.............................................................. >From the New Paradigms Project [Not Necessarily Endorsed]: Conspiracy Shopping Cart: http://a-albionic.com/shopping.html Subject: Tyranny of Executive Orders End presidential tyranny. Halt congressional dereliction. Stop judicial passiveness. 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 û which divides, separates, and limits power û 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 û 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 û in 1952 and 1996 û laying down the principles of the matter; the nationÆs 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 û and the separation and division of powers, in particular û may eventually be restored. William J. Olson and Alan Woll Executive Orders and National Emergencies How Presidents Have Come to "Run the Country" by Usurping Legislative Power CATO Institute, Policy Analysis, No. 358, Oct. 28, 1999 To read Mr. Olson and Mr. Woll's 29-page policy analysis, please click here. The power of the national government has increased substantially over us during the last several decades. American presidents of both political parties; Congress regardless of its majority party; and the courts have failed to honor the American constitutional requirement of the separation of powers û the separation of powers our countryÆs founders knew to be necessary in order for them and for us to live in liberty. It is not possible for a constitutional republic to maintain itself. A great and noble system of government requires perpetual vigilance on the part of its citizenry if it is to survive. Sadly, within our own precious land, a subtle but virulent type of distortion has been taking place. The assault has been slow but persistent. It has occurred beyond the grasp and view of many Americans. Most alarming, though, is that we now find ourselves in a situation where the rudimentary mechanisms of our republic, the actual underpinnings of our representative structure, are in danger. At the superficial level, procedures appear to be routine in nature and government seems to be operating facilely. So by what means could so seemingly a solid and efficient system be threatened? The instrument of destruction that hangs over us like the sword of Damocles goes by various titles, but most commonly it is referred to as the executive order. When used as originally intended, an executive order is a written method of communication that enables a president to facilitate and effectuate necessary administrative functions. However, this tool has slowly been corrupted over time. It is now being used with the very intention of circumventing our system of representative government. Most Americans would be shocked to find out that President Clinton, acting alone, has: Taken legislation that was voted down by our elected representatives and, acting as a one-man Congress, signed it into law; Resurrected a law that had previously been terminated by Congress, so as to alter policy relating to the export of sensitive technology; Created secret laws that are unable to be seen, even upon written request, by the people, press, Congress, or even select intelligence committees of Congress; Changed four decades of military policy, where previously a launch on warning was required if it were verified that an enemy missile was headed toward our mainland or our territories, to a launch on impact, where we are required to sustain a potentially devastating nuclear missile hit, with likely casualties, before we respond; Erased a crucial, foundational part of our Constitution, the Tenth Amendment; Implemented unratified international treaties, ignoring the constitutional requirement of the two-thirds approval vote by our duly elected representatives in the Senate; Secretly assigned our troops to the United Nations and placed them under foreign command; Enabled United Nations representatives in a given NGO to be immune from legal action for violations of law; Placed the country in a state of emergency that allows the president, or others in his administration, to suspend the Bill of Rights and the Constitution at will. Every American citizen should find the above list of items extremely disconcerting. But equally distressing is the fact that the present administration plans to accelerate its approach further still. And so, with an urgency that has rare parallels in our history, we must determine how to stop the ever-increasing, pernicious usurpation of power that has been occurring through Bill ClintonÆs abuse of the executive order process. James L. Hirsen, J.D., Ph.D. Executive Orders and the Demise of Liberty November 12, 1999 NewsMax.com To read Mr. HirsenÆs five-part series, please click here. Stroke of the pen. Law of the Land. Kinda cool. û Paul Begala, former Clinton advisor, The New York Times, July 5, 1998 Clinton is pushing the envelope. HeÆs consistently trying to take more power than Congress gives him. û David Schoenbrod, New York Law School professor, Los Angeles Times, July 4, 1998 àhe [Clinton] has also pursued an æexecutive order strategyÆ that goes way beyond trying to guide federal agencies in how to implement laws. û The Wall Street Journal (editorial) August 6, 1998 WeÆve switched the rules of the game. WeÆre not trying to do anything legislatively. û Interior Secretary Bruce Babbitt, The Washington Times, June 14, 1999 On October 27, 1999, the U.S. House Committee on Rules, Subcommittee on Legislative and Budget Process held a hearing on "The Impact of Executive Orders on the Legislative Process: Executive Lawmaking?" William J. Olson, co-author of Executive Orders and National Emergencies testified before the committee. To read his statement, please click here. Legislation to restore the separation of powers of our national government, thereby helping to restore our liberty, was introduced on July 30, 1999 by Representative Ron Paul (Texas) and Representative Jack Metcalf (Washington). H.R. 2655 û The Separation of Powers Restoration Act will: Prohibit a presidential executive order from having the effect of law. Suspend all states of national emergencies declared since 1976 (the last time Congress canceled such declarations). Grant legal standing to individual members of the United States Congress, state officials and private citizens who believe a presidential executive order is unconstitutional. Repeal the 1973 War Powers Resolution. On October 28, 1999, the U.S. House Committee on the Judiciary, Subcommittee on Commercial and Administrative Law held a hearing on H.R. 2655 û The Separation of Powers Restoration Act. Representative Ron Paul and Representative Jack Metcalf testified before the committee. To read Representative PaulÆs statement, please click here. To read Representative MetcalfÆs statement, please click here. Is your U.S. representative a co-sponsor of H.R. 2655? Find out by providing your state and Zip Code below: State: PLEASE CHOOSE STATE ALABAMA ALASKA AMERICAN SAMOA ARIZONA ARKANSAS CALIFORNIA COLORADO CONNECTICUT DELAWARE DISTRICT OF COLUMBIA FLORIDA GEORGIA GUAM HAWAII IDAHO ILLINOIS INDIANA IOWA KANSAS KENTUCKY LOUISIANA MAINE MARYLAND MASSACHUSETTS MICHIGAN MINNESOTA MISSOURI MISSISSIPPI MONTANA NEBRASKA NEVADA NEW HAMPSHIRE NEW JERSEY NEW MEXICO NEW YORK NORTH CAROLINA NORTH DAKOTA OHIO OKLAHOMA OREGON PENNSYLVANIA PUERTO RICO RHODE ISLAND SOUTH CAROLINA SOUTH DAKOTA TENNESSEE TEXAS UTAH VERMONT VIRGINIA VIRGIN ISLANDS WASHINGTON WEST VIRGINIA WISCONSIN WYOMING Zip Code:- The Liberty Study Committee is leading the effort to restore the separation of powers of our national government. For more information about the Liberty Study Committee, please click here. 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