Obama’s Pen: The Most Powerful Branch of Government?
Earlier this week on PJM, Hans A. von Spakovsky revealed that President Barack Obama is prepared to use the power of the presidential pen to impose portions of the DISCLOSE Act — the Democratic attempt, spearheaded by Sen. Chuck Schumer and Rep. Chris Van Hollen, to overturn the decision of the United States Supreme Court in Citizens United v. FEC:
The bill had onerous requirements that were duplicative of existing law and burdensome to political speech. It never passed Congress because of principled opposition to its unfair, one-side requirements that benefited labor unions at the expense of corporations. Democratic commissioners at the Federal Election Commission then tried to implement portions of the bill in new regulations. Fortunately, those regulations were not adopted because of the united opposition of the Republican commissioners.
According to a release by House Committee on Oversight and Government Reform Chairman Rep. Darrell Issa (R-CA), the draft executive order would require companies doing business with the federal government to disclose contributions to some issue advocacy groups while exempting labor unions and special interest groups that support the president’s agenda:
This order is a purely political act offered under the benign label of disclosure. … The order would not impose the same requirements on the labor unions or other organizations who support the president. Furthermore, it unnecessarily politicizes the procurement process.
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The administration is again attempting to achieve through regulation what they could not accomplish through legislation. This sleight of hand cannot continue as the president makes promises to work together while issuing highly political edicts that simultaneously circumvent the will of Congress and the Courts. Transparency and disclosure are serious issues that are essential to restoring Americans’ faith in their government. The president, here, is using them as a political hammer to strike at his opponents. They deserve more thoughtful consideration.
This is not the first time the president has tried such a move. The Huffington Post reported (if only to cheer him on):
Faced with a Congress hostile to even slight restrictions of Second Amendment rights, the Obama administration is exploring potential changes to gun laws that can be secured strictly through executive action, administration officials say.
As far back as February of last year, the New York Times took note as well:
With much of his legislative agenda stalled in Congress, President Obama and his team are preparing an array of actions using his executive power to advance energy, environmental, fiscal and other domestic policy priorities.
Our basic mistake was made long ago: the legitimization of the “executive order” as binding on private citizens and their institutions.
An executive order cannot be taken as the equivalent of duly passed and enacted legislation without destroying the Constitutional separation of powers, upon which is based the concept of mutually checking branches of government. Yet nearly everyone assumes that a president has the power to issue such ukases, as if he were a Russian Czar. Why?
People talk idly about repealing the 16th and 17th Amendments, or intensifying the provisions of the Tenth Amendment to restore federalism. All well and good, in due course. But this nonsense about presidential executive orders with the force of law should be dealt with first. Nothing else would put the skids under Obama and his henchmen nearly as effectively.
Exactly so. We need a Congress that will say that executive orders that substantially alter the intent or scope of federal law are automatically void, and will direct the courts not to rule on violations of such orders. They also need to say that any attempt to enforce voided executive orders is a violation of federal law and will be prosecuted, and that the Department of Justice may not decide not to do so.
Francis W. Porretto – I would go one step further: No rule or regulation (down to correcting spelling errors) can be changed or implemented by any executive branch department (including agencies, commissions, etc.) without being presented to Congress as a bill, being passed by the House and the Senate, and signed by the President. It is high time we held Congress’ feet to the fire and not allow it to abdicate its legislative responsibilities. Remember, all legislative authority rests with the Congress; none rests with the executive.
The Constitution already says that only Congress makes the laws. See Article I of the Constitution, where it says (paraphrasing; don’t have my copy open at the moment): “…all the law-making authority shall be vested in Congress”. Also, look up the Supreme Court cases on granting ‘rule-making’ authority to departments and agencies of the Executive Branch; despite the sophistry that allows our present mess of unelected law-makers in the bureaucrats, it is clear that the separation of powers doctrine still means, most of the time, that Congress makes the laws and the Executive enforces them. Not the other way around.
