The USA is a very CONSUETUDINARY nation, this was bequeathed as a legacy of the English Language and Customs, the History of England, and the "Anglo-Saxon" Language and Country that existed before the Norman Conquest of William the Conqueror in 1066 and before the English Language was really formed.
There is a lot of PRECEDENT about doing things by executive order, for example Theodore Roosevelt ( Republican ) use EOs to do something when the U. S. Congress was deadlocked, and there was a standstill that led nowhere.
Franklin Delano Roosevelt also used these Executive Orders, when there was a hostile U. S. Supreme Court with four evil horsemen and virtually all Presidents have used Executive Orders afterwards, including Republican Presidents.
It is very difficult to go against what is CONSUETUDINARY, at least in America ( but not in all nations ! ).
Consuetudinary (Medieval Latin consuetudinarius, from consuetudo, custom) is a term applied to law where the rule of law is determined by long-standing custom as opposed to case law or statute.
So, the U. S. Supreme Court can not change History and Custom overnight. And Obama could do a beautiful government without the Crazy Extremist Republicans.
But relax, I estimate that the Democrats will hold the Senate and there is a small probability that they win the House of Representatives ( let's say 10 or 20% ).
Obama can govern with an antagonistic Congress !
Vicente Duque
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