Politicians Fiddle and We The People email, as Rome Burns! Time for a Plan B!
We are all serious and trying in various ways to have an impact. Boone is doing his part and we are all on board. Let us not forget the President also needs our help and suggestions. He is reaching out and I respectfully submit the following to all to consider and move forward with.
Reality check: Politicians play politics and we should not expect much from them. We see how they have denuded the funding the President wanted in vary important environmental and people needs areas. There are too many corporate special interests and ‘power brokers’ elected officials and our guardians of the Health, Education and Welfare of the nation have to serve. The election is over and elected officials have their jobs secured until next term. Funny how our elected officials start to act and talk like Wall Street execs once they are secure in their political offices. Wall Street and the banks have received their pound of flesh and it looks like they want Washington to guarantee they can take a few pounds more out of the people.
People, it is time to push for some real Direct Action.
What is needed is for the President to appoint a private sector task force comprised of prominent corporate execs who are actually investing their money in America in a positive way to address and solve our energy and financial problems. He must also add strong grass roots organizations to the mix that have solid green agendas and let them all have a seat at the table as the Presidents Peoples Advisory Board. He needs some truly friendly and genuinely supportive people he can rely on for honest advice. Otherwise, he will be forced into the politics as usual game. Humpty Dumpty has had a great fall and all the Ivy League brains in America can not put Humpty Dumpty back together without the input of the benefit of the expertise of real independent self made business moguls like perhaps the Gates, the Pickens, the Buffets the Soros’s type mind sets and the grass roots organization that are at ground zero in their cities and rural areas and have solid plans.
We the people need a direct non political connection that is outside and not inside the political box! Take note that the President is now appointing a task force instead of a 'car czar' to address the automobile industry crisis because the problem is too complicated to be solved or managed by one ‘czar’. The same is true of the Greening of America.
Do you really think a bunch of congressmen and women and senators are going to be able to solve the energy problems or the financial crisis without compromising all the teeth out of the legislation? You can not even find out what was left in and what was taken out of the Reinvestment Act or the old TARP ! Keep in mind the President does not have the kind of deep 'old boy' beltway political power it takes to accomplish what is really necessary. He will be forced to compromise on every point - winning the Electoral College does not mean you 'won the real power' or even have the support of the ‘beltway crowd’!
The President's power will come from the people and groups that rally and demand the political promises be kept and the needs of the people be met. He can do this if he uses his power to issue Executive Orders to accomplish what needs to be accomplished in the short term and for the long term.
We should all carefully review what an Executive Order (EO) is and how they have been used and how they can be used as a very effective means to accomplish the objectives of the Picken’s Plan and any other plans groups have to address the problems We the People and the nation face. You will be surprised what the President can do through an Executive Order, if he has the courage to use this very powerful tool. It is a game changer, especially when a President and the nation are faced with resistance to needed change and transformation.
An Executive Order (EO) is a legally binding order given by the President, acting as the head of the Executive Branch, to Federal Administrative Agencies. EOs are generally used to direct federal agencies and officials in their execution of congressionally established laws or policies. However, in many instances they have been used to guide agencies in directions contrary to congressional intent. I posit that the President could use EOs to effectively correct misuse of the TARP funds and influence the use of the new Reinvestment Act Funds in light of the legislative intent and the needs of the nation. Strange how the TARP funds were provided on certain premises and then the game was changed with no explanation. This can be rectified!
Executive Orders do not require Congressional approval to take effect but they have the same legal weight as laws passed by Congress. The President's source of authority to issue Executive Orders can be found in the Article II, Section 1 of the Constitution which grants to the President the "executive Power." Section 3 of Article II further directs the President to "take Care that the Laws be faithfully executed." To implement or execute the laws of the land, Presidents give direction and guidance to Executive Branch agencies and departments, often in the form of Executive Orders.
Click here and visit The White House briefing room and see Executive Orders President Obama has already issued. Then ponder what he could do for the causes we are all fighting for!
The following text is excerpted from Executive Order 1289 issued by former President Clinton. Click here for the entire text.
EXECUTIVE
ORDER EO 12898
Effective Date: February 11, 1994
Responsible Office: Office of Mission to Planet Earth
Subject: FEDERAL ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE IN MINORITY POPULATIONS AND LOW-INCOME POPULATIONS
TEXT
By the authority vested in me as President by the Constitution
and the laws of the United States of America, it is hereby
ordered as follows:
Section 1-1. IMPLEMENTATION.
1-101. Agency Responsibilities. To the greatest extent
practicable and permitted by law, and consistent with the
principles set forth in the report on the National Performance
Review, each Federal agency shall make achieving environmental
justice part of its mission by identifying and addressing, as
appropriate, disproportionately high and adverse human health or
environmental effects of its programs, policies, and activities
on monitoring populations and low-income populations in the
United States and its territories and possessions, the District
of Columbia, the Commonwealth of Puerto Rico, and the
Commonwealth of the Mariana Islands.
1-102. Creation of an Interagency Working Group on
Environmental Justice (a) Within 3 months of the date of this
order, the Administrator of the Environmental Protection Agency
("Administrator") or the Administrator's designee shall convene
an interagency Federal Working Group on Environmental Justice
("Working Group"). The Working Group shall comprise the heads of
the following executive agencies and offices, or their designees:
(a) Department of Defense; (b) Department of Health and Human
Services; (c) Department of Housing and Urban Development; (d)
Department of Labor; (e) Department of Agriculture; (f)
Department of Transportation; (g) Department of Justice; (h)
Department of the Interior; (i) Department of Commerce; (j)
Department of Energy; (k) Environmental Protection Agency; (l)
Office of Management and Budget; (m) Office of Science and
Technology Policy; (n) Office of the Deputy Assistant to the
President for Environmental Policy; (o) Office of the Assistant
to the President for Domestic Policy; (p) National Economic
Council; (q) Council of Economic Advisers; and (r) such other
Government officials as the President may designate. The Working
Group shall report to the President through the Deputy Assistant
to the President for Environmental Policy and the Assistant to
the President for Domestic Policy.
