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The EO is, I think, really just a statement of policy from the Executive branch. It doesn't really override the Supreme Court, which is another reason for us to disrespect Gephardt on the matter. If he understands the issue, he never should have made the statement; if he doesn't understand the issue, he should never be President.
Truman used an EO to segregate the military, after the other branches didn't take an interest in the issue. That makes sense; Truman was Cmdr in Chief, and certainly had the ability to establish policy for the armed forces. Later, Truman tried to use an EO to take over a steel mill, and the SC prevented it on behalf of the owners, saying that the Pres didn't have that kind of power.
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