On the Abuse of Executive Orders
As prepared for delivery on the House floor
July 29, 1998
I rise in support of the Scarborough amendment to curtail funding for Executive Order 13083, President Clinton's efforts to grab power from the states in the name of "federalism."
Ronald Reagan had it right. In 1987, President Reagan reaffirmed the principles of federalism -- that powers not explicitly given to the federal government are reserved for the States and individuals.
The specifically enumerated federal powers that are designed to limit Washington's power are the very cornerstone of our fundamental liberties. It is at the heart of what the American people expect from Washington -- respect for their right to know what's best for them -- without Washington interference.
Unless we preserve a healthy balance between the States and the federal government, we risk the creation of a government that is beyond control, one insulated from the will of the people. It is for that reason that our Constitution lays out enumerated powers of the federal government -- powers given to it only by the people in the nation. It was the genius of the founders -- a way to ensure that no leader pandered away the wealth and resources of the nation.
In fact, a central theme of our 1994 "Contract with America" was the return of power to the States and the revival of federalism. The nation responded, with overwhelming enthusiasm.
I was astonished to learn that on May 14th, President Clinton issued a new Executive Order that overturns Ronald Reagan's 1987 federalism Order and repudiates a principle so deeply held by all Americans.
I was pleased to read in today's Washington Post that OMB has decided it erred in its federalism executive order based on unanimous opposition from states, cities, and counties. I commend Chairman David McIntosh for his hearing that demonstrated this opposition yesterday.
This amendment is still a valuable message to send the White House, and I commend the leadership of my colleague, Joe Scarborough.
I hope the committee will accept this amendment. I urge the committee, in the strongest possible terms, to retain this amendment as they work with the Senate and come to a final resolution on this appropriation bill. Congress must also be clear in rejecting this effort by the Administration to change longstanding federalism principles.
- "Stroke of the Pen.
- Law of the Land.
- Kinda Cool."
- -- Clinton Presidential Advisor, Paul Begala
Is there a more fundamental guarantee of liberty than this check on federal powers?
President Clinton's pronounced exceptions to federalism swallow up the principle with nearly one bite.
Paul Begala, one of President Clinton's advisors, in talking about President Clinton's increased use of Executive orders, was quoted as saying, "Stroke of the Pen. Law of the Land. Kinda Cool."
Kinda Cool, Mr. Begala? With a stroke of the pen, President Clinton undermined the foundations of federalism. With a stroke of the pen, he repudiated a time honored, fundamental principle that rules this nation. By a stroke of the pen he gave a green light to future unwarranted and unconstitutional national regulatory powers and actions. With a stroke of the pen, he may have done irreparable harm to individual rights and liberties.
As President Reagan would say -- "Well, there they go again."
President Clinton is starting to demonstrate a comfort level with an unprecedented use of executive branch powers -- trying to effect policy without going through the regular, time-consuming legislative process, where the American people are represented, negotiations occur and laws are made.
The Wall Street Journal labeled this phenomenon on July 8th in their lead editorial, as "King Clinton."
The editorial says we are witnessing "a Presidency that has attempted to build between itself and the other branches a kind of moat of non-accountability. … If it receives subpoenas, it rejects them or files lawsuits against them. Raw background files on hundreds in the political opposition are summoned from the FBI. … If Congress balks, overleap it with whatever executive order is needed, to satisfy the courtier constituencies." The editorial goes on to say, [it is time for the Congress] "to act as a check and balance on the assertion of the royal prerogatives."
Executive Orders, Presidential Memorandums, Presidential Decision Directives and Proclamations can sometimes have tremendous policy impact on the nation, yet they do not require the approval of Congress. They do have the force of law. These legal tools are not mentioned in the Constitution, but have grown up based on the implied powers inherent in the grant of "executive power" to the President in Article 2, section 1. President Clinton seems bent on using his powers until someone says stop.
The federal courts have stopped this President from legislating through Executive orders before. Who recalls President Clinton's Executive Order to forbid government contractors from hiring permanent striker replacements? There, the courts found the President had overreached.
Who recalls the Federal "land grab" in Utah? 1.7 million acres -- by "presidential proclamation."
What about the stroke of a pen addition of "sexual orientation" to federal anti-discrimination laws? All other "protected categories" were put into this Executive Order because Congress had passed a law for them -- race, gender, ethnicity, religion, handicap, and age. Previous efforts along these lines were based on statute, not political pressure and pandering. If this is the right thing to do, let's do it the right way -- through the legislative process, where the American people have a voice.
Then there is the dangerous manipulation or disregard of the constitution's wording when it comes to the census, as President Clinton pursues a politically motivated concept of sampling, rather than actual counting of people. The Constitution is a restraint on government power, but not for this team in the White House.
Consider the many legal maneuvers we have seen from this White House -- all in efforts to escape scrutiny. Using taxpayer funded lawyers oftentimes, this President is undermining executive branch accountability by invoking novel and frivolous constitutional privileges -- with the ultimate effect of hiding the facts from the public.
Who can forget the attempt to escape questioning by the Paula Jones attorneys by the claim that this President was "on duty," in accordance with the Soldiers and Sailors Relief Act? And, how can this President have such disrespect for the Secret Service that, instead of asking them to tell the truth, he seeks to establish a new "protective function" -- privilege, risking the making of bad law to save himself from potential embarrassment?
Who isn't appalled at the efforts by Clinton allies to intimidate political opponents or witnesses? Where is the outrage about the fact that we now know that this White House has an "enemies list" and that research on those enemies is bought and paid for by the president's lawyers?
In summary, Paul Begala may think this is "kinda neat," but President Clinton is running roughshod over our Constitution.
As for the Congress, it is time to make a stand. There is an abuse of power occurring that can no longer be tolerated.
It is time for the Congress to say, "enough is enough." In representing the American people, you and I are far too familiar with the fact that compromise and negotiation is difficult and slow -- yet, it is the very hallmark of divided federal government. Lawmaking and the process of making laws occur here, Mr. President, not with the stroke of your pen.
A vote against the Scarborough amendment is a vote for another form of government; it is a vote against the framers' vision of how we were to preserve our liberties.
I urge my colleagues to vote yes to affirm the federalism principles that Ronald Reagan articulated.
** uhuh **
The President said he is reducing taxes.
uhuh.
Congress says they are balancing the budget.
uhuh. Sez who?
Smile
and Force Congress to
Kick the Debt & Taxes Habit with
$$ Money System Honesty for Us People. $$
We demand the whole truth with an honest viewpoint.
Don't send money. Call Jo(e) Congress and send letters.
Forest Glen Durland, CEO. 14675 1/2 Big Basin Way, Saratoga, CA 95070-6081
Voice: (408) 867-4410; Fax: (408)868-9446; Click here for email.
Web Home Page: www.uhuh.com