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Cake day: October 23rd, 2023

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  • I’ll bite… An executive order is literally just that, an order from the executive to their employees.

    So let’s say that you work at McDonalds, and the CEO (Chief EXECUTIVE Officer) of McDonald’s issues an order that the milkshake machine must be cleaned hourly. You do have to clean the milkshake machine hourly or risk disciplinary action. But if you work at Wendy’s you don’t have to give two shits about what the CEO of McDonald’s wants w.r.t. milkshake machines.

    Similarly, the president of the USA is the head of the executive branch of the federal government, and an executive order is just a directive to federal employees and federal agencies (i.e. people actually employed directly by the federal government). The president can’t make some random citizen or company in this country (with extremely limited exception) do jack shit.

    IN THIS CASE, the EO references Title VII of the Defense Production Act

    Section 708 of the DPA authorizes the President to consult with representatives of industry, business, financing, agriculture, labor, and other interests to provide for development of voluntary agreements and plans of action to help provide for the national defense. A voluntary agreement is an association of private interests, approved by the Government to plan and coordinate actions in support of the national defense. Under Section 708, Participants in a voluntary agreement are granted relief from antitrust laws . Voluntary agreements enable cooperation among business competitors to plan and coordinate measures to increase the supply of materials and services needed for military and homeland security purposes. For example, a voluntary agreement could be used to enable cooperation among suppliers of critical materials and services to plan and carry out emergency preparedness, response, and recovery activities.

    I’ve highlighted the critical parts for you.

    -–

    IMHO, more people need to at least watch the schoolhouse rock video about how bills become laws before voting. The only way to impose a new rule in this country (e.g. something every private company would actually have to follow) is to pass a bill through congress + senate + signed by president (or veto overrided) AND then stand up to judicial review (e.g. supreme court doesn’t bounce it for violating the constitution)