-Caveat Lector-
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.
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