(b) The Working Group shall: (1) provide guidance to Federal
agencies on criteria for identifying disproportionately high and
adverse human health or environmental effects on minority
populations and low-income populations;
(2) coordinate with, provide guidance to, and serve as a
clearinghouse for, each Federal agency as it develops an
environmental justice strategy as required by section 1-103 of
this order, in order to ensure that the administration,
interpretation and enforcement of programs, activities and
policies are undertaken in a consistent manner;
(3) assist in coordinating research by, and stimulating
cooperation among, the Environmental Protection Agency, the
Department of Health and Human Services, the Department of
Housing and Urban Development, and other agencies conducting
research or other activities in accordance with section 3-3 of
this order.
(4) assist in coordinating data collection, required by
this order;
(5) examine existing data and studies on environmental
justice;
(6) hold public meetings as required in section 5-502(d) of
this order; and
(7) develop interagency model projects on environmental
justice that evidence cooperation among Federal agencies.
1-103. Development of Agency Strategies. (a) Except as
provided in section 6-605 of this order, each Federal agency
shall develop an agency-wide environmental justice strategy, as
set forth in subsections (b)-(e) of this section that identifies
and addresses disproportionately high and adverse human health or
environmental effects of its programs, policies, and activities
on minority populations and low-income populations. The
environmental justice strategy shall list programs, policies,
planning and public participation processes, enforcement, and/or
rulemakings related to human health or the environment that
should be revised to, at a minimum: (1) promote enforcement of
all health and environmental statutes in areas with minority
populations and low-income populations; (2) ensure greater public
participation; (3) improve research and data collection relating
to the health of and environment of minority populations and low-
income populations; and (4) identify differential patterns of
consumption of natural resources among minority populations and
low-income populations. In addition, the environmental justice
strategy shall include, where appropriate, a timetable for
undertaking identified revisions and consideration of economic
and social implications of the revisions…………..
Also click here to read the Order establishing policies and procedures for the
Federal Highway Administration (FHWA) to use in complying
with the above Executive Order 12898, Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (EO 12898), dated February 11, 1994.
The following are a sampling of Fair Housing-Related Presidential Executive Orders. They provide insight into how Eos have been used, Google them:
Executive Order 11063
Executive Order 11063 prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds.
Executive Order 11246
Executive Order 11246, as amended, bars discrimination in federal employment because of race, color, religion, sex, or national origin.
Executive Order 12892
Executive Order 12892, as amended, requires federal agencies to affirmatively further fair housing in their programs and activities, and provides that the Secretary of HUD will be responsible for coordinating the effort. The Order also establishes the President's Fair Housing Council, which will be chaired by the Secretary of HUD.
Executive Order 12898
Executive Order 12898 requires that each federal agency conduct its program, policies, and activities that substantially affect human health or the environment in a manner that does not exclude persons based on race, color, or national origin.
Executive Order 13217
Executive Order 13217 requires federal agencies to evaluate their policies and programs to determine if any can be revised or modified to improve the availability of community-based living arrangements for persons with disabilities.
My friends I invite all who are of the mind set to draft Executive Orders and email them to the President. Remind him he has a power he can use and ‘we the people’ will support his use of it for the Greening of America city by city, industry by industry! We the People are not without Power. We have a President who is begging for our input. Read his lips! The Executive Order is the only way the President can step outside the constraints of the political box that thwarts his initiatives. Let me know what you think, Peace
Reality check: Politicians play politics and we should not expect much from them. We see how they have denuded the funding the President wanted in vary important environmental and people needs areas. There are too many corporate special interests and ‘power brokers’ elected officials and our guardians of the Health, Education and Welfare of the nation have to serve. The election is over and elected officials have their jobs secured until next term. Funny how our elected officials start to act and talk like Wall Street execs once they are secure in their political offices. Wall Street and the banks have received their pound of flesh and it looks like they want Washington to guarantee they can take a few pounds more out of the people.
People, it is time to push for some real Direct Action.
What is needed is for the President to appoint a private sector task force comprised of prominent corporate execs who are actually investing their money in America in a positive way to address and solve our energy and financial problems. He must also add strong grass roots organizations to the mix that have solid green agendas and let them all have a seat at the table as the Presidents Peoples Advisory Board. He needs some truly friendly and genuinely supportive people he can rely on for honest advice. Otherwise, he will be forced into the politics as usual game. Humpty Dumpty has had a great fall and all the Ivy League brains in America can not put Humpty Dumpty back together without the input of the benefit of the expertise of real independent self made business moguls like perhaps the Gates, the Pickens, the Buffets the Soros’s type mind sets and the grass roots organization that are at ground zero in their cities and rural areas and have solid plans.
We the people need a direct non political connection that is outside and not inside the political box! Take note that the President is now appointing a task force instead of a 'car czar' to address the automobile industry crisis because the problem is too complicated to be solved or managed by one ‘czar’. The same is true of the Greening of America.
Do you really think a bunch of congressmen and women and senators are going to be able to solve the energy problems or the financial crisis without compromising all the teeth out of the legislation? You can not even find out what was left in and what was taken out of the Reinvestment Act or the old TARP ! Keep in mind the President does not have the kind of deep 'old boy' beltway political power it takes to accomplish what is really necessary. He will be forced to compromise on every point - winning the Electoral College does not mean you 'won the real power' or even have the support of the ‘beltway crowd’!
The President's power will come from the people and groups that rally and demand the political promises be kept and the needs of the people be met. He can do this if he uses his power to issue Executive Orders to accomplish what needs to be accomplished in the short term and for the long term.
We should all carefully review what an Executive Order (EO) is and how they have been used and how they can be used as a very effective means to accomplish the objectives of the Picken’s Plan and any other plans groups have to address the problems We the People and the nation face. You will be surprised what the President can do through an Executive Order, if he has the courage to use this very powerful tool. It is a game changer, especially when a President and the nation are faced with resistance to needed change and transformation.
An Executive Order (EO) is a legally binding order given by the President, acting as the head of the Executive Branch, to Federal Administrative Agencies. EOs are generally used to direct federal agencies and officials in their execution of congressionally established laws or policies. However, in many instances they have been used to guide agencies in directions contrary to congressional intent. I posit that the President could use EOs to effectively correct misuse of the TARP funds and influence the use of the new Reinvestment Act Funds in light of the legislative intent and the needs of the nation. Strange how the TARP funds were provided on certain premises and then the game was changed with no explanation. This can be rectified!
