from Glen Burdue glenlb@kanokla.com
Commentary on Federalism EO #13083.
President Clinton has just written a dangerous new Executive
Order, EO, on FEDERALISM which appears to be a major step
towards rendering state legislatures to a mostly ceremonial
status, with most major laws ("policies") enacted by federal
agencies. President Clinton and previous Presidents have
written many dangerous EO's, but this is the first I have
been aware of for which there is time to stop it. My
Congressman's staff is researching the facts for me, but
I believe the Congress has a limited number of days in which
it can stop executive orders, and after that they cannot kill
the EO except by passing legislation over a Presidential veto.
Because of the blatantly unconstitutional usurpation of state
powers, this EO should be of great interest to all state
legislators especially, as well as Congressmen and citizens.
Therefore, if enough people become aware of it quickly enough,
it may be possible to stop it.
This EO gives authority for federal agencies and for "independent
agencies" (Sec. 6) to implement policies which supercede state
law if "there is a need for uniform national standards"
[Sec. 3(d)(3)]; if the federal agency can govern more cheaply
[Sec. 3(d)(4)]; if the federal agency can better protect
"individual rights and liberties" [Sec. 3(d)(5)]; or if the
agency believes the state is unable to implement a policy
[Sec. 3(d)(7)].
The first section of this EO and part of Section 2 appear to be
a destructive rewrite of familiar Constitutional principles: the
remainder of the EO specifies how Constitutional principles will
be violated.
When you read this EO, consider the validity of the following
speculations: For Section 3(d)(2) we should remember that
protecting our water supply is one of the most recent excuses
for violating our rights: e.g. water must be protected beginning
with where it falls within the watershed. So I guess farmers
better be sure no fertilizer is washed off their fields, and
homeowners better be sure none runs off their lawn. If
Section 3(d)(2) gives federal agencies authority over every
spot of ground on which rain falls, then federal agencies will
control the entire country.
Sec. 3. (d) (3) Isn't the "need for uniform national standards"
rather broad? Wouldn't that include the need for all children to
wear school uniforms? Wouldn't that include the need to install
exactly the same high-priced smoke alarm system in every house
where there are children?
Sec. 3 (d) (4) Federal agencies can take over anything that they
think they can run Cheaper. Isn't this similar to saying if
fascism is the most efficient system of government, then to get
efficiency, we should have fascism?
Sec. 3 (d) (5) The fox will guard the henhouse. Historically,
the U.S. government has been somewhat less than noble, such as
the cases of Japanese internment camps in WWII, 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.
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.
I have already been told by my Congressman's chief of staff
that the best way to stop an EO is not to kill it, but to cut
off its funding. I disagreed and he later admitted that
funding would later be provided. Let's contact our state
legislators and find out if they believe it would be more
efficient to allow Federal agencies to override state law.
Let's also call our Congressmen and Senators immediately
to protest this executive order. Please take action now!!
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
Glen Burdue
Mayfield, Kansas
316-434-5480
May 24, 1998
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