Seeing lots of statements in my Twitter feed to the effect that Trump's executive orders are unconstitutional. I think that's wrong. Some of the EOs (technically, in 3 of 4 cases, presidential memoranda) are likely ineffective. Some may be unwise. They're not unconstitutional 1/
The memo on unemployment relief (whitehouse.gov/presidential-a…) relies on statutory authority (42 USC §5174(e)) to provide financial aid to disaster victims. Congress gave the President this authority in the bipartisan Disaster Mitigation Act of 2000, signed by President Clinton 2/
For this to work, governors will need to request aid, & states must share 25% of cost. This may require a new act of the legislature in some states (though if governors have the authority but not the cash, looks like they can borrow from future FEMA $$$ under 44 CFR 206.110) 3/ 
There are other weird regulatory requirements that seem like awkward fits for present circumstances, like the requirement in 44 CFR 206.119 that applicants seek help from the Small Business Administration first. But the administration *can* fix that on its own 4/
None of this is to endorse the administration's action--Trump should have worked in good faith w/congressional Dems to reach a deal, & the Dems are right on the policy merits that a comprehensive package w/significant aid to states, schools, etc is better than this Band-Aid 5/
The memo on payroll tax deferral (whitehouse.gov/presidential-a…) is ineffective, not unconstitutional. The president (or really this time, his Treasury secretary) does have the authority to delay deadlines in a disaster under IRC § 7508A 6/
The issue is that deferral doesn't ultimately relieve employers of payroll tax liability, so many employers will continue to withhold Social Security taxes from paychecks lest they be on the hook for the $$$ next year. So this likely won't do all that much ... 7/
... other than give employers a headache when they have to figure out what it all means. (Also a nice stimulus package for tax lawyers in private practice, who are going to be billing a whole bunch of hours over the next several weeks advising clients what to do!) 8/
The EO on eviction relief (whitehouse.gov/presidential-a… -- this one is actually an EO, not a memo) does absolutely nothing, other than instruct HHS, CDC, Treasury, HUD & the FHFA to maybe do something if they choose 9/
Our objection to this ought to be that Trump should have done *more* -- not that he didn't do enough. . 10/
Finally, on student loan relief (whitehouse.gov/presidential-a…), the Ed Sec'y *does* have authority to defer student loan payments for borrowers experiencing economic hardship. For that, thank Clinton & Senate & House Dems who gave us the Omnibus Budget & Reconciliation Act of '93 11/
All of which is to say: We should criticize Trump & Senate Republicans for their unwillingness to pass a comprehensive aid package. But we should save the charge of unconstitutionality for the actually unconstitutional stuff (& there's so much of it -- but not this) 13/13
