Friday, October 26, 2012

Executive Orders Trump Congressional Legislation

Executive Orders Trump Congressional Legislation 

When Mr Obama assumed office in January 2009, he began building the infrastructure for his second term; specifically, using the system of Executive Orders [EO], National Security Directives [NSD], and Homeland Security Presidential Directives [HSPD] to by-pass Congress in creating near-dictatorial powers for the Executive Office. 

Included in these powers are absolute control of the telecommunications infrastructure, to in include cell phones, texting, internet access, etc.

The Supreme Court, in 1983, ruled in Immigration & Naturalization Service v. Chadha that Congress' only remedy to EOs was through withholding funding for the execution of the EOs.  But, most of the EOs can be executed without funding since they simple grant the President additional powers.

Mr Obama set a team of lawyers, working non-stop since January 2009, to creating more than 140 Executive Orders, an unprecedented accumulation of power in the Oval Office.  Democrats defend Mr Obama's actions by noting that Mr Bush also created a similar number of EOs; the difference is that Mr Bush generated most of his orders to deal with the contingencies of 9/11 -- and his EOs spanned eight years.  Mr Obama had no threats to deal with, and generated his EOs in only three and a half years.

A cynic might conclude that these EOs will enable Mr Obama to establish dictatorial powers during his second term.  If he is re-elected, we'll learn of his intentions before his second inauguration.

A sampling of the 140+ Executive Orders emplaced by President Obama in 42 months 

19 July 2010
Stewardship of the Ocean, Our Coasts, and the Great Lakes

1) Establishes a national policy to ensure the protection, maintenance, and restoration of the health of all US water bodies – and “coordinate with our ‘national security interests’.”

2) proactive approach to planning and managing sustainable multiple uses across sectors

3) Establish National Ocean Council [NOC] w Co-Chair: Dir of  National Science & Tech Policy
Places all water bodies: Ocean, lakes, rivers, etc., under the purview of the Fed Government,
NOC is staffed by, and under purview of National Sec Advisor, DOD, DHS, DNI, and DOJ
11 JAN 1010
Establishment of the Council of Governors

Council of 10 State Governors
SecDef designates Executive Director
Meets at order of SecDef
Gives authority over States’ resources of  civil support [e.g., FEMA],  National Guard and Homeland Security issues to the SecDef
5 Feb 2009
Amends EO 12859
Domestic Policy Council
1) Replaces Advisor for Policy Dev w Assistant for Energy & Climate Change

2) Replaces AIDS Policy Coordinator w Chief Technology Officer

3) Replaces CEO for National & Community Service w Director, Office of Science & Technology Policy

Creates new czars via existing EO by changing titles, and thus functions
18 Aug 2010
Classified National Security Information Programs for State, Local, Tribal, and Private Sector [SLTPS] Entities
1) Structures security standards governing access to classified material

2) Establishes SLTPS Policy Advisory Committee to establish and govern policy and implementation
1) Establishes federal standards and oversight of all information deemed classified by the federal government

2) Places all information declared classified held at states
under the oversight and control of DHS
16 Dec 2009
Amending Executive Order 12425 Designating Interpol as a Public International Organization Entitled to Enjoy Certain Privileges, Exemptions, and Immunities
Extends the powers of Interpol to operate in the US,
Extends the powers of Interpol Jurisdiction over US Citizens
4 Nov 2010
Controlled Unclassified Information
Establishes controls for Unclassified Information maintained by the government as “Controlled Unclassified Information” [CUI]
Allows federal government to exclude public access to any government files or information by declaring it CUI. 
[Ends FOIA]
16 Mar 2012
National Defense Resources Preparedness
In the event of  “potential threat”  to national security, ensure availability of resources and production, services and critical technology for national defense.
Allows DHS to seize control of resources, production, services and technology if a “potential threat” is declared
22 Mar 2012
Improving Performance of Federal Permitting and Review of Infrastructure Projects

Federal government controls Infrastructure – under the purview of the National Security Council
1 May 2012
Promoting International Regulatory Cooperation

 Extends international control over US legislation
10 May 2012
Identifying and Reducing Regulatory Burdens

 Allows federal/Presidential "interpretation" of legislation
14 June 2012
Accelerating Broadband Infrastructure Deployment

Federal control of Broadband
25 June 2012
Blocking Property of the Government of the Russian Federation Relating to the Disposition of Highly Enriched Uranium Extracted From Nuclear Weapons
Declares a 
NATIONAL EMERGENCY based on the existence of former Soviet nuclear weapons fissile material now in Russia
Declaration of a National Emergency authorizes the President to implement earlier EOs, the Patriot Act, and the NDAA to suspend Constitutional Rights of Americans, to include the declaration of Martial Law
6 July 2012
Assignment of National Security and Emergency Preparedness Communications Functions
Enables the Executive Branch to establish controls, under all circumstances – to ensure National Security, manage emergencies, and improve “national resilience” to communicate within itself and with:  the legislative and judicial branches; State, local, territorial, and tribal governments; private sector entities; and the public, allies, and other nations
Authorizes the Executive Branch to seize control over all aspects of the US telecommunications infrastructure – public and private sector –  to include landlines, Internet, Wireless, cell phones, texting, etc.

In addition to the Presidential Powers established in these Executive Orders, additional
powers are created through National Security Directives and Homeland Security Presidential Directives
-- to be covered in subsequent blog posts.