-Caveat Lector-

Independent  American Party of the U.S.  ACTION PLAN: Executive Orders
http://www.usiap.org/actionitems/executiveorders.html
By Elizabeth Christman (MARYLAND)


ACTION PLAN

Recently Congressman Jack Metcalf (R-2-WA) introduced H.Con.Res 30.
This vital legislation reasserts the role and responsibility of Congress to
enact laws and appropriate federal dollars. It would curb the
infringement of executive power on legislative authority. Furthermore,
H.Con.Res 30 will clarify any confusion regarding EOs, by emphasizing
Congressional authority granted under Article I, sec 8 of the Constitution.

EOs are not authorized by the Constitution. It is time for Congress to
address this issue of balance among the three branches of the
government.

Currently, 46 Congressman have co-sponsored this bill and need more if
we hope to have the Speaker take it to a floor vote. It is currently in
the Judiciary Committee, Constitution Sub-Committee.

If you are concerned about Executive Orders, please do the following:
1. Contact your congressperson and urge them to co-sponsor this bill.
2. Contact Congressman Charles Canady
<[EMAIL PROTECTED]>, Chairman of the Constitution
Sub-Committee and urge him to co-sponsor, bring it up for a vote
with the full committee and report out of sub-committee for a vote
to the House floor.
3. Contact Speaker Hastert <[EMAIL PROTECTED]> and urge him
to bring the resolution to the floor for a vote.


Clinton's Executive Orders  [Excellent Overview, well-written -- Tam]

Is Congressional Authority Slipping? Unfortunately the answer is yes.
Faced with a Congress unwilling to grant him super legislative powers
the President has unleashed a barrage of Executive Orders (EOs). In
fact, he has issued more than 281 of them since taking office. Many of
these infringe on the powers and duties reserved exclusively for
Congress as dictated by the U.S. Constitution. In fact one EO was
rescinded last year due to its disregard for Congressional Authority.

Our founding fathers divided the government into three separate but
coequal branches. It was their intention that all legislative powers be
vested in the Congress. Furthermore, the framers specifically gave the
responsibility of spending taxpayer dollars to the people’s
representatives. The President is overstepping the constitutional power
of his office, by issuing EOs which require the expenditure of federal
funds.

The American Heritage Rivers Initiative (AHRI) is a great example of our
current President usurping the legislative power of the Congress. AHRI
was born when President Clinton signed EO 13061. It is a fact that the
Constitution requires Congress to first approve all revenue spending. EO
13061 also gives the President the power to reprogram government funds
and spend taxpayer money for a project (AHRI) without Congress even
having the chance to debate the initiative. I am disturbed that the
President continues to try to supersede the Constitution by instituting
broad policy initiatives like AHRI.

By EO 13061, Clinton purported to give himself the power to take over 10
rivers a year (later extended to 14), whose adjacent lands of
indeterminate size would be put under the control of Clinton-appointed
River Navigators, each with a salary of $100,000. Congress never
authorized this land grab or appropriated any money for it, so Clinton
says he will divert funds from 12 departments.

This Rivers EO takes governing authority away from states and
localities. It threatens private property rights guaranteed by the
Fourth and Fifth Amendments.

Clinton's surprise grab of 1.7 million acres of Utah land for a national
park in 1996 just happened to include a trillion dollars worth of
clean-burning, low-sulfur hard coal. Clinton's removal of this huge
natural resource from commercial availability tremendously enhanced the
value of the second largest source of environmentally-safe coal, which
just happens to be owned by Clinton's Indonesian friends the Riadys, who
gave millions of dollars to Clinton's presidential campaigns in 1992 and
1996.

For the Mexican and Brazilian bailouts, Clinton used executive authority
to raid a U.S. Treasury Department fund set up in the 1930s for the
specific purpose of being available to stabilize the U.S. dollar. The
President certainly was not authorized to give this money to foreign
governments so they could make their loan payments due to Treasury
Secretary Robert Rubin's old firm, Goldman Sachs.

Clinton's EO 12919 of June 3, 1994, entitled National Defense Industrial
Resources Preparedness, asserts plenary and dictatorial authority over
citizens, food, transportation, energy, health, contracts, materials and
resources, to be exercised by the National Security Council and FEMA
(Federal Emergency Management Agency). Many wonder if this EO's real
purpose is to grab emergency powers if we are bitten by the Y2K bug.

BACKGROUND OF EXECUTIVE ORDERS

Many citizens may wonder, what are Executive Orders and where does the
President derive the authority to use them? These questions have been
the subject of political and academic debate since the inception of our
nation. Initially, there were no problems with EOs. They fit within the
legitimate powers of the Presidency, because they were used
predominately to direct federal employees in carrying out their duties.

However, early this century Presidents began issuing EOs that pushed
beyond prescribed Presidential authority and over time we have tolerated
EOs that stepped far over the line. This has only encouraged some of our
leaders to push the envelope farther. Now is the time to stop this
encroachment and clarify the scope of executive authority vested in the
Presidency, by Article II of the Constitution. Nowhere in the
Constitution is the President specifically given the authority to issue
EOs. Regrettably, the federal courts have improperly ruled that EOs have
the force and effect of law. The delicate balance of separate but equal
branches is at stake if the President is allowed to wield super
legislative powers, by issuing EOs that require the expenditure of
federal funds without the consent of Congress.


Elizabeth Christman is Vice Chair of the Maryland Reform Party and a
member of the Executive Committee of the national Reform Party.

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