-Caveat Lector- The U.S. Constitution is actually quite clear on the President's "power". "Executive orders" according to Constitutional Law would be binding ONLY within "the Federal Zone" (Wasington D.C., U.S. "possessions") and/or upon Federal Officers, Employers and Employees. The framers of the Constitution were poignantly aware of the axiom that absolute power corrupts absolutely, and they could hardly be said to have put together a document the defines the Executive branch's power "very generally" by anyone with the slightest shred of common sense and a little Constitutional scholarship. Any think tank that spit out such a concept should have it's thinker's license revoked. <sarcasm> A long revolutionary war against a tyrannical monarchy, and the Constitutional framers are going to create a document in which the Chief Executive officer's power is defined "very generally"?! Get a grip. Unfortunately, the Constitution is merely an interesting historical document according to today's courts, legislature, and executive. (and the Cato institute.) If the government could be forced to conform to the Constitution we could then be rid of the alphabet agencies. Not to mention the unconstitutional private national bank incorporated as the "Federal Reserve Bank" ... or the immortal form of the corporation, period... blantantly unconstitutional and certain to lead to where we are today, which is a place of an over-powerful unconstitutional Federal dictatorship tacitly coordinated by the corrupt judiciary, executive, and legislative branches. If the Federal government (spearheaded by the criminal indictment-ridden Executive branch) is successful in continuing to dismantle constitutional law as it is attempting to do in it's assault against the: 1st amendment in attempting to censor the press Dave Hartley http://www.Asheville-Computer.com http://www.ioa.com/~davehart -----Original Message----- From: She Who Remembers [mailto:[EMAIL PROTECTED]] Sent: Wednesday, November 17, 1999 4:43 AM To: [EMAIL PROTECTED] Subject: [CIA-DRUGS] cato - How Presidents "Run the Country" From: She Who Remembers <[EMAIL PROTECTED]> Date: Tue, 16 Nov 1999 12:34:41 +0100 From: SheWhoRemembers <[EMAIL PROTECTED]> Organization: SheWhoRemembers Subject: Executive Orders and National Emergencies: How Presidents Have Come to "Run the Country" by Usurping Legislative Power Content-Base: "http://www.cato.org/pubs/pas/pa-358es.html" Cato Policy Analysis No. 358 October 28, 1999 Policy Analysis Executive Orders and National Emergencies: How Presidents Have Come to "Run the Country" by Usurping Legislative Power by William J. Olson and Alan Woll William J. Olson heads a McLean, Virginia, law firm (www.wjopc.com) that focuses on constitutional, administrative, and civil litigation. Alan Woll is an attorney in Blevins, Arkansas ([EMAIL PROTECTED]). ---------- Executive Summary During the recent presidential scandals, concluding with the impeachment of President Clinton, many people were heard to say that the investigations should end so that the president could get back to “the business of running the country.” Under a constitution dedicated to individual liberty and limited government—which divides, separates, and limits power—how did we get to a point where so many Americans think of government as embodied in the president and then liken him to a man running a business? The answer rests in part with the growth of presidential rule through executive orders and national emergencies. Unfortunately, the Constitution defines presidential powers very generally; and nowhere does it define, much less limit, the power of a president to rule by executive order—except by reference to that general language and the larger structure and function of the Constitution. The issue is especially acute when presidents use executive orders to legislate, for then they usurp the powers of Congress or the states, raising fundamental concerns about the separation and division of powers. The problem of presidential usurpation of legislative power has been with us from the beginning, but it has grown exponentially with the expansion of government in the 20th century. In enacting program after program, Congress has delegated more and more power to the executive branch. Thus, Congress has not only failed to check but has actually abetted the expansion of presidential power. And the courts have been all but absent in restraining presidential lawmaking. Nevertheless, the courts have acted in two cases—in 1952 and 1996—laying down the principles of the matter; the nation’s governors have just forced President Clinton to rewrite a federalism executive order; and now there are two proposals in Congress that seek to limit presidential lawmaking. Those developments offer hope that constitutional limits—and the separation and division of powers, in particular—may eventually be restored. <link>Full Text of Policy Analysis No. 358 (PDF, 29 pgs, 162 Kb) Appendix 1 - Executive Orders Issued by President Clinton (PDF, 23 pgs, 41 Kb) Appendix 2 - Excerpts from Youngstown and Reich (PDF, 29 pgs, 55 Kb) Appendix 3 - Executive Orders That Have Been Modified or Revoked by Statute, with the Statute Identified (Partial List ) (PDF, 4 pgs, 10 Kb) © 1999 The Cato Institute Please send comments to webmaster. === -SheWhoRemembers Freedom Justice Peace http://geocities.com/sheremembers === --------------------------- ONElist Sponsor ---------------------------- GRAB THE GATOR! FREE SOFTWARE DOES ALL THE TYPING FOR YOU! Tired of filling out forms and remembering passwords? Gator fills in forms and passwords with just one click! 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