The existance of those rules has not helped prevent this President – or any previous ones either – from violating the Constitution whenever they felt they could get away with it. Now, with this President, we have one who has utterly ignored any limits on his authority, so the only thing Congress can do to protect its power under the Constitution is impeach him. Will that happen? Not a chance as all of the Representatives and Senators got into politics because of the chance to exercise unlimited authority and enjoy the financial, emotional and mental benefits to themselves of such a position. So, what do we do? We are expected to suck it up and take it. Will we? Probably. After 30+ years of female-dominated indoctrination against competition .. you know, all those male-heirarchy male-domination notions? .. there probably aren’t enough male in the nation who can contemplate anything but submission still alive. Result? President Obama’s vision – shared by many of his fellow Democrats and Communists – will be made to come to pass. Enjoy it; you’ve allowed it to creep into schools, colleges, universities, the media, everywhere that might be a base for civilized resistance to it and then about 54% of you – black, white, whatever – voted for it in 2008. Smile; you’ve just got what you asked for.
Ike – I don’t disagree with you all (and I think you don’t disagree with me). The question is: How do get Congress to exercise its legislative function? Anyone, any ideas:
I had this very disturbing conversation with my Congressman earlier this week. After listing a long line of illegal and unconstitutinal actions commited by the president I asked what we had to do to get the Congress to enforce the COTUS and impeach him. He responded that the only way to get rid of Obama is by voting him out of office in 2012.
The fact that every federal officer takes a solemn oath to ‘preserve, protect, and defend the COTUS’ before being delegated any federal authority apparently counts for nothing.
According to the COTUS we elect a federal government to meet their clearly delineated, limited responsibilities within their limited authorities; and to presever, protect, and defend the COTUS and nothing more.
The historical solution involves tar, feathers, and fence rails and short of that I expect nothing positive to come of any of this.
Surely this is a high misdemeanor. What is the House of Reps waiting for? An intern? A low misdemeanor?
“It was not expected that they would effectively ignore the order and declaratory judgment for two and one-half weeks, continue to implement the Act, and only then file a belated motion to ‘clarify,’” Vinson wrote.”
I wonder what would happen if everybody simply ignored court rulings? Perhaps we should then stop following federal laws? Why not? If court rulings don’t mean anything anymore, why pay attention to anybody? I’m sure people would love NOT to pay taxes, people would NOT want to follow any rules at airports or on highways, and people would NOT want to follow any federal laws enacted by Congress. What’s not to love?
It just shows you how corrupt the main stream media is these days that they don’t even bring this issue up. The Obama administration also ignored a court’s ruling to allow for more drilling in the Gulf of Mexico. It’s nice when you can pick and choose the court rulings that you’d like to follow. And yet the main stream media says nothing. And then they wonder why nobody watches network news anymore or reads the newspapers. Shame on them.
Article II, Section 1: Before he enter on the Execution of his Office, he shall take the following Oath or Affirmation:–”I do solemnly swear (or affirm) that I will faithfully execute the Office of President of the United States, and will to the best of my Ability, preserve, protect and defend the Constitution of the United States.”
Article II, Section 3: “…(the president)shall take Care that the Laws be faithfully executed,… Nary a mention of ‘pick and choose’
He publically commited extortion of the Chrysler bondholders, bankers and financiers; and BP. He has suborned the bankruptcy laws of the US; he has on numerous occassions attempted to circumvent the Congress by edict through EPA; and is now attempting to take unlawful control of the Internet through DHS. He has repeatedly violated the fundamental tenant of equal justice under law.
However, the most egregious usurpation of authority not delegated is the unilateral commitment of US Combat forces for the ‘humanitarian intervention’ in the internal affairs of a sovereign nation for which he has no legal, moral, or Constitutional authority. The Founders were adamant that the president be denied any such authority because for centuries kings had used that ploy to embroil citizens in petty wars. This can not be tolerated!
When did we elect a dictator? Or is he a super hero, where the ends justifies the means?
