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Clinton,
Comments on Federalism
Executive Order of the president of the U.S. from
England
President Clinton's new Executive Orders [13083 May 14, 1998],
entitled Federalism, is a major step towards rendering state
legislatures to a mostly ceremonial status, with most major laws
("policies") enacted or controlled and run by federal agencies.
Presidents have written many dangerous EO's, but this is the
first I have been aware of for which there was time to stop it.
Congress had a limited number of days in which it could stop it,
and after that they cannot kill the EO except by passing
legislation over a Presidential veto.
Because of the blatantly unconstitutional usurpation of state,
local and even private institutions and agencies, this EO should
have been of great interest to all state legislators, as well as
Congressmen and citizens. Had enough people become aware of it
they might have been able to stop it. This historical steps do
not seem to be news worthy in the minds of the media.
In Section 1 this Edict sets centralized autocratic authority
of federal, state, county or private agencies into the office of
the president.
Section 2 drives a knife into the spirit of liberty in America.
While, this sweeping order declares that the, "Federal
Government should recognize the responsibility of... States,
local government private associations, neighborhoods, families,
and individuals to achieve personal, social, environmental, and
economic objectives through cooperative effort," at the same
time the presidency claims that, "Federal law," has the power,
"to define the moral, political, and legal character of their
lives."
That statement alone is a declaration of usurpation of man over
man in place of God.
For Section 3(d)(2) claims for the presidency the authority
as the alpha and omega of far reaching situations and resources.
Everything from rivers to the migration of birds and bugs can
give the powerful centralized hand of the president in every
corner of America. If Section 3(d)(2) gives federal agencies
authority over every spot of ground on which rain falls, then
federal agencies will control all the land and the people who
must live upon it..
Sec. 3. (d) (3) refers to a "need for uniform national
standards." How far can such need extend? Vaccinations,
education, identification, regulations, whatever oppressive
regulation is made it will now be made on a sweeping federal
scale by the president and his agencies.
"When all government, in little as in great things, shall be
drawn to Washington as the Center of all Power, it will render
powerless the checks provided of one government on another and
will become as venal and oppressive as the government from which
we separated." THOMAS JEFFERSON 1821- In a letter to Gideon
Granger.
Power, authority and control is seized by any agency under the
executive power of the Commander in Chief if he or his agencies
believe that a [Sec. 3(d)(4)], federal or private agency can
govern more cheaply or if a federal agency can better protect
"individual rights and liberties" [Sec. 3(d)(5)]; or if an
agency believes the state is unable to implement a policy [Sec.
3(d)(7)].
All government programs in existence or that the 'Feds' think
should be in existence will be controlled by the 'Feds.' The
president has already stated that gun ownership rights Whether
in the cases of Japanese internment camps in W.W.II, genocide of
the American aborigines as their land was stolen, the Muskeegee
experiments, etc. Now federal bureaucrats will decide whether
they can better "protect" our rights than our local government
does. Your taxes will go not for your schools or state schools
but for the president's schools.
Sec. 4 Federal agencies will govern. Representatives of state
and local government (but no individuals) can register
complaints but no action needs to be taken on those complaints.
There will be no consideration of individual rights, and there
will be no mechanism to reimburse individuals who are harmed.
Sec. 5 Sets up waivers. This is necessary to enable rewards for
special friends in local government who are willing to do what
they are told and don't make waves.
The essence of the order is that Federal Agencies should, if
they wish, recognize provisions of the Constitution protecting
the rights of states and individuals and should think it over
carefully before overriding them. State's rights will be subject
to the whims of Federal Agencies.
If the replacement of definitive words in the
Constitution such as must and shall by waffle words, such as may
and could, isn't alarming enough, the words toward the end of
the order should be enough to jar awake even the most jaded
observer of American government. Clinton's Executive Order
states that Reagan's Executive Order 12612 of October 26, 1987
is revoked.
For a decade. this order by President Reagan served to
highlight the 10th Amendment to the Constitution and reaffirm
its meaning to our lawmakers. This Executive Order also
underscored Mr. Reagan's commitment to returning the powers of
the government to the people.
By revoking this executive order, President Clinton
demonstrates his contempt for the Constitution and individual
rights, and asserts his commitment to a massive central
government.
There was legislation that could have stopped this E.O. on the
desk of Republican Senators but nothing was done. The thirty
days that should have been taken advantage of came and went. By
the 15th day of August this executive order will be in place as
law in the United States and American freedom will be at the
mercy of the powers of men usurping the hand of God himself.
[The president has postponed the activation of this EO by
starting the 90 day count down again. That would move D-Day to
the 20th of October. This was due to the protest of several
governors.]
