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The reason this isn't a loophole is that The President doesn't have the power to make lawsThe President doesn't have the power to make laws at all, only Congress can do that. Thanks to the vast expansion in the power of the Executive branch in recent decades, Executive Orders certainly seem like laws which The President can make on their own. Legally, though, they are actually just instructions to employees of the Executive Branch on how to interpret laws passed by Congress.

So, while The President could attempt to use Executive Orders to limit Constitutional rights, the authority of that order would be rooted, however tenuously, in a law passed by Congress – and it could be found to violate the Constitution by the courts.

The U.S. Supreme Court has held that all executive orders from the president of the United States must be supported by the Constitution, whether from a clause granting specific power, or by Congress delegating such to the executive branch. Specifically, such orders must be rooted in Article II of the US Constitution or enacted by the congress in statutes.

https://en.wikipedia.org/wiki/Executive_order#Basis_in_the_United_States_Constitution

The reason this isn't a loophole is that The President doesn't have the power to make laws at all, only Congress can do that. Thanks to the vast expansion in the power of the Executive branch in recent decades, Executive Orders certainly seem like laws which The President can make on their own. Legally, though, they are actually just instructions to employees of the Executive Branch on how to interpret laws passed by Congress.

So, while The President could attempt to use Executive Orders to limit Constitutional rights, the authority of that order would be rooted, however tenuously, in a law passed by Congress – and it could be found to violate the Constitution by the courts.

The reason this isn't a loophole is that The President doesn't have the power to make laws at all, only Congress can do that. Thanks to the vast expansion in the power of the Executive branch in recent decades, Executive Orders certainly seem like laws which The President can make on their own. Legally, though, they are actually just instructions to employees of the Executive Branch on how to interpret laws passed by Congress.

So, while The President could attempt to use Executive Orders to limit Constitutional rights, the authority of that order would be rooted, however tenuously, in a law passed by Congress – and it could be found to violate the Constitution by the courts.

The U.S. Supreme Court has held that all executive orders from the president of the United States must be supported by the Constitution, whether from a clause granting specific power, or by Congress delegating such to the executive branch. Specifically, such orders must be rooted in Article II of the US Constitution or enacted by the congress in statutes.

https://en.wikipedia.org/wiki/Executive_order#Basis_in_the_United_States_Constitution

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The reason this isn't a loophole is that The President doesn't have the power to make laws at all, only Congress can do that. Thanks to the vast expansion in the power of the Executive branch in recent decades, Executive Orders certainly seem like laws which The President can make on their own. Legally, though, they are actually just instructions to employees of the Executive Branch on how to interpret laws passed by Congress.

So, while The President could attempt to use Executive Orders to limit Constitutional rights, the authority of that order would be rooted, however tenuously, in a law passed by Congress – and it could be found to violate the Constitution by the courts.