The announcement of Executive Order 1385 issued by Vice President Joe Biden in 2021 was an important step towards dealing with racial equity in federal programs and policies. It was entitled Promoting Equity in Racial Equity as well as Supporting the Underserved Communities through the Federal Government, the order was designed to alter the structure of government to encourage inclusion. But a crucial issue is whether the executive order of 13985 invalidate any laws? To understand its implications, it is necessary to conduct an analysis that is thorough of the scope of its authority, legality and the broader scope of executive actions.
Understanding Executive Order 13985
Executive orders function as instructions issued by the President to oversee the operations of the government of America. Although they have a lot of authority, they don’t have the authority to amend or alter laws passed by Congress. Executive Order 13985 concentrates on integrating racial equity within the frameworks of federal agencies. It calls for an examination of policies, and identifies obstacles to equality of opportunity and aims to create strategies to ensure that everyone has equal access to resources of the government.
The order is not interpreted in the form of legislation, but rather an executive directive. It requires federal agencies to determine if their actions inadvertently cause inequality in society and requires them to suggest solutions. By doing this it strengthens existing laws instead of altering or reversing them.
The Legal Boundaries of Executive Orders
To determine if that executive decree of 13985 repealed the law, it’s necessary to analyze the legal framework for executive orders. The president can issue such orders in accordance with their constitutional rights or with the authority of Congress. But, they are not able to override laws that are statutory unless they are explicitly granted by law. If an executive order was to contradict existing laws and regulations, courts could declare it unconstitutional. Congress could take action to limit its effects.
Executive Order 13985 doesn’t override federal statutes in place. It is a complement to civil rights laws like that of the Civil Rights Act of 1964 and the Fair Housing Act, which seek to eradicate discrimination. The order improves enforcement by requiring agencies to reevaluate their policy as well as take proactive measures to making sure that there is racial equality.
Impact on Existing Regulations and Policies
Although the executive orders does not repeal or alter laws in any way, the executive order can influence the policies of federal agencies’ internal departments. It requires agencies to review how they allocate funds and how they implement programs. For example, government agencies were required to look over procurement procedures, grant-making processes and methods of service delivery to determine if there are racial differences.
Certain agencies have issued new guidelines in response to their findings. For instance, the Department of Justice, for instance, has reaffirmed its commitment to enforce laws against discrimination. The Department of Education focused on equality in access to education. These changes are in line with federal laws, but don’t eliminate or rewrite these laws.
Judicial and Legislative Considerations
The judiciary plays a significant function in determining the validity the executive order. If an executive order were to violate constitutional limits or infringe on the existing laws, it may be subject to legal challenges. But Executive Order 13985 is not being challenged by the courts, since it is a part of the administrative system, rather than as a legislative attempt.
Congress has the ability to amend, override or block executive actions. If lawmakers believe that the executive order did not conform to legislative intentions, they could propose measures to combat the order. However, because the order is primarily focused on agency reviews and recommendations, rather than creating new legal requirements and regulations, it has not received any significant legislative opposition.
Addressing Misconceptions
It is often believed that executive orders serve as laws that are able to overrule existing laws. In reality, they function as tools for management within the Executive Branch. Although some orders carry significant policies, the orders have to be within the legal framework.
Another misperception one of the most common misconceptions is that Executive Order 1385 eliminates or replaces existing policies. Actually it expands upon and strengthens existing legal frameworks designed to encouraging racial equality. In requiring federal agencies to examine their policies, this order promotes an approach that is more inclusive without overturning prior legal guidelines.
Conclusion
To answer the question “Does the executive order of 13985 revoke any laws?” No, it doesn’t. Executive Order 13985 is not a law that can be overturned. have the authority to alter legislation, but rather strengthens efforts to increase racial equality across federal departments. It is an administrative order, requiring the government agencies to examine and modify practices to assure fairness. The order is consistent with existing legal frameworks improving their implementation, rather than tearing them down. By encouraging an inclusive approach Executive Order 13985 enhances governmental accountability and sets the stage to more equitable policies, without the need to repeal any laws.
