The governor is using unConstitutional executive directives to set aside laws with which she disagrees, first with her expansion of Elliott-Larson, now with the order to halt construction of the Enbridge tunnel; she disingenuously equates them with executive orders on her website, downplaying the importance of the need to file orders with the secretary of state's office:
"What is an Executive Directive?
"Similar to executive orders, executive directives are issued by the Governor to establish basic internal policy or procedure for the executive branch of state government, assure the faithful execution of law, and to supervise state departments. Executive directives often establish guidelines, rules of conduct, or rules of procedures for state departments and their employees. Executive directives are signed by the Governor and distributed to state departments and agencies, but not filed with the Secretary of State," https://www.michigan.gov/whitmer/0,9309,7-387- 90499_90704---,00.html.
The problem is, this is a lie.
An executive directive is NOT similar to an executive order - and the governor, who served in the legislature prior to winning the governorship - is fully aware of this.
An executive directive is used to direct the activities of agencies under her executive authority; it brings with it no additional authority and there is no basis in the Constitution for its use as a tool to modify or create law.
An executive order is provided Constitutionally to the executive. It CAN be used to establish laws, even potentially change legislation. However, an executive order must be duly published to the Secretary of State's office prior to being submitted to the state legislature. The legislature has the authority to override an executive order to prevent it from taking effect.
The difference is significant.
She will be successful in lowering the legal standard as long as the legislature allows her to treat directives as orders.
Through her use of executive directives, for which there is NO Michigan Constitutional provision (she has already used more early directives than almost any other governor before her), NO enumerated authority to use as an instrument to enact fiat law, and NO legislative oversight, she is rapidly building the case for impeachment as she abuses her Constitutionally-enumerated authorities and the provided system of checks and balances.
Republicans need to publicly call her out on this abuse of power before she can solidify her position and incorporate the use of directives as acceptable policy instruments.
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