If he had any vision of the future, he’d be signing an act ending all immigration. Talk to our great great grand kids 100 years from now when the world is ablaze from end to end with 10 to 15 billion people and the one country that made the difference in the 40s is no longer available due to 600 million to one billion entitled morons scratching each others eyes out.
If we could keep America and Europe secure from being overwhelmed with numbers, they may be the only sane bases from which to save a world.
While I agree with almost 100% of the comments here, I’d like to remind you all that a US President once said (after a US Supreme Court decision went against him), “The Chief Justice has made his ruling. Now let him enforce it.”
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Obama has his and his ilk’s view of the USA, it is tracks of socialist maneuvers.
Look out..something sinister is lurking in the wings. This guy could get re-elected.
Trump seems the only potential winning candidate according to poll results.
If this guy is so despised why are his numbers so high?
You haven’t seen anything yet.
Wait until his pen strikes down the Second Amendment and then to amendment 22 so that he can remain in power until death.
One possibility which keeps needling at me is the image of rent-a-thug SEIU members manufacturing riots against white-haired tea partiers at election rallies across the country, Bam Bam declaring martial law, elections suspended, the Obama controlled Council of Governors carrying out his edicts, and you can imagine from there. My only question is: would the military back their Commander-in-Defeat?
The military backed Hoover and opened fire on WWI vets protesting in DC that the Government wasn’t keeping its promises to them. I have no reason to believe that the same wouldn’t happen today either.
Thank you–very interesting facts I just learned about the WWI vets’ Bonus March, not taught in public schools’ history classes. I guess now I’m just hoping enough of our soldiers know that many of the ruling party are trying to stifle military votes.
This isn’t rule of law as laid out in our Constitution or Bill of Rights. This is rule by fiat. I can’t see how it could be enforced in a way that would survive legal challenge.
As said before the executive branch is the only branch of govt. with the power or ability to enforce law. Can anyone imagine Holder resigning over a Presidential Executive Order? Would Holder resign if Obama ignored a court ruling? Well he has not so far. Would he even step down if he were Impeached and would Holder resign if the President did not step down?
We are fast moving to a very uncomfortable place. All very small steps, but steps just the same on a very slippery slope.
We are fast on the track to re-electing o. or martial law.
The republicans will do nothing to curb this ursurpation of congressional powers, nothing. They are part and parcel of this abomination of a government. They want these dictatorial powers in place just in case they will place one of their own in the oval office.
“One ruling class hand washes the other ruling class hand and the citizen be damned” is now the basic tenet of the government.
Bring back the Constitution.
These are the powers the Boy George Bush started. Or don’t you guys have memory of what went on before President Obama was elected. It was all great and good while Bush did it, now live with the consequences of it.
I hate to tell you this Lars, but Bush was far from the first president to use executive orders and signing statements to get around the law. Read history, you know, those dead white guys? Abraham Lincoln used an executive order to suspend habeus corpus, declare martial law in the south and free the slaves. You know? The Emancipation Proclamation? Or have you not heard of that?
Patrick
Lars – Could you be more explicit as to what you are referring?
Executive orders have been in-use long before GWB held office, Lars (see, for example, DavidMac reply above).
The truth of the matter is that Congress historically, has failed to rein-in the Executive branch such that with each successful repudiation of legislation, absence of the same and/or contrary judicial decision, Executive power has tacitly grown. Given Obama’s now more-frequent and far more-brazen–not to mention repugnant–use of Executive orders, Congress should enact legislation that invalidates the use of this device.
Failure to do so largely means Congress will no longer have a genuine role in American governance.
The House of Representatives has the power of the purse. They need to defund every government agency that has any part of executing any illegal executive order. The House should do this as part of the upcoming debt ceiling battle.
Is the old proverb the pen is mightier than the sword about to be tested? This crap can’t continue, no single son -of- a- bitch can keep spending our money and bi-passing our democratic State without severe consequences somewhere along the line. Is the other question when, where and how much?
re-election or martial law?
Who knows, time will tell I guess.