Executive Orders do not require Congressional approval to take effect but they have the same legal weight as laws passed by Congress. The President's source of authority to issue Executive Orders can be found in the Article II, Section 1 of the Constitution which grants to the President the "executive Power." Section 3 of Article II further directs the President to "take Care that the Laws be faithfully executed." To implement or execute the laws of the land, Presidents give direction and guidance to Executive Branch agencies and departments, often in the form of Executive Orders.
Click here and visit The White House briefing room and see Executive Orders President Obama has already issued. Then ponder what he could do for the causes we are all fighting for!
The following text is excerpted from Executive Order 1289 issued by former President Clinton. Click here for the entire text.
EXECUTIVE
ORDER EO 12898
Effective Date: February 11, 1994
Responsible Office: Office of Mission to Planet Earth
Subject: FEDERAL ACTIONS TO ADDRESS ENVIRONMENTAL JUSTICE IN MINORITY POPULATIONS AND LOW-INCOME POPULATIONS
TEXT
By the authority vested in me as President by the Constitution
and the laws of the United States of America, it is hereby
ordered as follows:
Section 1-1. IMPLEMENTATION.
1-101. Agency Responsibilities. To the greatest extent
practicable and permitted by law, and consistent with the
principles set forth in the report on the National Performance
Review, each Federal agency shall make achieving environmental
justice part of its mission by identifying and addressing, as
appropriate, disproportionately high and adverse human health or
environmental effects of its programs, policies, and activities
on monitoring populations and low-income populations in the
United States and its territories and possessions, the District
of Columbia, the Commonwealth of Puerto Rico, and the
Commonwealth of the Mariana Islands.
1-102. Creation of an Interagency Working Group on
Environmental Justice (a) Within 3 months of the date of this
order, the Administrator of the Environmental Protection Agency
("Administrator") or the Administrator's designee shall convene
an interagency Federal Working Group on Environmental Justice
("Working Group"). The Working Group shall comprise the heads of
the following executive agencies and offices, or their designees:
(a) Department of Defense; (b) Department of Health and Human
Services; (c) Department of Housing and Urban Development; (d)
Department of Labor; (e) Department of Agriculture; (f)
Department of Transportation; (g) Department of Justice; (h)
Department of the Interior; (i) Department of Commerce; (j)
Department of Energy; (k) Environmental Protection Agency; (l)
Office of Management and Budget; (m) Office of Science and
Technology Policy; (n) Office of the Deputy Assistant to the
President for Environmental Policy; (o) Office of the Assistant
to the President for Domestic Policy; (p) National Economic
Council; (q) Council of Economic Advisers; and (r) such other
Government officials as the President may designate. The Working
Group shall report to the President through the Deputy Assistant
to the President for Environmental Policy and the Assistant to
the President for Domestic Policy.
(b) The Working Group shall: (1) provide guidance to Federal
agencies on criteria for identifying disproportionately high and
adverse human health or environmental effects on minority
populations and low-income populations;
(2) coordinate with, provide guidance to, and serve as a
clearinghouse for, each Federal agency as it develops an
environmental justice strategy as required by section 1-103 of
this order, in order to ensure that the administration,
interpretation and enforcement of programs, activities and
policies are undertaken in a consistent manner;
(3) assist in coordinating research by, and stimulating
cooperation among, the Environmental Protection Agency, the
Department of Health and Human Services, the Department of
Housing and Urban Development, and other agencies conducting
research or other activities in accordance with section 3-3 of
this order.
(4) assist in coordinating data collection, required by
this order;
(5) examine existing data and studies on environmental
justice;
(6) hold public meetings as required in section 5-502(d) of
this order; and
(7) develop interagency model projects on environmental
justice that evidence cooperation among Federal agencies.
1-103. Development of Agency Strategies. (a) Except as
provided in section 6-605 of this order, each Federal agency
shall develop an agency-wide environmental justice strategy, as
set forth in subsections (b)-(e) of this section that identifies
and addresses disproportionately high and adverse human health or
environmental effects of its programs, policies, and activities
on minority populations and low-income populations. The
environmental justice strategy shall list programs, policies,
planning and public participation processes, enforcement, and/or
rulemakings related to human health or the environment that
should be revised to, at a minimum: (1) promote enforcement of
all health and environmental statutes in areas with minority
populations and low-income populations; (2) ensure greater public
participation; (3) improve research and data collection relating
to the health of and environment of minority populations and low-
income populations; and (4) identify differential patterns of
consumption of natural resources among minority populations and
low-income populations. In addition, the environmental justice
strategy shall include, where appropriate, a timetable for
undertaking identified revisions and consideration of economic
and social implications of the revisions…………..
Also click here to read the Order establishing policies and procedures for the
Federal Highway Administration (FHWA) to use in complying
with the above Executive Order 12898, Federal Actions to Address
Environmental Justice in Minority Populations and Low-Income
Populations (EO 12898), dated February 11, 1994.
The following are a sampling of Fair Housing-Related Presidential Executive Orders. They provide insight into how Eos have been used, Google them:
Executive Order 11063
Executive Order 11063 prohibits discrimination in the sale, leasing, rental, or other disposition of properties and facilities owned or operated by the federal government or provided with federal funds.
Executive Order 11246
Executive Order 11246, as amended, bars discrimination in federal employment because of race, color, religion, sex, or national origin.
Executive Order 12892
Executive Order 12892, as amended, requires federal agencies to affirmatively further fair housing in their programs and activities, and provides that the Secretary of HUD will be responsible for coordinating the effort. The Order also establishes the President's Fair Housing Council, which will be chaired by the Secretary of HUD.
Executive Order 12898
Executive Order 12898 requires that each federal agency conduct its program, policies, and activities that substantially affect human health or the environment in a manner that does not exclude persons based on race, color, or national origin.
Executive Order 13217
Executive Order 13217 requires federal agencies to evaluate their policies and programs to determine if any can be revised or modified to improve the availability of community-based living arrangements for persons with disabilities.
My friends I invite all who are of the mind set to draft Executive Orders and email them to the President. Remind him he has a power he can use and ‘we the people’ will support his use of it for the Greening of America city by city, industry by industry! We the People are not without Power. We have a President who is begging for our input. Read his lips! The Executive Order is the only way the President can step outside the constraints of the political box that thwarts his initiatives. Let me know what you think, Peace
Replies to This Discussion
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Permalink Reply by Luane Todd on -
I understand your interest in Executive Orders as a way to circumvent Congressional actions but I caution you about encouraging any President to bypass Congress this way. Just because it can be done does not mean if should be done. If it is done it should be a very limited, very special occurance, not a way of governing. Bush used this technique multiple times, and I don't think it was ever a good idea, just like he used signing statements to override Congress's intents. As you pointed out, Congress can not override an Executive Order anymore than it can undue a signing statement.
If we wanted a dictatorship I think we could just say so and have done with the niceties.
Disciplining our representatives is a time consuming process but we would be better served to do this than to encourage a President to bypass Congress. In most cases there is a recall provision for your legislators...use it! Make them understand that we expect them to work for the country and the populace, not their funders and party bosses. This is not a poker game, it is our future on this planet.
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Permalink Reply by Monte Smith on -
Luane,
I understand what you are saying but when one is in a condition of danger or one's country is in a condition of danger it is a time when swift decisive actions are required. Purpose is senior to policy. Being in a dangerous condition, as we are in right now, is the time to by-pass normal habits and routines and terminate the danger in the situation. Then, once the danger has been eliminated and we have created ourselves some breathing room, that's when we begin to sort the mess out and make adjustments as necessary to prevent such a condition from occurring again.
When the hull of the ship has been breached, the water is gushing in and the ship is precariously listing to one side is not the time to have a committee meeting to determine whether or not to make the life boats available and once available decide who will then be allowed to use them. Nor is it the time to search down the responsible party(s) for this disaster and put their head(s) on a pike. The first thing you have got to do is ensure the safety of all passengers on board and somehow stop the water from pouring in and arrest the rapid decline of the ships integrity. Then you begin the investigation to determine who caused what as well as how it was able to happen in the first place and then do what needs to be done to make it right.
But there's a caveat....
If the person in charge is less than sane, that individual or group of individuals can utilize the dangerous situation to take advantage and forward their own agendas. President Obama appears to be fairly sane but things or people are seldom what they appear to be. The bottom line is, though, that whatever way we go its a gamble we're taking and inevitably, it is up to us (we the people) being responsible enough to see our decisions through to the end and adjust them as needed. No doubt, we are on a tough road right now.
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Permalink Reply by Mike Morton on -
I agree that the current state of the country as it relates to renewable energy action is tenuous at best and stronger action and leadership is needed. Even though I am quite sure that Pres. Obama is 100% sane, I do not want to see his Administration do anything that can be construed as "Bush-like", and that includes by-passing the Congress through executive order. With the progress that we have seen in the last couple of weeks in regards to added funding, and the Summit that is coming up, there has been significant effort made and we should allow Pres. Obama sufficient time to try to capitalize on the momentum already built. It has taken an awful long time to create the mess we are in and it will take a long time to repair the damage. I believe that it is wise right now to seek progress, and not perfection.
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Permalink Reply by Luane Todd on
-
Monte,
I think I understand what you are saying, but I submit that a large part of the mess we are in now is the 'we don't have time to wait' mentality that allowed the previous administration to steamroller Congress and the public to get the results they desired.
The hull has been breached, to use your metaphor, but I don't think it is so bad that we must throw caution and consideration to the wind. Can anyone say "Trillions to the banks with no oversight?" That is good policy or procedure? I think not.
Maybe the better choice is to have the passengers move to the middle or the other side to change the list while repairs are implemented.
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Permalink Reply by Dr. F. A. Young, Esq. on -
Have no fear of the Executive Order. The only thing we have to fear is you know........;or lies like the Gulf of Tonkin or fear mongering like WMDs.
A review of wikis reveals: The Department of State instituted a numbering scheme for executive orders in 1907, starting retroactively with an order issued on October 20, 1862, by President Abraham Lincoln. That order became necessary when Union forces captured New Orleans; Lincoln issued the order to establish military courts in Louisiana. Today, only National Security Directives are kept from the public.
Until the 1950s, there were no rules or guidelines outlining what the president could or could not do through an executive order. However, the Supreme Court ruled in Youngstown Sheet & Tube Co. v. Sawyer, 343 US 579 (1952) that Executive Order 10340 from President Harry S. Truman placing all steel mills in the country under federal control was invalid because it attempted to make law, rather than clarify or act to further a law put forth by the Congress or the Constitution. Presidents since this decision have generally been careful to cite which specific laws they are acting under when issuing new executive orders.
I leave it to you to research further how the Executive Order has historically been used over the years and how they can be effectively used today. We would hope that President Obama would use his Constitutional Power to issue Executive Orders in a positive way and to benefit ‘we the people’.
Kindly review the following. The Center for Progessive reform presents very interesting uses of the EO and we all know that time is of the essence.
The Center for Progressive Reform passed on their suggestions for 7 Executive Orders for the President’s First 100 Days and so I pay them forward to you to debate and discuss in the context of the current state of the environment and the nation.
They cover a range of perennial issues familiar to TreeHugger readers—Climate change, chemicals in products intended for children, pollution, preserving ecosystems on public lands.
Here they are:
1. Reduce the Federal Carbon Footprint
The new President should issue an Executive Order requiring each federal agency to measure, report, and reduce its carbon footprint. Not only would the Executive Order have a meaningful impact on the federal government's carbon emissions, it could also lead to the creation of uniform, practical standards for measuring such footprints, standards that could be applied government-wide and beyond. Each of the provisions of this proposed Order is consistent with the goals of the National Environmental Policy Act.
2. Consider Climate Change in All Decisions
The next President should issue a new Executive Order clarifying that all federal agencies are obligated to consider the global climate change-related implications of their actions. This proposed Order is consistent with the goals of the National Environmental Policy Act.
3. Protect Children from Chemicals
The next President should amend Executive Order 13045 (issued initially by President
Clinton and then amended by President Bush) to mandate that agencies establish an affirmative agenda for protecting children from lead, mercury, perchlorate, phthalates, fine particulate matter, ozone, and pesticides; require the reform of risk assessment policy so that children are accounted for as a vulnerable group; and end the use of discounting the value of children's lives in cost-benefit analysis. As is the case with the provisions of the existing Order on Protecting Children, each of these recommendations is consistent with the goals of the various environmental, safety, and public health statutes.
4. Environmental Justice
The next President should amend or replace the original Executive Order [12898] on Environmental Justice. The new Order should require a meaningful analysis of the environmental justice impacts and implications of all major new rules; impose on agencies a substantive obligation to take affirmative steps to ameliorate environmental injustice; launch an affirmative Environmental Justice agenda; hold agencies accountable for carrying out their environmental justice obligations; and clarify key terms from the current Order, including “environmental justice communities” and “subsistence,” to avoid the kind of narrow interpretation of the terms applied by the Bush Administration. As is the case with the existing Executive Order on Environmental Justice, these recommendations are consistent with the goals of Title VI of the Civil Rights Act.
5. Transparent Regulatory Review
The new President should issue an Executive Order restoring open government in three areas where unwarranted secrecy has developed. The Order should restore the presumption of disclosure concerning exemptions from the Freedom of Information Act (FOIA) so that political appointees and career government employees cannot operate free of scrutiny; forbid agencies from taking advantage of loopholes that limit the transparency provisions of the Federal Advisory Committee Act (FACA) so that the public can be assured that special interests do not have undue influence on agency decision making; and improve the transparency of regulatory review by the Office of Information and Regulatory Affairs
(OIRA) so that efforts by political appointees in the White House to override the judgment of scientists and other experts in regulatory agencies can at least be transparent to the public. All of the proposed Order's provisions are consistent with the goals of FOIA and FACA.
6. Protect Stronger State Laws from Weaker Federal Ones
CPR points out that the Bush Administration often preempted stronger state laws on environmental regulation with weaker federal ones,
The next President should [...] should amend the existing Executive Order on Federalism to strengthen provisions setting forth a presumption against preemption; require agencies to provide a written justification for preemption; and require that, when a federal statute allows states to adopt more stringent standards or seek a waiver of statutory preemption (as in EPA's denial of California's Clean Air Act waiver), agencies must provide a written justification to the White House before denying the state's regulatory authority or waiver request. As is the case with the existing Executive Order on Federalism, these recommendations are consistent with the goals of the various statutes under which the environmental, safety, and public health agencies operate, including the National Environmental Policy Act.
7. Promoting Ecological Integrity
The next President should issue a new Executive Order declaring a national policy of
promoting ecological integrity as a baseline requirement for sustainable public land use. The President should also revoke two Bush Administration Executive Orders issued in 2005 (Executive Orders 13211 and 13212) that made it easier to develop energy resources on public lands, even at the risk of causing long-term degradation of natural resource values. In addition, the President should amend a third Bush Order (Executive Order 13443) by providing equal opportunities for public participation in federal land use decision making to a wide variety of constituencies, in addition to those promoting hunting. All of these measures are consistent with the goals of the various public lands statutes.
These are just the summaries of what CPR believes President Obama should do (obviously the document was worded with either Obama or McCain in mind).
Click here for the full version of Protecting Public Health and the... which goes into much more detail as to why these Executive Orders should be enacted.
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Permalink Reply by Luane Todd on
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I submit the following list of executive orders which Bush issued, starting in 2001. You may not have a problem with them, but I do. They represent the worst abuses of the Executive order process and illustrate why we do NOT want to encourage broad use of the tool. I stand by my earlier post which suggested extreme caution in advocating this approach to governing. I would hope Obama is above such abuses but I also know that unchecked power is a heady thing and hard to resist.
Lu
---------------------------------------------------
Bush's nine worst executive orders
By:
Posted: 1/21/09
Bush's nine worst executive orders:
13233 (2001) - gutted the Presidential Records Act. This law was supposed to make an administration's records publicly available by 12 years after the presidency has ended. Instead, Bush & Co. required individual requests to see documents, which may or may not be granted. Also, requests can be ignored indefinitely with no response.
13435 (2007) - banned funding for medical research on existing colonies of stem cells.
13440 (2007) - allowed the use of "special" interrogation techniques blocked by the Geneva convention (aka torture).
13292 (2002) - gave the Vice President full power to classify any documents he deemed appropriate.
13303 (2003) - gave blanket legal protection to U.S. companies dealing in Iraqi oil.
13438 (2007) - allowed the administration to seize property from groups who pose a threat to stability in Iraq, even if said threat has not been proven. The language of the order is so broad that even a domestic critic of the war could be considered a "threat to stability." This violates the Fifth Amendment right to due process.
13422 (2007) - placed a presidential appointee in each federal agency as a "regulatory police officer" to oversee rules and basically interfere with departmental independence.
13279 (2002) - allowed federally-funded religious charities to discriminate when hiring employees.
National Security Presidential Directive 51 (2007) - not really an executive order, but close enough; it grants broad authority to the president in times of crisis. Most of the details of the plan are classified, even to members of Congress; this lack of transparency should be avoided in a plan that has the potential to change laws of presidential succession and expand executive branch control in an "emergency."
Inspired by Slate.com's article "Ten to Toss"
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There were so many bad orders but this one takes the cake in my opinion. As long as it is in place we are at risk of a martial law event which Congress will have no role in preventing. If you have not studied this directive I suggest you do so.
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NSPD-51: Bush prepares martial law
Submitted by Bill Weinberg on Thu, 05/24/2007 - 18:01.
Every president since FDR has drawn up such plans. The most notorious were Nixon's "Operation Garden Plot" and Reagan's "REX 84 Alpha"—a legacy we recalled when the Homeland Security Act passed in 2002. This latest incarnation has gone unnoticed by the New York Times and other major media. Leave it to the editorial page of Tennessee's Chattanoogan, May 24:
Bush Makes Power Grab
President Bush, without so much as issuing a press statement, on May 9 signed a directive that granted near dictatorial powers to the office of the president in the event of a national emergency declared by the president.
The "National Security and Homeland Security Presidential Directive," with the dual designation of NSPD-51, as a National Security Presidential Directive, and HSPD-20, as a Homeland Security Presidential Directive, establishes under the office of president a new National Continuity Coordinator.
That job, as the document describes, is to make plans for "National Essential Functions" of all federal, state, local, territorial, and tribal governments, as well as private sector organizations to continue functioning under the president's directives in the event of a national emergency.
The directive loosely defines "catastrophic emergency" as "any incident, regardless of location, that results in extraordinary levels of mass casualties, damage, or disruption severely affecting the U.S. population, infrastructure, environment, economy, or government functions."
When the President determines a catastrophic emergency has occurred, the President can take over all government functions and direct all private sector activities to ensure we will emerge from the emergency with an "enduring constitutional government."
Translated into layman's terms, when the President determines a national emergency has occurred, the President can declare to the office of the presidency powers usually assumed by dictators to direct any and all government and business activities until the emergency is declared over.
Ironically, the directive sees no contradiction in the assumption of dictatorial powers by the President with the goal of maintaining constitutional continuity through an emergency.
The directive specifies that the assistant to the President for Homeland Security and Counterterrorism will be designated as the National Continuity Coordinator. Further established is a Continuity Policy Coordination Committee, chaired by a senior director from the Homeland Security Council staff, designated by the National Continuity Coordinator, to be "the main day-to-day forum for such policy coordination."
Currently, the assistant to the president for Homeland Security and Counterterrorism is Frances Fragos Townsend. Townsend spent 13 years at the Justice Department before moving to the U.S. Coast Guard where she served as assistant commandant for intelligence. She is a White House staff member in the executive office of the president who also chairs the Homeland Security Council, which as a counterpart to the National Security Council reports directly to the president.
The directive issued May 9 makes no attempt to reconcile the powers created there for the National Continuity Coordinator with the National Emergency Act. As specified by U.S. Code Title 50, Chapter 34, Subchapter II, Section 1621, the National Emergency Act allows that the president may declare a national emergency but requires that such proclamation "shall immediately be transmitted to the Congress and published in the Federal Register."
A Congressional Research Service study notes that under the National Emergency Act, the President "may seize property, organize and control the means of production, seize commodities, assign military forces abroad, institute martial law, seize and control all transportation and communication, regulate the operation of private enterprise, restrict travel, and, in a variety of ways, control the lives of United States citizens."
The CRS study notes that the National Emergency Act sets up congress as a balance empowered to "modify, rescind, or render dormant such delegated emergency authority," if Congress believes the president has acted inappropriately.
NSPD-51/ HSPD-20 appears to supersede the National Emergency Act by creating the new position of National Continuity Coordinator without any specific act of Congress authorizing the position.
NSPD-51/ HSPD-20 also makes no reference whatsoever to Congress. The language of the May 9 directive appears to negate any a requirement that the President submit to Congress a determination that a national emergency exists, suggesting instead that the powers of the executive order can be implemented without any congressional approval or oversight.
Homeland Security spokesperson Russ Knocke affirmed that the Homeland Security Department will be implementing the requirements of NSPD-51/HSPD-20 under Townsend's direction.
The White House had no comment.
While we're skeptical Bush will have the cojones to pull this off, NSPD-51 is particularly ominous in light of the draconian provisions of the 2007 National Defense Authorization Act.
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Permalink Reply by Dr. F. A. Young, Esq. on
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All concerned about the Executive Orders President Bush signed should email President Obama and request he issue and Executive Order countermanding them. He can do it with the stroke of a pen! Visit the White House website and take note of the Bush Executive Order President Obama has already reversed.
It comes down to people and Presidents having integrity and courage to stand up for what is right. Fear caused the people and the Republicans and Democrats to succumb to past regimes' political madness. Peace
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Permalink Reply by Luane Todd on
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There some on this site who have a problem with John Dean because of his association with Richard Nixon.
I think there may not be anyone any more qualified to speak to the issues of presidential abuse of power than Mr. Dean. His discussion of how executive orders work and what it takes to reverse them is informative, I think.
The order Mr. Dean discusses is very important to anyone who has an interest in keeping historical documents available for public consideration....that would be me.
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http://writ.news.findlaw.com/dean/20071116.html
George W. Bush's Presidential Library:
Can Democrats Stop Bush and Cheney From Depriving The Library of The Papers They Wish to Keep Secret?
By JOHN W. DEAN
Friday, Nov. 16, 2007
Amid a slow, low-boiling, and mostly Texas-based controversy regarding the potential location of a future George W. Bush Presidential Library, a significant issue regarding such a future institution is being completely overlooked: Should there be federal support of the Bush Presidential Library, in light of the fact that President Bush has refused to comply with the 1978 Presidential Records Act?
Presidential libraries and records are on my mind because I attended a conference sponsored by all presidential libraries that was held at Franklin Roosevelt's Library in Hyde Park, New York. The conference addressed Presidents and the Supreme Court, but a question about presidential records arose during my panel. In addition, in conversations with presidential library professionals (of all political persuasions), I found that they are deeply troubled by Bush's and Cheney's actions regarding presidential records.
Previously, I have written about how Bush's Executive Order 13233 gutted the 1978 presidential records law enacted in the aftermath of Watergate. The law declared that presidential papers belong to the American people, and therefore, Congress placed strictures on what any White House can and cannot do with its records. The professionals, however, doubt that the Bush and Cheney records will be anything close to complete. If so, they will have little true value.
In a booklet issued by the Office of Presidential Libraries, which is part of the National Archives and Records Administration (NARA), former President Gerald Ford is quoted as saying, "The past can instruct the present not only in the art of leadership, but also in the opportunities of citizenship." Yet if the records of those libraries have been cleansed, or if they are indefinitely controlled by a president (or vice president), as Bush and Cheney can do under Bush's radical Executive Order 13233, then the past's message to the present can hardly be a very meaningful or realistic instruction.