When the 1787 Constitution was ready to be submitted to the
Governors of the states for ratification, Patrick Henry, the
immortal voice for Liberty, lectured against it in the Virginia
State House for three weeks, criticizing the Constitution,
warning that it had been written" as if good men will take
office!" He asked what they would do "when evil men took
office!" "When evil men take office, the whole gang will be in
collusion," he declared, "and they will keep the people in utter
ignorance and steal their liberty by ambuscade!" (Entrapment
from a concealed position.) He further warned that the new
federal government had too much money and too much power and it
would consolidate power unto itself, converting us "into one
solid empire"." And the President with the treaty power would
"lead in the treason."
Many patriots often write Clinton's name with a 'K' to denote
his Kremlin type behavior but a 'Q' would be at least as
appropriate. I believe that Clinton will go down in history as
the Quisling of the American people.
Should we serve the United States Federal Democracy, its
Emperor (Commander in chief of the military with the power to
make treaty and set foreign policy), its Principas Civitas
(first citizen, chief executive officer of Rome) and its
ApoTheos (appointor of judges and magistrates)? These were the
three elected offices of Caesar to which he was elected to by a
vote of an electoral college, solemnized by oath, of Caesar
Augustus and subsequent emperors of Rome.
Gregory at the ekklesia
[Note: some of the comments above were originally made by Glen
Burdue Mayfield, Kansas]
The Presidential Executive Order on Federalism can be accessed
on Internet by the following:
http://www.whitehouse.gov Click on "Virtual Library" / Click on
"All White House web features combined" Search on / Federalism
/ Using date from May 14, 1998 / to date May 14, 1998.
THE WHITE HOUSE
Office of the Press Secretary (Birmingham,
England)
_________________________________________________________________
__
For Immediate Release May 14, 1998
EXECUTIVE ORDER
FEDERALISM
By the authority vested in me as President by the
Constitution and the laws of the United States of America, and
in order to guarantee the division of governmental
responsibilities, embodied in the Constitution, between the
Federal Government and the States that was intended by the
Framers and application of those principles by the Executive
departments and agencies in the formulation and implementation
of policies, it is hereby ordered as follows:
Section 1. Definitions. For purposes of this order:
(a) "State" or "States" refer to the States of the United
States of America, individually or collectively, and, where
relevant, to State governments, including units of local
government and other political subdivisions established by the
States.
(b) "Policies that have federalism implications" refers to
Federal regulations, proposed legislation, and other policy
statements or actions that have substantial direct effects on
the States or on the relationship, or the distribution of power
and responsibilities, between the Federal Government and the
States.
(c) "Agency" means any authority of the United States that
is an "agency" under 44 U.S.C. 3502(1), other than those
considered to be independent regulatory agencies, as defined in
44 U.S.C. 3502(5).
Sec. 2. Fundamental Federalism Principles. In formulating
and implementing policies that have federalism implications,
agencies shall be guided by the following fundamental federalism
principles:
(a) The structure of government established by the
Constitution is premised upon a system of checks and balances.
(b) The Constitution created a Federal Government of
supreme, but limited, powers. The sovereign powers not granted
to the Federal Government are reserved to the people or to the
States, unless prohibited to the States by the Constitution.
(c) Federalism reflects the principle that dividing power
between the Federal Government and the States serves to protect
individual liberty. Preserving State authority provides an
essential balance to the power of the Federal Government, while
preserving the supremacy of Federal law provides an essential
balance to the power of the States.
(d) The people of the States are at liberty, subject only
to the limitations in the Constitution itself or in Federal law,
to define the moral, political, and legal character of their
lives.
(e) Our constitutional system encourages a healthy
diversity in the public policies adopted by the people of the
several States according to their own conditions, needs, and
desires. States and local governments are often uniquely
situated to discern the sentiments of the people and to govern
accordingly.
(f) Effective public policy is often achieved when there is
competition among the several States in the fashioning of
different approaches to public policy issues. The search for
enlightened public
policy is often furthered when individual States and local
governments are free to experiment with a variety of approaches
to public issues. Uniform, national approaches to public policy
problems can inhibit the creation of effective solutions to
those problems.
(g) Policies of the Federal Government should recognize the
responsibility of -- and should encourage opportunities for
-States, local governments, private associations, neighborhoods,
families, and individuals to achieve personal, social,
environmental, and economic objectives through cooperative
effort.
Sec. 3. Federalism Policymaking Criteria. In addition to
adhering to the fundamental federalism principles set forth in
section 2 of this order, agencies shall adhere, to the extent
permitted by law, to the following criteria when formulating and
implementing policies that have
federalism implications:
(a) There should be strict adherence to constitutional
principles. Agencies should closely examine the constitutional
and statutory authority supporting any Federal action that would
limit the policymaking discretion of States and local
governments, and should carefully assess the necessity for such
action.
