February 15, 2021

Last night on the news I heard a commentator say something that was incorrect but seems to be a common misconception. I would like to speak out and correct that if I can.

The news story is irrelevant but is necessary to make the point. The news story was about transgenders in sports. Apperantly Idaho has had a law for over a year that prohibits biological males from competing in women's sports. President Biden recently signed an exectutive order prohibiting schools from banning transgenders from competing as the gender they associate with.

The comentator then said that the executive order "overturns" the state law.

That was an incorrect statement for two different reasons:

  1. Executive Orders: The President is not a member of the legislative branch of the federal government; he is the head of the executive branch. The legislative branch, among other things, creates the federal laws - the President does not. Executive orders are not law. According to the Federal Register of the National Archives
    Federal Register - Executive Orders
    "The President of the United States manages the operations of the Executive branch of Government through Executive orders."
    Any attempt to use executive orders to direct what happens outside of the executive branch of the government is overreach.
  2. The 10th ammendment: The ammendment states
    "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people."
    Since schools are not constitutionally the purview of the federal government, they have no say in the matter. Unfortunately, many state and local entities receive federal funds which leaves them open to coersion by the federal government.

So there you have it.

The president does not have the authority to overturn the idaho law.
In this case, neither does the US congress. The only say the federal governement has in the matter is if the judicial branch declares the Idaho law unconstitutional.