Ron Pecinovsky
on June 8, 2025
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READ THE ABILITIES OF THE PRESIDENTIAL ORDER TO LAW ENFORCERS IS ALL ENCOMPASSING FROM PARK RANGERS TO POLICE TO A SHERIFF IN NO SHIT, NEVADA.
No, mayors and governors generally cannot simply "deny" or overrule a presidential order related to national security.
Here's why:
Supremacy Clause: The U.S. Constitution's Supremacy Clause establishes that federal law, including valid executive orders related to the President's constitutional powers, takes precedence over state and local laws.
Executive Orders: Presidential executive orders are legally binding directives issued by the President to agencies within the executive branch, and they can affect private citizens as well. Governors and mayors are not part of the federal executive branch, so they are not directly obligated to comply with presidential executive orders.
Challenges: However, state and local officials can challenge presidential orders through various means:
Legal Challenges: They can file lawsuits arguing that the order is unconstitutional or exceeds the President's authority. The Supreme Court has the ultimate authority to interpret the Constitution and determine the validity of federal laws and actions.
Refusal to Enforce: While states cannot nullify federal law, they can refuse to cooperate with or assist in the enforcement of federal laws, including those related to national security. This is supported by the Tenth Amendment and previous Supreme Court decisions.
In summary:
Mayors and governors cannot legally nullify or veto presidential orders.
They can challenge or refuse to assist in the enforcement of such orders.
In situations of conflict, federal law and actions, if found constitutional, will generally prevail.
Important Considerations:
Specific Situations: The ability of mayors and governors to resist federal action can depend on the specific circumstances and the nature of the presidential order.
National Guard: In matters involving the National Guard, governors have the authority to deploy the Guard under their own command (State Active Duty) or consent to federal requests for deployment (Title 10 or Title 32 orders).
Intergovernmental Cooperation: While legal battles and resistance can occur, cooperation between federal, state, and local governments is essential for effective national security efforts.
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