I agree with you on the subject of executive orders but I would find the position much more defensible had conservatives spoken up when Bush and Cheney were using exectuive orders and signing statements to gut the Constitution and authorize pre-emptive war, torture, and unlawful search and seizure.
*sigh* See above re: Abraham Lincoln
This imposter has to go either for impeachment (which won’t happen in the Senate) or 2012 before he impovishs the entire country to the level of a 4th not 3rd world country
Ladies and Gentlemen…there is no doubt that this President is the most radical and self-appointed master of the universe we have ever seen. His arrogance has been matched by no one. The vast majority of his actions fly under the radar because anything that might remotely indicate controversy is NOT covered by the main stream media either in print, radio or television. I would wager that even many of Obama’s followers would change their minds if they were provided the truth of this President’s underhanded dealings. Can you imagine if the main stream media led off with headlines that said “President Obama Picks and Chooses Which Laws He Will Defend, Rather Than Honor His Oath As President To Protect And Defend The Constitution”.
I wonder how many people are really aware of what he is doing? We simply MUST find someone in the mainstream media that will actually investigate and report the shenannigans of this anti-American imposter.
Arrogance
http://www.grouchyoldcripple.com/archives/arrogance%205.JPG
http://img849.imageshack.us/img849/580/obamathird.jpg
Fantastic article; keep up the good work!
A government of Obama/Soros, by Obama/Soros and for Obama/Soros.
Whatever happened to a government of the people? It should be against the law to make and sign executive orders.
President Obama commits high crimes and misdemeanors in the highest office of the land by not obeying the rulings of a Federal Judge. If the implementation of his nick named “Obamacare” is not stopped immediately under the Judge’s findings, President Obama commits criminal action and must be removed from office by impeachment. It is absurd that Congress allows this communist dictator to remain in power unchecked legislating, from the Oval Office, laws that must be heard in the House of Representatives where, under the Constitution, all spending must originate.
Impeach.
For a real eye opener, read very closely the entire body of:
“THE PRESIDENT’S CONSTITUTIONAL AUTHORITY TO CONDUCT MILITARY OPERATIONS AGAINST TERRORISTS AND NATIONS SUPPORTING THEM.”
Technically, this is the argument used to usher in the Bush Doctrine. Having succeded, the constitutional arguments for the powers of the President and the Executive over the congress opens some interesting and frightening doors of even more areas of constitutional abuse for succeeding presidents via what has become routine with congressional approvals.
If such arguments on those premises continue and prevail, one day the president will not need a veto pen. One day,the congress will have declared the constitution null and void or continue surrendering it ultimately to a King or dictator presidency.
Consider their constitutional arguments of ‘declaring war versus making war’ and then, read Article II section 2 for its precise language. Then, consider the issues of Presidential Orders and Presidential Signing Statements that circumvent congressional legislative authority in additional to a Presidents Veto powers.
Anyway, some very interesting overall, constitutional interpreatations when reading through the entire opinion.
“No man is above the law and no man below it.” Teddy Roosevelt
Sadly Obama would have no clue when it comes to this statement being as he is totally devoid of any historic context. I’ve said it before and I’ll say it again, Obama is not here to govern, he is here to rule.
The chances of this not “ending well” remains at about 50/50. The fact that I can rationalize a scenario where Obama reaches to maintain power beyond the confines of the constitution scares that feces out of me at times.
I heard on the news that one of the border agents killed by the Mexican drug mobs had guns that came from ATF (Alcolol Tobacco and FIrearms) branch of the gov’t next to him. Darrell Issa has asked DOJ for info on this and was refused the info. I think we need to start going to the shows on the street that ABC, NBC and CBS do and start screaming out why isn’t Issa getting info on the murdered Border agents killed with ATF guns, or why does Obama want to violate the SCOTUS ruling on the DISCLOSE act. It’s the only way these stations are going to have to answer- when their viewers wonder why the hell people are screaming these questions. maybe they’ll demand answers.