Can, and Will, the Next President Reverse Bush's Presidential Records Executive Order?
As the Bush Administration winds down, the conference raised a timely question (albeit not one likely to go to the Supreme Court): Can the next president, elected in 2008, overturn Bush's Executive Order 13233, and thus restore the Presidential Records Act of 1978, which Bush's Order has interpreted in a manner that makes the Act a nullity?
The answer I gave, in the public session (which was being recorded by C-Span) was yes. Executive orders are binding only upon members of the executive branch, and are valid only so long as the sitting president is willing to enforce any prior president's order.
Later, I elaborated on my answer privately in talking with several persons associated with the presidential libraries, predicting that, if elected President, Hillary Clinton would likely follow the 1978 law with a new executive order. (Her husband had operated under an Executive Order relating to the 1978 law issued by Reagan.) Conversely, I added that I would expect that Rudy Giuliani, if elected President, would extend the law so broadly that even Barney Bush (the president's pooch) would have power over the Bush White House papers.
If a Future President Hillary Clinton Passed a New Presidential Records Executive Order, Would It Affect President Bush and Vice-President Cheney?
One person asked me, Would Hillary's Executive Order apply to Bush and Cheney, too? It seems that those associated with the presidential libraries share my belief that Cheney plans to either destroy all the papers of his that he does not want the public to see, or to walk out of the White House with his papers under his control indefinitely, and that Bush will follow his lead. Not surprisingly, this is deeply troubling to these professionals, for they know it is contrary to both the spirit and letter of the laws relating to presidential papers.
Unfortunately, even if a President Hillary were to change Executive Order 13233, the change would have no impact on Bush and Cheney, for, by the time it occurs, they will have done whatever they are doing, and when they leave, they will not yet be subject to a new order. Moreover, violations of the 1978 Presidential Records Act carry no sanctions whatsoever.
Conversely, however, if a President Rudy were to make even more aggressive changes than Bush did, and include past presidents within the scope of his new Executive Order, Bush and Cheney could benefit, taking advantage of the even more favorable situation to further hide their history. "That's horrible," one professional told me. I agreed.
In fact, it is long past time for Congress to fix this problem, and there is a very simple solution. All it will take is a little spine on the part of Congressional Democrats, whose spine has not been on conspicuous display since they took control of Congress.
Earlier Unsuccessful Efforts to Reverse Bush's Executive Order
Shortly after Bush issued his 2001 Executive Order, which turned the 1978 law upside down by reinterpreting it, a number of historians sued to enforce the 1978 law. However, Judge Colleen Kollar-Kotelly of the U.S. District Court for the District of Columbia has been sitting on the case for years. Apparently, she has accepted the token compliance by the Bush White House (which produced a few of the Reagan documents that prompted the lawsuit) as justification for not addressing the legitimacy of the underlying Executive Order. At this point, unfortunately, no one expects Judge Kollar-Kotelly to do anything further in the case.
In early March 2007, Democrats in the House of Representatives (joined by a significant number of Republicans) passed a bill to preserve Presidential records in the Senate, with an overwhelming majority vote of 333 to 93. When the bill arrived in the Senate, it similarly flew through the Homeland Security and Government Affairs Committee. However, on its way to the passage in the Senate, this bill met the fate many others passed by the House have met: Senate Republicans stopped it.
More specifically, one or more secret holds have been placed on the legislation, which surely would pass the Senate with a solid majority, if put to a vote. It seems that Republican Senators are willing to allow the Bush White House to do whatever it wants with its papers. Moreover, the very fact that Bush has threatened to veto any new law that reversed his Executive Order 13233 has been sufficient for the Senate Democrats to back off, since they do not have a veto-proof Senate. Yet forcing President Bush to veto a bill that merely required him to do as other presidents have done, and place his full papers into his presidential library, for scholars and others to access, might be a good idea. This shameful veto would draw further attention to the Bush Administration's corrosive penchant for secrecy.
What Might Be Done To Force Bush and Cheney to Comply? The Option of Refusing to Fund Bush's Library
If you think that Bush and Cheney intend to follow the law on presidential records, then you have not read the law along with Executive Order 13233, nor have you followed reports of how Cheney has all but confirmed that he is already destroying his papers. Since there are no sanctions if Bush and Cheney do as they wish with their papers - except for an outstanding restraining order preventing them from destroying backup records of emails - no doubt they will do just that.
As noted above, the lawsuit that might have forced Bush and Cheney to comply with the 1978 law and might have overturned Executive Order 13233 is comatose in Judge Kollar-Kotelly's chambers, and the House-passed legislation proved to be dead on arrival in the Senate. Given this situation, there is only one thing that yet might be done: Democrats could advise Bush that if he does not comply with the 1978 law, they will not fund his presidential library when it is turned over to the National Archives and Records Administration (NARA).
In 1955, Congress enacted the Presidential Libraries Act, institutionalizing a concept that FDR began: The library facilities are built with private funds, and then the library and all papers are turned over to the U.S. Government, which operates the library thought NARA. Since 1978, presidents have no choice but to turn over their papers to NARA.
Administration by NARA is essential for presidential libraries, as the Nixon Library discovered. Before it agreed to play by the rules, the Nixon Library was fast going into financial failure, barely supporting itself by renting out a mock East Room of the White House for weddings. Moreover it had only copies of a few of Nixon's papers, since the bulk of them remained at NARA's College Park, Maryland facilities.
Democratic Congressional leaders should warn Bush and Cheney that if they insist on ignoring the law, then there will be consequences: There will be no NARA funding for the administration of the George W. Bush Presidential Library. Such a warning might dampen the ardor of the Senate Republicans who are blocking efforts on Capitol Hill to overturn Bush's Executive Order 13233.
This warning could be conveyed by a resolution of either the House or Senate. It could also be conveyed by a small group of Democratic Senators, who could merely advise the President that if he does not play by the rules, then they will filibuster any effort to fund his library so long as they remain in the Senate.
Unfortunately, while George Bush understands tough talk, it seems the Democrats don't. Thus, Bush and Cheney will no doubt get away with robbing history of the truth of their presidency, just as they have robbed the public of that truth while in office.