(b) Agencies may limit the policymaking discretion of
States and local governments only after determining that there
is constitutional and legal authority for the action.
(c) With respect to Federal statutes and regulations
administered by States and local governments, the Federal
Government should grant States and local governments the maximum
administrative discretion possible. Any Federal oversight of
such State and local administration
should not unnecessarily intrude on State and local discretion.
(d) It is important to recognize the distinction between
matters of national or multi-state scope (which may justify
Federal action) and matters that are merely common to the States
(which may not justify Federal action because individual States,
acting individually or together, may effectively deal with
them). Matters of national or multi-state scope that justify
Federal action may arise in a variety of circumstances,
including:
(1) When the matter to be addressed by Federal action
occurs interstate as opposed to being contained within one
State's boundaries.
(2) When the source of the matter to be addressed occurs in
a State different from the State (or States) where a significant
amount of the harm occurs.
(3) When there is a need for uniform national standards.
(4) When decentralization increases the costs of government
thus imposing additional burdens on the taxpayer.
(5) When States have not adequately protected individual
rights and liberties.
(6) When States would be reluctant to impose necessary
regulations because of fears that regulated business activity
will relocate to other States.
(7) When placing regulatory authority at the State or local
level would undermine regulatory goals because high costs or
demands for specialized expertise will effectively place the
regulatory matter beyond the resources of State authorities.
(8) When the matter relates to Federally owned or managed
property or natural resources, trust obligations, or
international obligations.
(9) When the matter to be regulated significantly or
uniquely affects Indian tribal governments.
Sec. 4. Consultation.
(a) Each agency shall have an effective process to permit
elected officials and other representatives of State and local
governments to provide meaningful and timely input in the
development of regulatory policies that have federalism
implications.
(b) To the extent practicable and permitted by law, no
agency shall promulgate any regulation that is not required by
statute, that has federalism implications, and that imposes
substantial direct compliance costs on States and local
governments, unless:
(1) funds necessary to pay the direct costs incurred
by the State or local government in complying with the
regulation are provided by the Federal Government; or
(2) the agency, prior to the formal promulgation of
the regulation,
(A) in a separately identified portion of the
preamble to the regulation as it is to be issued in the
Federal Register, provides to the Director of the Office of
Management and Budget a description of the extent of the
agency's prior consultation with representatives of affected
States and local governments, a summary of the nature of their
concerns, and the agency's position supporting the need to issue
the regulation; and
(B) makes available to the Director of the Office
of Management and Budget any written communications submitted to
the agency by States or local governments.
Sec. 5. Increasing Flexibility for State and Local
Waivers.
(a) Agencies shall review the processes under which States
and local governments apply for waivers of statutory and
regulatory requirements and take appropriate steps to streamline
those processes.
(b) Each agency shall, to the extent practicable and
permitted by law, consider any application by a State or local
government for a waiver of statutory or regulatory requirements
in connection with any program administered by that agency with
a general view toward increasing opportunities for utilizing
flexible policy approaches at the State or local level in cases
in which the proposed waiver is consistent with applicable
Federal policy objectives and is otherwise appropriate.
(c) Each agency shall, to the extent practicable and
permitted by law, render a decision upon a complete application
for a waiver within 120 days of receipt of such application by
the agency. If the application for a waiver is not granted, the
agency shall provide the applicant with timely written notice of
the decision and the reasons therefor.
(d) This section applies only to statutory or regulatory
requirements that are discretionary and subject to waiver by the
agency.
Sec. 6. Independent Agencies. Independent regulatory
agencies are encouraged to comply with the provisions of this
order.
Sec. 7. General Provisions.
(a) This order is intended only to improve the internal
management of the executive branch and is not intended to, and
does not, create any right or benefit, substantive or
procedural, enforceable at law or equity by a party against the
United States, its agencies or instrumentalities, its officers
or employees, or any other person.
(b) This order shall supplement but not supersede the
requirements contained in Executive Order 12866 ("Regulatory
Planning and Review"), Executive Order 12988 ("Civil Justice
Reform"), and OMB Circular A-19.
(c) Executive Order 12612 of October 26, 1987, and
Executive Order 12875 of October 26, 1993, are revoked.
(d) The consultation and waiver provisions in sections 4
and 5 of this order shall complement the Executive order
entitled, "Consultation and Coordination with Indian Tribal
Governments," being issued on this day.
(e) This order shall be effective 90 days after the date of
this order.
WILLIAM J. CLINTON
THE WHITE HOUSE,
May 14, 1998.
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