Constitution Skirting Obama Executive Orders

Constitution Skirting Obama Executive Orders is the title of an article by Calvin Woodward and Richard Lardner of the Associated Press. This is what "Forward" looks like. Fast forward, even. President Barack Obama's campaign slogan is springing to life in a surge of executive directives and agency rule-making that touch many of the affairs of government. They are shaping the cost and quality of health plans, the contents of the school cafeteria, the front lines of future combat, the price of coal. They are the leading edge of Obama's ambition to take on climate change in ways that may be unachievable in legislation.

Altogether, it's a kinetic switch from what could have been the watchword of the Obama administration in the closing, politically hypersensitive months of his first term: pause.

Whatever the merits of any particular commandment from the president or his agencies, the perception of a government expanding its reach and hitting business with job-killing mandates was sure to set off fireworks before November.

Since Obama's re-election, regulations giving force and detail to his health care law have gushed out by the hundreds of pages. To some extent this was inevitable: The law is far-reaching and its most consequential deadlines are fast approaching.

The rules are much more than fine print, however, and they would have thickened the storm over the health care overhaul if placed on the radar in last year's presidential campaign. That, after all, was the season when some Republicans put the over-the-top label "death panel" on a board that could force cuts to service providers if Medicare spending ballooned.

The new health law rules provide leeway for insurers to charge smokers thousands of dollars more for coverage. They impose a $63 per-head fee on insurance plans — a charge that probably will be passed on to policyholders — to cushion the cost of covering people with medical problems. There's a new fee for insurance companies for participating in markets that start signing customers in the fall.

In short, sticker shock.

It's clear from the varied inventory of previously bottled-up directives that Obama cares about more than "Obamacare."

"I'm hearing we're going to see a lot of things moving now," Hilda Solis told employees in her last day as labor secretary. At the Labor Department, this could include regulations requiring that the nation's 1.8 million in-home care workers receive minimum-wage and overtime pay.

Tougher limits on soot from smokestacks, diesel trucks and other sources were announced just over a month after the Nov. 6 election. These were foreseen: The administration had tried to stall until the campaign ended but released the proposed rules in June when a judge ordered more haste.

Regulations give teeth and specificity to laws are essential to their functioning even as they create bureaucratic bloat. Congress-skirting executive orders and similar presidential directives are less numerous and generally have less reach than laws. But every president uses them and often tests how far they can go, especially in times of war and other crises.

President Harry Truman signed an executive order in 1952 directing the Commerce Department to take over the steel industry to ensure U.S. troops fighting in Korea were kept supplied with weapons and ammunition. The Supreme Court struck it down.

Other significant actions have stood.

President Franklin D. Roosevelt issued an order in February 1942 to relocate more than 110,000 Japanese-Americans living on the West Coast to internment camps after Japan's attack on the Pearl Harbor naval base. Decades later, Congress passed legislation apologizing and providing $20,000 to each person who was interned.

After the terrorist attacks of Sept. 11, 2001, President George W. Bush approved a series of executive orders that created an office of homeland security, froze the assets in U.S. banks linked to al-Qaida and other terrorist groups, and authorized the military services to call reserve forces to active duty for as long as two years.

Bush's most contentious move came in the form of a military order approving the use of the military tribunals to put accused terrorists on trial faster and in greater secrecy than a regular criminal court.

Obama also has wielded considerable power in secret, upsetting the more liberal wing of his own party. He has carried forward Bush's key anti-terrorism policies and expanded the use of unmanned drone strikes against terrorist targets in Pakistan and Yemen.

When a promised immigration overhaul failed in legislation, Obama went part way there simply by ordering that immigrants brought illegally to the United States as children be exempted from deportation and granted work permits if they apply. So, too, the ban on gays serving openly in the military was repealed before the election, followed now by the order lifting the ban on women serving in combat.

Those measures did not prove especially contentious. Indeed, the step on immigration is thought to have helped Obama in the election. It may be a different story as the administration moves more forcefully across a range of policy fronts that sat quiet in much of his first term.

William Howell, a political science professor at the University of Chicago and the author of "Power Without Persuasion: The Politics of Direct Presidential Action," isn't surprised to see commandments coming at a rapid clip.

"In an era of polarized parties and a fragmented Congress, the opportunities to legislate are few and far between," Howell said. "So presidents have powerful incentive to go it alone. And they do."

And the political opposition howls.

Sen. Marco Rubio, R-Fla., a possible contender for the Republican presidential nomination in 2016, said that on the gun-control front in particular, Obama is "abusing his power by imposing his policies via executive fiat instead of allowing them to be debated in Congress."

The Republican reaction is to be expected, said John Woolley, co-director of the American Presidency Project at the University of California in Santa Barbara.

