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Kathleen
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Faking
Federalism
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Casper Star Tribune, August 1998
Surprise! Halloween
comes twice this year. The traditional time will be on October 31st.
The political time was on May 18th. Masquerading as President, Bill
Clinton gathered up his courage and waited until he was in Manchester,
England to sign Presidential Executive Order (PEO) No. 13083 entitled
Federalism.
Perhaps being in
England resulted in more then jet lag. A time warp would perhaps account
for him conducting himself as a ruling monarch of old. Such monarchs
are renowned for their legacy of arrogance and disregard for legal details
of governing. Apparently Bill Clinton decided that he had finally found
just the legacy he had been looking for in these role models.
Federalism refers
to the organization of our government how the states have agreed
to organize to govern according to the U.S. Constitution. Separation
of powers and a government by the people are at the heart of the term
federalism. This becomes very important if and when an Administration
attempts to take power from the states that the Founders of the Constitution
intended to remain with the states.
Education, interstate
commerce, health care, population distribution, natural resource utilization
are only some of the areas that would have been negatively affected.
Legal requirements to publish any intended PEO in the Federal Register,
alerted and protected the American people for now. Fortunately, watchful
congressional and concerned Americans intervened.
Bill Clinton was forced on August 5 to suspend this PEO which would
have gone into effect August 14. The operative and worrisome word is
suspended. This is the red flag that should tell all Americans that
the Clinton/Gore Administration will attempt to implement this same
agenda piece by piece. Make no mistake; they will attempt to find a
less public and less scrutinized mechanism to achieve the same goals.
What were and are
some of these goals? Who would determine when federal action was needed
to achieve them? Well, agencies of the United States government that
come under 44 U.S.C. 3502(1) would qualify. They would decide if and
when the powers of this Executive Order would be invoked. According
to Executive Order 13083 this could be: Any action outside of a state's
borders. (Example- interstate commerce)
When there is a need for uniform national standards. (Example-education,
health care, environmental) When the matter relates to Federally owned
or managed property, or natural resources, trust obligations, or international
obligations. (Example-all federal lands, Indian issues and any United
Nations Heritage Sites such as Yellowstone).
These examples and
other parts of this Executive Order would have expanded federal government
power. It also would have revoked Executive Order 12612, which had endeavored...
"to restore the division of governmental responsibilities between
the national government and the States that was intended by the Framers
of the Constitution and to ensure that the principles of federalism
established by the Framers guide the Executive departments and agencies
in the formulation and implementation of policies."
Misuse and abuse
of Presidential Executive Orders (PEOs) is one way to blur lines of
authority between sovereign governments, state and national. While the
Tenth Amendment to the Constitution was intended to formalize the constitutional
relationship between states and the national government this is apparently
irrelevant to the Clinton/Gore Administration.
PEOs are intended
to give any Administration a mechanism to deal with special situations.
They were never intended as mechanisms to avoid, diminish or destroy
parts of the U.S. Constitution. This detail is obviously irrelevant
to the Clinton/Gore Administration. No surprise here!
This Administration
has written more Executive Orders then any other. Intended for special
situations, the Clinton/Gore Administration uses them to formulate policy
without the American public's consent. It's the "We know what's
best for the peasants" mentality that has come to permeate American
lives. This flies in the face of what federalism and this nation are
all about. Clinton and Gore seek to position themselves so that all
authority to govern comes from the President and the Wanna Be President.
Each of the Executive
Orders involved here 13083 and 12612 bear the title Federalism. The
similarity stops there. Attempting to disguise a dictatorship behind
the word Federalism is beyond the magic wand of Clinton/Gore wordsmithing.
The great tag-team of spinmasters cannot out distance the Founding Fathers
of this nation.
It is worth reading,
for yourselves, EO 13083 to see how this Administration is attempting
to achieve a government for the President and by the President. With
Executive Orders such as 13083 who needs a Constitution!
Permission
granted to reprint in full or part with full credit given to author.
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