. If you want an education that’s up to your Landlord not you. If you decide you want to move or change careers sometime during your serfdom you will have to get your Landlord’s permission. If you have a nice Landlord 10% of any money you make after all expenses have been deducted will go into yours pocket. The rest will go into your Landlord’s coffers. That is if you are allowed to keep any of the money. It’s more common for your Landlord to keep a 100% of whatever you make ‘after expenses’.
Let’s say you Landlord storms into your house looking for a toilet takes an unwholesome fancy to your spouse or one of your children. Guess what, you do not get to say no or throw them out, all you get to do is to smile as your Landlord takes your loved one and or children away to be used as your landlord pleases for as long as they please. After your loved one is gone you don’t get to call the cops and file kidnaping charges all you get to do is pray to God that your loved is not to badly damage. If by some miracle they are returned to you all you can do is hope they can forgive you for not protecting them.
But hey, you a free-born, you are not Slave. After all you can’t be bought or sold. Well At least not to your face. You see your Landlord can sell your services to another Landlord. Which means you are moving whether or not you want to. If you have a spouse and or children it is up to the Landlord which bought you if they will go with you, but hey you aren’t a slave.

SCRA or Service Member’s Relief Act

And so once again, I am a Paralegal I am not a Lawyer. So this is in no way be taken as legal advice. This is legal information only. Also let us not forget when a lawyer or a paralegal becomes your problem becomes an ISSUE.
As I said last week, with the end of the “Unemployment insurance gray train is over.” I think information about Bankruptcies will be very important. There are 3 types of bankruptcy most people will most often need.
As a veteran, I want to talk about is the SCRA or Service Member’s Civil Relief Act bankruptcy 1st. It was created in 1940 with the name of Soldiers and Sailor’s Act. This act can be found at 50 U.S.C. app. §§ 501 et seq.
The right to file for SCRA bankruptcy lasts the entire term of being on active duty plus 90 days. So if things crash or you discover things have crashed while out processing you can still ask for SCRA protection.
The major thing about the SCRA is a soldier or sailor’s wife or husband can start a SRCA for Bankruptcy protection. While a soldier or sailor is out of contact and or busy fighting for our country. Using the SRCA you can get help with debts like, past due credit cards, mortgage payments, back taxes and lease evictions.
It goes back to the promise we make our service personal, ‘If you risk all to protect us, we’ll protect the loved ones you leave behind.’
Okay, if your family’s major money maker is on active duty overseas or stationed someplace like and a creditors wants to file for a default on debt complaint. A creditor must file an affidavit proving that the military debtor is available. That they had made every effort to contact the active duty debtor and s/he has ignored the situation. This must be done before the judgment can be entered. If creditor does get the default judgment, you or your lawyer or legal service can file an affidavit telling the court that yes the military debtor was not available. This will stop things until the military debtor can be contacted. If the creditor challenges your affidavit the trustee can’t decide who is telling the truth h/she can appoint an attorney to protect the military debtor. Also another option the Trustee could make the creditor pay a bond before allowing a default go into collections.
SIDE-NOTE: A Bankruptcy Trustee 9.9 times out of ten is a lawyer employed by the Federal Bankruptcy courts. A Trustee more or less act as the judge in administering the bankruptcy cases making sure everything is done correctly.
SIDE-NOTE: A surety bond is an amount of money equal to the current market value of the property the Trustee is going to allow the creditor to take. The bond will be held by the court until the Trustee is sure no one was cheated.
Next week I am going to repost an article about presidential orders. Then I will move back to bankruptcy. Also I should have my scheduling problems worked out.

\

Side Note: part 2

As I said before, please remember when a lawyer becomes involved your problem becomes an issue and that I am a paralegal not a lawyer.
The P.T.F.A. was signed into law May 21, 2009. Prior to P.T.F.A. a tenant could be evicted from a property with as little as 24 hour notice if the property owner was forced into foreclosure. Even if the tenant had a lease and was paying the rent on time every month, the eviction could happen. Under P.T.F.A. if a property is forced into foreclosure, the Bankruptcy Trustee or new owner is required to maintain the property as is for the remaining duration of the longest current lease term.
For example, in a multi-tenant property where renter 1 has a 6 month lease and another renter has a 2 year lease, the property must be maintained for the 2 years. However, the tenant with the 6 month lease could still be forced to move when their 6 month lease expired. All amenities promised in the lease, like utilities being included in the rent must be maintained duration of the lease.
Month to month tenants were also included in the order. Under the P.T.F.A a month to month tenant will have 90 days if they are ordered to vacate the property.
Just so you know under executive order section 8 and H.U.D. subsidies where to be considered as leases under the P.T.F.A.
Of course, you have to prove that you have maintained your end of the lease with rent receipts and a hardcopy of your lease.
Now P.T.F.A. was original set to expire December 2012. P.T.F.A. was renewed in April 2013 under Dodd-Frank Wall Street Reform and Consumer Protection Act H.R. 4173. Extending the termination date to midnight December 2014. So as you can see, an executive order might very well be a great quick but very temporary fix to a problem. A permanent lasting fix still has to go through the usual channels. At least while we are still pretending to live in a democratic country not a plutocracy.
Side-Note: Barnett “Barney” Frank (born March 31, 1940) United States House of Representatives Massachusetts from 1981 to 2013. I believe he was instrumental in getting this added to the Wall Street Reform and Consumer Protection Act. I would very much like to see him in the senate I think he would create a lot of problems for the idiots in the senate.
I know there has been a lot of hoopla over the number of executive orders President Obama has made. Just so you know, I would like to point out, according to the federal register President Obama has only made 151 executive orders compared to President G.W. Bush’s 300.
Excuse me for getting a little political but I am human after all.

Next week we will pick up with why lawyers are so interested in money.