-Caveat Lector-
"There are words that in your civilization, in your history, sound difficult
to understand or to accept," he said. "For example, we belong to the
Socialist International, and I'm aware that this word is somewhat sensitive
here" -- at this moment, the crowd cracked up in laughter -- "and I can see
that we have avoided pronouncing this word here. But we should prevail over
this fear of words."
--- Italian Prime Minister Massimo D'Alema
Clinton smiled and retorted: "I'm not sure I would have you here, Massimo,
if I were running for reelection."
========================================================
FEDERALISM!
Executive Order 13083 = Death of Article X
Currently Suspended!
Article X
"The powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively, or
to the people."
Executive Order 13083
Federalism by Clinton
>From the 1998 Presidential Documents Online via GPO Access
[frwais.access.gpo.gov]
[DOCID:pd18my98_txt-28] [Page 866-869] Monday, May 18, 1998
Pages 837-881
Week Ending Friday, May 15, 1998 Executive Order 13083--Federalism
May 14, 1998
"By the authority vested in me as President by the Constitution and the
laws of the United States of America, and in order to guarantee the division
of governmental responsibilities, embodied in the Constitution, between the
Federal Government and the States that was intended by the Framers and
application of those principles by the Executive departments
and agencies in the formulation and implementation of policies, it is hereby
ordered as follows:
Section 1. Definitions. For purposes of this order:
(a) ``State'' or ``States'' refer to the States of the United States of
America, individually or collectively, and, where relevant, to State
governments, including units of local government and other political
subdivisions established by the States.
(b) ``Policies that have federalism implications'' refers to Federal
regulations, proposed legislation, and other policy statements or actions
that have substantial direct effects on the States or on the relationship,
or the distribution of power and responsibilities, between the Federal
Government and the States.
(c) ``Agency'' means any authority of the United States that is an
``agency'' under 44 U.S.C. 3502(1), other than those considered to be
independent regulatory agencies, as defined in 44 U.S.C. 3502(5).
Sec. 2. Fundamental Federalism Principles. In formulating and
implementing policies that have federalism implications, agencies shall be
guided by the following fundamental federalism principles:
(a) The structure of government established by the Constitution is
premised upon a system of checks and balances.
(b) The Constitution created a Federal Government of supreme, but
limited, powers. The sovereign powers not granted to the Federal Government
are reserved to the people or to the States, unless prohibited to the states
by the Constitution.
(c) Federalism reflects the principle that dividing power between the
Federal Government and the States serves to protect individual liberty.
Preserving State authority provides an essential balance to the power of the
Federal Government, while preserving the supremacy of
Federal law provides an essential balance to the power of the States.
(d) The people of the States are at liberty, subject only to the
limitations in the Constitution itself or in Federal law, to define the
moral, political, and legal character of their lives.
(e) Our constitutional system encourages a healthy diversity in the
public policies adopted by the people of the several States according to
their own conditions, needs, and desires. States and local governments are
often uniquely situated to discern the sentiments of the people and
to govern accordingly.
(f) Effective public policy is often achieved when there is competition
among the several States in the fashioning of different approaches to public
policy issues. The search for enlightened public policy is often furthered
when individual States and local governments
are free to experiment with a variety of approaches to public issues.
Uniform, national approaches to public policy problems can inhibit the
creation of effective solutions to those problems.
(g) Policies of the Federal Government should recognize the
responsibility of--and should encourage opportunities for--States, local
governments, private associations, neighborhoods, families, and individuals
to achieve personal, social, environmental, and economic objectives through
cooperative effort.
Sec. 3. Federalism Policymaking Criteria. In addition to adhering to
the fundamental federalism principles set forth in section 2 of this order,
agencies shall adhere, to the extent permitted by law, to the following
criteria when formulating and implementing policies that have federalism
implications:
(a) There should be strict adherence to constitutional principles.
Agencies should closely examine the constitutional and statutory authority
supporting any Federal action that would limit the policymaking discretion
of States and local governments, and should carefully assess the necessity
for such action.
(b) Agencies may limit the policymaking discretion of States and local
governments only after determining that there is constitutional and legal
authority for the action.
(c) With respect to Federal statutes and regulations administered by
States and local governments, the Federal Government should grant States and
local governments the maximum administrative discretion possible. Any
Federal oversight of such State and local administration should not
unnecessarily intrude on State and local discretion.