"For years there has been a growing concern about unchecked executive power," Woolley said. "It tends to have a partisan content, with contemporary complaints coming from the incumbent president's opponents."

The power isn't limitless, as was demonstrated when Obama issued one of his first executive orders, calling for closing the military prison at the Guantanamo Bay naval base in Cuba and trying suspected terrorists housed there in federal courts instead of by special military tribunals. Congress stepped in to prohibit moving any Guantanamo prisoners to the U.S., effectively blocking Obama's plan to shutter the jail.

Among recent actions:

—Obama issued presidential memoranda on guns in tandem with his legislative effort to expand background checks and ban assault-type weapons and large capacity magazines. The steps include renewing federal gun research despite a law that has been interpreted as barring such research since 1996. Gun control was off the table in the campaign, as it had been for a decade, but the shooting at a Connecticut elementary school in December changed that overnight.

—The Labor Department approved new rules in January that could help save lives at dangerous mines with a pattern of safety violations. The rules were proposed shortly after an explosion killed 29 men at West Virginia's Upper Big Branch mine in 2010, deadliest mining accident in 40 years. The rules had been in limbo ever since because of objections from mine operators.

—The government proposed fat, calorie, sugar and sodium limits in almost all food sold in schools, extending federal nutritional controls beyond subsidized lunches to include food sold in school vending machines and a la carte cafeteria lines. The new proposals flow from a 2010 law and are among several sidelined during the campaign.

The law provoked an outcry from conservatives who said the government was empowering itself to squash school bake sales and should not be telling kids what to eat. Updated regulations last year on subsidized school lunches produced a backlash, too, altogether making the government shy of further food regulation until the election passed. The new rules leave school fundraisers clear of federal regulation, alleviating fears of cupcake-crushing edicts at bake sales and the like.

—The Justice Department released an opinion that people with food allergies can be considered to have the rights of disabled people. The finding exposes schools, restaurants and other food-service places to more legal risk if they don't accommodate patrons with food allergies.

—The White House said Obama intends to move forward on rules controlling carbon emissions from power plants as a central part of the effort to restrain climate change, which the president rarely talked about after global-warming legislation failed in his first term. With a major climate bill unlikely to get though a divided Congress, Obama is expected to rely on his executive authority to achieve whatever progress he makes on climate change.

The Environmental Protection Agency is expected to complete the first-ever limits on carbon pollution from new coal-fired power plants. The agency also probably will press ahead on rules for existing power plants, despite protests from industry and Republicans that such rules would raise electricity prices and kill off coal, the dominant U.S. energy source. Older coal-fired power plants have been shutting across the country because of low natural gas prices and weaker demand for electricity.

—In December, the government proposed long-delayed rules requiring automakers to install event data recorders, or "black boxes," in all new cars and light trucks beginning Sept. 1, 2014. Most new cars are already getting them.

—The EPA proposed rules to update water quality guidelines for beaches and control runoff from logging roads.

As well, a new ozone rule probably will be completed this year, which would mean finally moving forward on a smog-control standard sidelined in 2011.

A regulation directing federal contractors to hire more disabled workers is somewhere in the offing at the Labor Department, as are ones to protect workers from lung-damaging silica and reduce the risk of deadly factory explosions from dust produced in the making of chemicals, plastics and metals.

Rules also are overdue on genetically modified salmon, catfish inspection, the definition of gluten-free in labeling and food import inspection. In one of the most closely watched cases, Obama could decide early this year whether to approve the Keystone XL oil pipeline from Canada to Texas.

Obama's Transformation of America

This article came from Steve McCann and the American Thinker magazine, published in May 2012. The possibility of this coming to pass should get everyone's attention. His actions have supported this premise and all Americans should be worried. If you aren't, you should be.

Obama's Second Term Transformation of America Plans. 

Is it already too late? The 2012 election has often been described as the most pivotal since 1860. This statement is not hyperbole. If Barack Obama is re-elected the United States will never be the same, nor will it be able to re-capture its once lofty status as the most dominant nation in the history of mankind.

The overwhelming majority of Americans do not understand that Obama's first term was dedicated to putting in place executive power to enable him and the administration to fulfill the campaign promise of "transforming America" in his second term regardless of which political party controls Congress. That is why his re-election team is virtually ignoring the plight of incumbent or prospective Democratic Party office holders.

The most significant accomplishment of Obama's first term is to make Congress irrelevant. Under the myopic and blindly loyal leadership of Harry Reid and Nancy Pelosi, the Democrats have succeeded in creating an imperial and, in a second term, a potential dictatorial presidency.

During the first two years of the Obama administration when the Democrats overwhelming controlled both Houses of Congress and the media was in an Obama worshipping stupor, a myriad of laws were passed and actions taken which transferred virtually unlimited power to the executive branch.

