REPLY FROM CONGRESS ON EO 13083
By: Forest Glen Durland -- to Heads Up
Friday, June 12, 1998, I received a call from Mr. Dobie McArthur, aide to U.S. Senator Richard Lugar (R-Ind.). Apparently, Lugar's office has been receiving a number of calls regarding Clinton's Executive Order 13083.
Mr. McArthur wanted to know just what in the Executive Order we found so detrimental. He states that all he could see was a restatement of support to the Constitution and the government. He pinned me down by asking me to state the exact paragraphs we felt offensive. This put me in a bind.
An effort was made to explain that Clinton writes covertly and deviously, making it necessary to read with an ability to diagram sentences. This did not set well. An effort was exerted to emphasize the necessity to read the Executive Order from the eyes of a criminal. He did not seem to understand.
An example was made in Section 1(c) in the definition of agency. He pointed out that it limited the president by laws Congress had passed. I pointed out that it limited Congress. The president could say, "OK, you guys say these are agencies," and proceed from there.
McArthur selected Section 3(c) to illustrate that Clinton's Executive Order limited itself and protected the people. From that paragraph I selected the clause "should not necessarily" and stated that it was open-ended and that Clinton will use that clause as license to do anything he wishes.
Mr. McArthur could not answer why the President was allowed to make laws when the Constitution states that only Congress can make laws. I tried to pin him down, but he bowed out at that point.
He always diverted to existing laws, but I would interrupt and insist on basic Constitution. I declared that no one can bypass or skirt around the Constitution, and that, therefore, all Executive Orders that become laws are unconstitutional. He could not counter that point without referring to existing laws.
In short, Mr. McArthur would NOT agree to stop the Executive Order until we had time to discuss essential points, such as the basic Constitution, before all else.
McArthur stated that it is not true that we have been under emergency status continuously since 1933, quoting laws ending all PREVIOUS states of emergencies after Nixon abused them.
I pointed out that PREVIOUS did NOT affect the future. Mr. McArthur was asked why Clinton used emergency status to send troops to Bosnia. He answered with a myriad of reasons, such as the President has the authority to do such things, and that Congress did not end the funding. He quoted Teddy Roosevelt as sending ships and troops half way around the world. There was no money to bring them back, so Congress was stuck with funding to get them home.
My reply was, why does not Congress stop the LAW? His rely was that there had been attempts, but that Congress did not pass them.
We agreed to disagree, but also to continue correspondence on this important issue. This, and future correspondence, can be found at my web site at:
http://www.uhuh.com/nobypass/list13083.htm
Click on the appropriate headings
or simply remember
Click on talk about EOs and the Constitution and you are there.
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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.
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