(d) It is important to recognize the distinction between matters of
national or multi-state scope (which may justify Federal action) and matters
that are merely common to the States (which may not justify Federal action
because individual States, acting individually or
together, may effectively deal with them). Matters of national or
multi-state scope that justify Federal action may arise in a variety of
circumstances, including:
(1) When the matter to be addressed by Federal action occurs interstate
as opposed to being contained within one State's boundaries.
(2) When the source of the matter to be addressed occurs in a State
different from the State (or States) where a significant amount of the harm
occurs.
(3) When there is a need for uniform national standards.
(4) When decentralization increases the costs of government thus
imposing additional burdens on the taxpayer.
(5) When States have not adequately protected individual rights and
liberties.
(6) When States would be reluctant to impose necessary regulations
because of fears that regulated business activity will relocate to other
States.
(7) When placing regulatory authority at the State or local level would
undermine regulatory goals because high costs or demands for specialized
expertise will effectively place the regulatory matter beyond the resources
of State authorities.
(8) When the matter relates to Federally owned or managed property or
natural resources, trust obligations, or international obligations.
(9) When the matter to be regulated significantly or uniquely affects
Indian tribal governments.
Sec. 4. Consultation.
(a) Each agency shall have an effective process to permit elected
officials and other representatives of State and local governments to
provide meaningful and timely input in the
development of regulatory policies that have federalism implications.
(b) To the extent practicable and permitted by law, no agency shall
promulgate any regulation that is not required by statute, that has
federalism implications, and that imposes substantial direct compliance
costs on States and local governments, unless:
(1) funds necessary to pay the direct costs incurred by the State or
local government in complying with the regulation are provided by the
Federal Government; or
(2) the agency, prior to the formal promulgation of the regulation,
(A) in a separately identified portion of the preamble to the
regulation as it is to be issued in the Federal Register, provides to the
Director of the Office of Management and Budget a description of the extent
of the agency's prior consultation with representatives of affected States
and local governments, a summary of the nature of their concerns, and the
agency's position supporting the need to issue the regulation; and
(B) makes available to the Director of the Office of Management and
Budget any written communications submitted to the agency by States or local
governments.
Sec. 5. Increasing Flexibility for State and Local Waivers.
(a) Agencies shall review the processes under which States and local
governments apply for waivers of statutory and regulatory requirements and
take appropriate steps to streamline those processes.
(b) Each agency shall, to the extent practicable and permitted by law,
consider any application by a State or local government for a waiver of
statutory or regulatory requirements in connection with any program
administered by that agency with a general view toward
increasing opportunities for utilizing flexible policy approaches at the
State or local level in cases in which the proposed waiver is consistent
with applicable Federal policy objectives and is otherwise appropriate.
(c) Each agency shall, to the extent practicable and permitted by law,
render a decision upon a complete application for a waiver within 120 days
of receipt of such application by the agency. If the application for a
waiver is not granted, the agency shall provide the applicant with timely
written notice of the decision and the reasons therefor.
(d) This section applies only to statutory or regulatory requirements
that are discretionary and subject to waiver by the agency.
Sec. 6. Independent Agencies. Independent regulatory agencies are
encouraged to comply with the provisions of this order.
Sec. 7. General Provisions.
(a) This order is intended only to improve the internal management of
the executive branch and is not intended to, and does not, create any right
or benefit, substantive or procedural, enforceable at law or equity by a
party against the United States, its agencies or instrumentalities, its
officers or employees, or any other person.
(b) This order shall supplement but not supersede the requirements
contained in Executive Order 12866 (``Regulatory Planning and Review''),
Executive Order 12988 (``Civil Justice Reform''), and OMB Circular A-19.
(c) Executive Order 12612 of October 26, 1987, and Executive Order
12875 of October 26, 1993, are revoked.
(d) The consultation and waiver provisions in sections 4 and 5 of this
order shall complement the Executive order entitled, ``Consultation and
Coordination with Indian Tribal Governments,'' being issued on this day.
(e) This order shall be effective 90 days after the date of this
order."
William J. Clinton
The White House,
May 14, 1998.
[Filed with the Office of the Federal Register, 11:24 a.m., May 18, 1998]
TOP OF PAGE CLINTON EXECUTIVE ORDERS
Executive Order 12612
Federalism by Reagan
Revoked by Clinton
October 26, 1987
[http://www-a.blm.gov/nhp/NPR/eo12612.html]
"By the authority vested in me as President by the Constitution and
laws of the United States of America, and in order 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, it is hereby ordered as follows:
Section 1. Definitions. For purposes of this Order:
(a) "Policies that have federalism implications" refers to regulations,
legislative comments
or proposed legislation, and other policy statements or actions that have
substantial direct
effects on the States, on the relationship between the national government
and the States,or on the distribution of power and responsibilities among
the various levels of government.
(b) "State" or "States" refer to the States of the United States or
America, individually or
collectively, and, where relevant, to State governments, including units of
local government and other political subdivisions established by the States.
Sec. 2. Fundamental Federalism Principles. In formulating and
implementing policies that have federalism implications, Executive
departments and agencies shall be guided by the following fundamental
federalism principles:
(a) Federalism is rooted in the knowledge that our political liberties
are best assured by limiting the size and scope of the national
government.
(b) The people of the States created the national government when they
delegated to it those enumerated governmental powers relating to
matters beyond the competence of the individual States. All other sovereign
powers, save those expressly prohibited the States by the Constitution, are
reserved to the States or to the people.
(c) The constitutional relationship among sovereign governments, State
and national, is formalized in and protected by the Tenth Amendment to
the Constitution.
(d) The people of the States are free, subject only to restrictions in
the Constitution itself or in constitutionally authorized Acts of
Congress, to define the moral, political, and legal character of their
lives.
(e) In most areas of governmental concern, the States uniquely possess
the constitutional authority, the resources, and the competence to
discern the sentiments of the people and to govern accordingly. In Thomas
Jefferson's words, the States are "the most competent administrations
for our domestic concerns and the surest bulwarks against antirepublican
tendencies."
(f) The nature of our constitutional system encourages a healthy
diversity in the public policies adopted by the people of the several
States according to their own conditions, needs, and desires. In the search
for enlightened public policy, individual States and communities are free to
experiment with a variety of approaches to public issues.
(g) Acts of the national government -- whether legislative, executive,
or judicial in nature -- that exceed the enumerated powers of that
government under the Constitution violate the principle of federalism
established by the Framers.
(h) Policies of the national government should recognize the
responsibility of -- and should encourage opportunities for -- individuals,
families, neighborhoods, local governments, and private associations to
achieve their personal, social, and economic objectives through cooperative
effort.
(i) In the absence of clear constitutional or statutory authority, the
presumption of sovereignty should rest with the individual States.
Uncertainties regarding the legitimate authority of the national
government should be resolved against regulation at the national level.
Sec. 3. Federalism Policymaking Criteria. In addition to the
fundamental federalism principles set forth in section 2, Executive
departments and agencies shall adhere, to the extent permitted by law, to
the following criteria when formulating and implementing policies that have
federalism implications:
(a) There should be strict adherence to constitutional principles.
Executive departments and agencies should closely examine the
constitutional and statutory authority supporting any Federal action that
would limit the policymaking discretion of the States, and should carefully
assess the necessity for such action. To the extent practicable, the States
should be consulted before any such action is implemented. Executive Order
No. 12372 ("Intergovernmental Review of Federal Programs") remains in effect
for the programs and activities to which it is applicable.
(b) Federal action limiting the policymaking discretion of the States
should be taken only where constitutional authority for the action is
clear and certain and the national activity is necessitated by the presence
of a problem of national scope. For the purposes of this Order:
(1) It is important to recognize the distinction between problems of
national scope (which may justify Federal action) and problems that are
merely common to the States (which will not justify Federal action because
individual States, acting individually or together, can effectively deal
with them).
(2) Constitutional authority for Federal action is clear and certain
only when authority for the action may be found in a specific provision of
the Constitution, there is no provision in the Constitution prohibiting
Federal action, and the action does not encroach upon authority reserved to
the States.
(c) With respect to national policies administered by the States, the
national government should grant the States the maximum administrative
discretion possible. Intrusive, Federal oversight of State administration is
neither necessary nor desirable.
(d) When undertaking to formulate and implement policies that have
federalism implications, Executive departments and agencies shall:
(1) Encourage States to develop their own policies to achieve program
objectives and to work with appropriate officials in other States.
(2) Refrain, to the maximum extent possible, from establishing uniform,
national standards for programs and, when possible, defer to the States to
establish standards.
(3) When national standards are required, consult with appropriate
officials and organizations representing the States in developing those
standards.
Sec. 4 Special Requirements for Preemption.
(a) To the extent permitted by law, Executive departments and agencies
shall construe, in regulations and otherwise, a Federal statute to
preempt State law only when the statute contains an express preemption
provision or there is some other firm and palpable evidence compelling the
conclusion that the Congress intended preemption of State law, or when the
exercise of State authority directly conflicts with the exercise of Federal
authority under the Federal statute.