The birth of multi-thousand page laws was not an aberration. This tactic was adopted so the bureaucracy controlled by Obama appointees would have sole discretion in interpreting vaguely written laws and enforcing thousands of pages of regulations they and not Congress would subsequently write.

For example, in the 2,700 pages of ObamaCare there are more than 2,500 references to the Secretary of Health and Human Services. There are more than 700 instances when he or she is instructed that they "shall" do something and more than 200 times when they "may" take at their sole discretion some form of regulatory action. On 139 occasions, the law mentions that the "Secretary determines."

In essence one person, appointed by and reporting to the president, will be in charge of the health care of 310 million Americans once ObamaCare is fully operational in 2014. The same is true in the 2,319 pages of the Dodd-Frank Financial Reform Act which confers nearly unlimited power on various agencies to control by fiat the nation's financial, banking and investment sectors. The bill also creates new agencies, such as the Consumer Financial Protection Bureau, not subject to any oversight by Congress. This overall process was repeated numerous times with other legislation all with the intent of granting unfettered power to the executive branch controlled Barack Obama and his radical associates.

Additionally, the Obama administration has, through its unilaterally determined rule making and regulatory powers, created laws out of whole cloth. The Environmental Protection Agency on a near daily basis issues new regulations clearly out of their purview in order to modify and change environmental laws previously passed and to impose a radical green agenda never approved by Congress. The same is true of the Energy and Interior Departments among many others.

None of these extra-constitutional actions have been challenged by Congress. The left in America knows this usurpation of power is nearly impossible to reverse unless stopped in its early stages. It is clearly the mindset of this administration and its appointees that Congress is merely a nuisance and can be ignored after they were able to take full advantage of the useful idiots in the Democrat controlled House and Senate in 2009-2010 and the Democrat Senate in the current Congress.

Additionally, Barack Obama knows after his re-election a Republican controlled House and Senate will not be able to enact any legislation to roll back the power previously granted to the Executive Branch or usurped by them. His veto will not be overridden as there will always be at least 145 Democratic members of the House or 34 in the Senate in agreement with or intimidated by an administration more than willing to use Chicago style political tactics.

The stalemate between the Executive and Legislative Branches will inure to the benefit of Barack Obama and his fellow leftists. The most significant power Congress has is the control of the purse-strings as all spending must be approved by them. However, once re-elected, Barack Obama, as confirmed by his willingness to do or say anything and his unscrupulous re-election tactics, would not only threaten government shutdowns but would deliberately withhold payments to those dependent on government support as a means of intimidating and forcing a Republican controlled Congress to surrender to his demands, thus neutering their ability to control the administration through spending constraints.

Further, this administration has shown contempt for the courts by ignoring various court orders, e.g. the Gulf of Mexico oil drilling moratorium, as well as stonewalling subpoenas and requests issued by Congress. The Eric Holder Justice Department has become the epitome of corruption as part of the most dishonest and deceitful administration in American history.

In a second term the arrogance of Barack Obama and his minions will become more blatant as he will not have to be concerned with re-election. Who will be there to enforce the rule of law, a Supreme Court ruling or the Constitution? No one. Barack Obama and his fellow-travelers will be unchallenged as they run roughshod over the American people.

Many Republicans and conservatives dissatisfied with the prospect of Mitt Romney as the nominee for president are instead focused on re-taking the House and Senate. That goal, while worthy and necessary, is meaningless unless Barack Obama is defeated. The nation is not dealing with a person of character and integrity but someone of single-minded purpose and overwhelming narcissism. Judging by his actions, words and deeds during his first term, he does not intend to work with Congress either Republican or Democrat in his second term but rather to force his radical agenda on the American people through the power he has usurped or been granted.

The governmental structure of the United States was set up by the founders in the hope that over the years only those people of high moral character and integrity would assume the reins of power. However, knowing that was not always possible, they dispersed power over three distinct and independent branches as a check on each other.

What they could not imagine is the surrender and abdication of its constitutional duty by the preeminent governmental branch, the Congress, to a chief executive devoid of any character or integrity coupled with a judiciary essentially powerless to enforce the law when the chief executive ignores them.

Conservatives, Libertarians, the Republican Party and Mitt Romney must come to grips with this moment in time and their historical role in denying Barack Obama and his minions their ultimate goal. All resources must be directed at that end-game and not merely controlling Congress and the various committee chairmanships. Steve McCann May 12, 2012

Yep! Ain't It Just So?

This cartoon clip is about the easiest way to understand the difference between socialism with the bondage that creates and the free market society with self-responsibility annd the fredom to pursue happyness according to your work ethics and initiative.

The full documentary is available at I Want Your Money The full length documentary features great in-depth interviews with economic experts and knowledgeable political figures including: