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
EO
|
DATE
|
TITLE
|
KEY POINTS
|
IMPACT
|
13147
|
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
|
13528
|
11 JAN 1010
|
Establishment of the
Council of Governors
[UP NDAA]
|
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
|
13500
|
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
|
13549
|
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
|
13524
|
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
|
13556
|
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]
|
13603
|
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
|
13604
|
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
|
|
13609
|
1 May 2012
|
Promoting International
Regulatory Cooperation
|
Extends international
control over US legislation
|
|
13610
|
10 May 2012
|
Identifying and Reducing
Regulatory Burdens
|
Allows
federal/Presidential "interpretation" of legislation
|
|
13616
|
14 June 2012
|
Accelerating Broadband
Infrastructure Deployment
|
Federal control of
Broadband
|
|
13617
|
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
|
13618
|
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.
|
powers are created through National Security Directives and Homeland Security Presidential Directives
-- to be covered in subsequent blog posts.