(b) Where a Federal statute does not preempt State law (as addressed in
subsection (a) of this section), Executive departments and agencies shall
construe any authorization in the statute for the issuance of regulations as
authorizing preemption of State law by rule-making only when the statute
expressly authorizes issuance of preemptive regulations or there is some
other firm and palpable evidence compelling the conclusion that the Congress
intended to delegate to the department or agency the authority to issue
regulations preempting State law.
(c) Any regulatory preemption of State law shall be restricted to the
minimum level necessary to achieve the objectives of the statute
pursuant to which the regulations are promulgated.
(d) As soon as an Executive department or agency foresees the
possibility of a conflict between State law and Federally protected
interests within its area of regulatory responsibility, the department or
agency shall consult, to the extent practicable, with appropriate officials
and organizations representing the States in an effort to avoid such a
conflict.
(e) When an Executive department or agency proposes to act through
adjudication or rule-making to preempt State law, the department or
agency shall provide all affected States notice and an opportunity for
appropriate participation in the proceedings.
Sec. 5. Special Requirements for Legislative Proposals. Executive
departments and agencies shall not submit to the Congress legislation that
would:
(a) Directly regulate the States in ways that would interfere with
functions essential to the States' separate and independent existence or
operate to directly displace the States' freedom to structure integral
operations in areas of traditional governmental functions;
(b) Attach to Federal grants conditions that are not directly related
to the purpose of the grant; or
(c) Preempt State law, unless preemption is consistent with the
fundamental federalism principles set forth in section 2, and unless a
clearly legitimate national purpose, consistent with the federalism
policymaking criteria set forth in section 3, cannot otherwise be met.
Sec. 6. Agency Implementation.
(a) The head of each Executive department and agency shall designate an
official to be responsible for ensuring the implementation of this
Order.
(b) In addition to whatever other actions the designated official may
take to ensure implementation of this Order, the designated official
shall determine which proposed policies have sufficient federalism
implications to warrant the preparation of a Federalism Assessment. With
respect to each such policy for which an affirmative determination is made,
a Federalism Assessment, as described in subsection (c) of this section,
shall be prepared. The department or agency head shall consider any such
Assessment in all decisions involved in promulgating and implementing the
policy.
(c) Each Federalism Assessment shall accompany any submission
concerning the policy that is made to the Office of Management and Budget
pursuant to Executive Order No. 12291 or OMB Circular No. A-19, and shall:
(1) Contain the designated official's certification that the policy has
been assessed in light of the principles, criteria, and requirements stated
in sections 2 through 5 of this Order;
(2) Identify any provision or element of the policy that is
inconsistent with the principles, criteria, and requirements stated in
sections 2 through 5 of this Order;
(3) Identify the extent to which the policy imposes additional costs or
burdens on the States, including the likely source of funding for the States
and the ability of the States to fulfill the purposes of the policy; and
(4) Identify the extent to which the policy would affect the States'
ability to discharge traditional State governmental functions, or other
aspects of State sovereignty.
Sec. 7. Government-wide Federalism Coordination and Review.
(a) In implementing Executive Order Nos. 12291 and 12498 and OMB
Circular No. A-19, the Office of Management and Budget, to the extent
permitted by law and consistent with the provisions of those authorities,
shall take action to ensure that the policies of the Executive departments
and agencies are consistent with the principles, criteria, and requirements
stated in sections 2 through 5 of this Order.
(b) In submissions to the Office of Management and Budget pursuant to
Executive Order No. 12291 and OMB Circular No. A-19, Executive
departments and agencies shall identify proposed regulatory and statutory
provisions that have significant federalism implications and shall address
any substantial federalism concerns. Where the departments or agencies deem
it appropriate, substantial federalism concerns should also be addressed in
notices of proposed rule-making and messages transmitting legislative
proposals to the Congress.
Sec. 8 Judicial Review. This Order is intended only to improve the
internal management of the Executive branch, and is not intended to create
any right or benefit, substantive or procedural, enforceable at law by a
party against the United States, its agencies, its officers, or any person."
RONALD REAGAN
THE WHITE HOUSE
October 26, 1987.
http://www.tricor.net/~myfirst/Federalism.htm
"I am beginning to think Clinton is so wracked with feeling the pain of
others that he himself has inflicted, he has begun to enjoy it."
--- Colleen Walsh Jones
Bard
Visit me at:
The Center for Exposing Corruption in the Federal Government
http://www.xld.com/public/center/center.htm
Federal Government defined:
....a benefit/subsidy protection racket!
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