President Obama's Threat To Use The Executive Order: A Sign Of Things To Come?

President Obama stated in his State of the Union address to the nation: "wherever and whenever I can take steps without legislation to expand opportunity for more American families, that's what I'm going to do." He has already signed an executive order raising the minimum wage for workers under new federal contracts to $10.10 an hour. He also announced a plan for new government-sponsored savings accounts where employers do not offer 401(k) accounts. This has generated criticism. Senator Ted Cruz (R-TX), for example, has accused the Obama Administration of an "Imperial Presidency." We would note, however, that this is not the beginning of a go-it-alone approach. Federal agencies have been moving forward in areas where Congress has not, including regulating emissions from coal-fired plants, and increasing affirmative action requirements for federal contractors. But the use of the executive order is a step further.

Executive orders have been used by every President since George Washington, across a...