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John W. Dean, a FindLaw columnist, is a former counsel to the President.
Copyright © 1994-2009 FindLaw
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Permalink Reply by Dr. F. A. Young, Esq. on
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Ms. Todd you will find this of interest.
Executive Order -- Presidential Records
By the authority vested in me as President by the Constitution and the laws of the United States of America, and in order to establish policies and procedures governing the assertion of executive privilege by incumbent and former Presidents in connection with the release of Presidential records by the National Archives and Records Administration (NARA) pursuant to the Presidential Records Act of 1978, it is hereby ordered as follows:
Section 1. Definitions. For purposes of this order:
(a) "Archivist" refers to the Archivist of the United States or his designee.
(b) "NARA" refers to the National Archives and Records Administration.
(c) "Presidential Records Act" refers to the Presidential Records Act, 44 U.S.C. 2201-2207.
(d) "NARA regulations" refers to the NARA regulations implementing the Presidential Records Act, 36 C.F.R. Part 1270.
(e) "Presidential records" refers to those documentary materials maintained by NARA pursuant to the Presidential Records Act, including Vice Presidential records.
(f) "Former President" refers to the former President during whose term or terms of office particular Presidential records were created.
(g) A "substantial question of executive privilege" exists if NARA's disclosure of Presidential records might impair national security (including the conduct of foreign relations), law enforcement, or the deliberative processes of the executive branch.
(h) A "final court order" is a court order from which no appeal may be taken.
Sec. 2. Notice of Intent to Disclose Presidential Records.
(a) When the Archivist provides notice to the incumbent and former Presidents of his intent to disclose Presidential records pursuant to section 1270.46 of the NARA regulations, the Archivist, using any guidelines provided by the incumbent and former Presidents, shall identify any specific materials, the disclosure of which he believes may raise a substantial question of executive privilege. However, nothing in this order is intended to affect the right of the incumbent or former Presidents to invoke executive privilege with respect to materials not identified by the Archivist. Copies of the notice for the incumbent President shall be delivered to the President (through the Counsel to the President) and the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel). The copy of the notice for the former President shall be delivered to the former President or his designated representative.
(b) Upon the passage of 30 days after receipt by the incumbent and former Presidents of a notice of intent to disclose Presidential records, the Archivist may disclose the records covered by the notice, unless during that time period the Archivist has received a claim of executive privilege by the incumbent or former President or the Archivist has been instructed by the incumbent President or his designee to extend the time period for a time certain and with reason for the extension of time provided in the notice. If a shorter period of time is required under the circumstances set forth in section 1270.44 of the NARA regulations, the Archivist shall so indicate in the notice.
Sec. 3. Claim of Executive Privilege by Incumbent President.
(a) Upon receipt of a notice of intent to disclose Presidential records, the Attorney General (directly or through the Assistant Attorney General for the Office of Legal Counsel) and the Counsel to the President shall review as they deem appropriate the records covered by the notice and consult with each other, the Archivist, and such other executive agencies as they deem appropriate concerning whether invocation of executive privilege is justified.
(b) The Attorney General and the Counsel to the President, in the exercise of their discretion and after appropriate review and consultation under subsection (a) of this section, may jointly determine that invocation of executive privilege is not justified. The Archivist shall be notified promptly of any such determination.
(c) If either the Attorney General or the Counsel to the President believes that the circumstances justify invocation of executive privilege, the issue shall be presented to the President by the Counsel to the President and the Attorney General.
(d) If the President decides to invoke executive privilege, the Counsel to the President shall notify the former President, the Archivist, and the Attorney General in writing of the claim of privilege and the specific Presidential records to which it relates. After receiving such notice, the Archivist shall not disclose the privileged records unless directed to do so by an incumbent President or by a final court order.
Sec. 4. Claim of Executive Privilege by Former President.
(a) Upon receipt of a claim of executive privilege by a living former President, the Archivist shall consult with the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel), the Counsel to the President, and such other executive agencies as the Archivist deems appropriate concerning the Archivist's determination as to whether to honor the former President's claim of privilege or instead to disclose the Presidential records notwithstanding the claim of privilege. Any determination under section 3 of this order that executive privilege shall not be invoked by the incumbent President shall not prejudice the Archivist's determination with respect to the former President's claim of privilege.
(b) In making the determination referred to in subsection (a) of this section, the Archivist shall abide by any instructions given him by the incumbent President or his designee unless otherwise directed by a final court order. The Archivist shall notify the incumbent and former Presidents of his determination at least 30 days prior to disclosure of the Presidential records, unless a shorter time period is required in the circumstances set forth in section 1270.44 of the NARA regulations. Copies of the notice for the incumbent President shall be delivered to the President (through the Counsel to the President) and the Attorney General (through the Assistant Attorney General for the Office of Legal Counsel). The copy of the notice for the former President shall be delivered to the former President or his designated representative.
Sec. 5. General Provisions.
(a) Nothing in this order shall be construed to impair or otherwise affect:
(i) authority granted by law to a department or agency, or the head thereof; or
(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.
(b) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.
(c) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.
Sec. 6. Revocation. Executive Order 13233 of November 1, 2001, is revoked.
BARACK OBAMA
THE WHITE HOUSE,
January 21, 2009
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Permalink Reply by Luane Todd on
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Well, it looks like Pres. Obama is following through on some of the things he said he would undertake immediately. I guess we will see what other toxic orders he addresses.
Thank you for the update. Which office/agency do I go to for further information on these issues? I am always looking for the 'source', particularly in the case of sensitive information.
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Permalink Reply by Dr. F. A. Young, Esq. on
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Ms. Todd I have found going to http://www.whitehouse.gov/ to be a good start. Of course you have to browse as there are quite a few interesting doors to go through. I have also benefited by simply typing in a subject in google and see what pops up.
For example if you type in "sensitive government information" you will be pleasantly surprised at what google will bring to your screen
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Permalink Reply by Luane Todd on
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I have tried the whitehouse.gov route a time or two and either I lack patience or my door opening skills are somewhat deficient. I will try again when I can afford the time to work puzzles.
The sensitive gov info trick is neat...thanks.
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