-Caveat Lector-

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SIGHTINGS
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New Executive Order On
Federalism - Latest Assault
On The Constitution
Comment
By Brad Bernards <[EMAIL PROTECTED]>






Amending the 10th Amendment

-August 10, 1999-

On August 5, President Clinton signed an Executive Order on Federalism, the
division of power between Washington, D.C. and the States. The President
claims Constitutional authority to turn our Constitution on it's head. This
executive order, which I have read, seeks to guarantee the division of
governmental responsibilities intended by the Framers of the Constitution.
The Tenth Amendment to the Constitution, part of the Bill of Rights, does
not need to be clarified. I have quoted the Constitution before and I
proudly do it again: "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." That's the tenth amendment, and any attempt
by President Clinton to improve on it will most certainly not be to the
benefit of the states or the people.

This is an outright attempt by the federal government to take from us power
we have yet to claim but, nonetheless, is still ours under the Constitution.
The Constitution enumerates the powers of the federal government - they are
finite and limited intentionally. The President, through each and every
agency, would like to impose federal rules and regulations absorbing powers
that are, as of yet, unclaimed by the states. The previous attempt to steal
away our power last year in Executive Order 13083 was met with much
opposition after it was exposed. He had created the document without the
input of those affected. It was later suspended, and now revoked as this EO
replaces it. Amending the Constitution takes the congress and all 50 States
but the President may do it, unnoticed, through an Executive Order

The document is clever because it now has the input of many, although we
don't know specifically who, and on the surface appears quite benign. The AP
reports that state and local officials appear satisfied with the rewritten
order. The language of this Executive Order is indeed deferential to the
states. The document reads well until you discover that all the input
gathered from state and local government, the consulting with state and
local officials on developing standards and the opportunity for
participation in rulemaking proceedings is just that much talk. I see
nowhere in the document that any input be digested at all. Federal agencies
will be able to do what they want provided they follow the prescribed method
which is not much more than whoops to placate the intergovernmental
organizations concerned. The federal government can and will put into force
any rule they want with or without the approval of anyone.

The White House's own press release says: "...the Order makes clear that
federal action is appropriate in the presence of a problem of national scope
or significance." This statement by itself admits that the Executive Branch
can make anything their business and have an agency create federal rules to
govern it. At a time when we need to pare back the federal government, they
seem intent on grabbing any remaining power not nailed down by claim of the
states or the people.

The United States Constitution is a magnificent document and Clinton would
do best to read it and follow it. Instead, he's going to fix it. He calls it
strengthening the partnership. He says that the Federal government and State
and local governments should work together as partners. He wants to be my
partner and my State's partner for the simple reason that we have something
that he wants - power. After all, he didn't sign an Executive Order
promising to limit the reach of the federal government. This will make
government bigger. It will compromise our individual rights to the powers
reserved to us by the Constitution and will compromise the sovereignty of
every state in this union.

You have to remember who wrote this Executive Order. The word "is" appears
24 times. This is a man who will trick you with verb tenses. He has proven
that he will make a statement that says the exact opposite of what he means.
Now, he has made a statement that implies he is protecting the Constitution.
It is the work of smarter people than me to take his words apart - to
dissect the 7 pages of this order to see if it looks anything like the 28
words of the tenth amendment.

We have 90 days from August fifth until this Order takes effect. It's going
to be harder this time around to expose this Clinton Lie now that he has
received input from those affected. So far, I have no hope the major media
will jump on this without pressure. It's our power he wants, so it's our
responsibility to stop him.

http://www.sightings.com/politics4/assault.htm





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