Why are so-called Executive Orders permissable by fiat? I don't care what President does this, it is undemocratic and should not be allowed.

-- Lars (larsguy@yahoo.com), January 21, 2001

Answers

I agree that the unilateral creation of "law" is not a good thing. The existence of Executive Orders is one of many indications that the real power in this country lies with the Executive Branch. It seems to me that in any form of government, a select group granted the power to enforce the law will eventually concentrate power intolerably. I don't have a good alternative.

-- David L (bumpkin@dnet.net), January 21, 2001.

What is the process for striking down an Executive Order? I assume the Supreme Court would have sole jurisdiction.

-- Rich (howe9@shentel.net), January 21, 2001.

Yeah, striking one or striking one down, the whole deal sounds unconstitutional somehow. I hate to admit such ignorance.

Another thing is the making of regs--Congress loosely authorizes unaccountable bureaucrats to define nitty-gritty rules on many activities.

-- Lars (larsguy@yahoo.com), January 21, 2001.

FYI...

Saturday January 20 5:42 PM ET Bush Blocks Clinton's Orders

TOM RAUM, Associated Press Writer

WASHINGTON (AP) - Getting his new administration off to a quick start, President Bush on Saturday signed an order establishing ethical standards for his new administration, formally submitted his Cabinet nominations to the Senate and acted to suspend a batch of 11th-hour orders by his predecessor.

The blocked regulations issued by former President Bill Clinton include new Medicare guidelines and environmental protections. With the stroke of a pen, Bush also proclaimed Sunday as ``a national day of prayer and thanksgiving'' and ordered a temporary federal hiring freeze until his new Cabinet members get in place.

Bush issued his first two executive orders and submitted the Cabinet nominations while still at the Capitol after being sworn in. Three hours later, the Senate confirmed seven of his Cabinet nominees.

The president served notice with his 15-minute inaugural address that he planned to move ahead on themes he had sounded repeatedly during his presidential campaign: an education package, proposed Social Security and Medicare changes, a big tax cut and increased defense spending.

``We must show courage in a time of blessing, by confronting problems instead of passing them on to future generations,'' Bush said.

At Bush's behest, White House chief of staff Andrew Card issued a directive to effectively prevent a series of last-minute Clinton actions from taking place.

Among the actions targeted are environmental restrictions on runoff from animal feeding operations, and more than 800 pages of new guidelines for managed care programs under Medicare, and Clinton's designation - made hours earlier - of the former military post of Governor's Island in New York Harbor as a national monument.

Clinton left office with a flurry of decisions, many of which have drawn sharp criticism from Republicans.

Card's directive imposes a moratorium that would prevent any new rules from being printed in the Federal Register - unless specifically approved by the incoming administration. It also ordered all agency heads to withdraw any proposed regulations that have already been sent to the Federal Register but have not yet appeared.

That would essentially block the most recent of Clinton's executive orders because most rules cannot take effect until a certain time after their publication in the Federal Register. It also puts a 60-day delay on any regulations already printed in the Register but which have yet to take effect, Bush aides said.

Older regulations would not be covered, but are actively under review by the incoming Bush administration. Many may be rescinded, Bush officials said.

``As we had indicated, we intend to review all these Clinton administration regulations and orders,'' said Bush spokesman Ari Fleischer.

He said imposing a moratorium on the printing of new rules ``enhances our ability to review them.''

The freeze would not affect the more than 150 pardons issued by Clinton in his final hours.

Imposing a freeze on rules has been done in the past by other incoming presidents.

Then-President Reagan used a similar technique in 1981 to block scores of last-minute executive orders by his predecessor, Democrat Jimmy Carter.

And when he took office in 1993, Clinton moved quickly to block several orders that Bush's father, George Bush, had put in place in the closing days of his administration.

One would have required federal contractors to inform nonunion employees of their rights to get a refund of any dues withheld from their paychecks. The younger Bush may issue a new executive order reimposing that blocked order of his father's, the GOP officials said.

Bush also signed an executive order spelling out a code of ethics for members of his new administration.

It calls on all members of his administration to ``maintain the highest standards of integrity'' and spells out a series of rules - including standard prohibitions against using public office for private gain, holding financial interests that conflict with official duties, and a requirement not to engage in discriminatory practices.

And Card imposed a freeze on hiring of new federal employees ``unless and until'' a Bush-appointed agency head approves the hiring, preventing holdover Clinton officials from hiring new employees.

As with most inaugural addresses, Bush's speech was thematic and short on specific proposals. It amounted to a summary of what were longtime campaign promises, beginning with education reform. ``Together, we will reclaim America's schools, before ignorance and apathy claim more young lives,'' Bush asserted.

Bush planned to make his education package the first legislation he sends to Congress.

He would require more student testing, punish and reward states depending on pupil performance, expand public charter schools, spend $5 billion to boost literacy over five years and $8 billion over 10 years for more college scholarships and grants.

``We will reform Social Security and Medicare, sparing our children from struggles we have the power to prevent,'' Bush said. He has proposed allowing younger workers to put a portion of their Social Security taxes into the stock market in search of higher returns; and allowing private companies to compete to provide prescription drug and other medical benefits under Medicare.

And he got in a plug for his 10-year, $1.6 trillion tax-cut plan. ``We will reduce taxes, to recover the momentum of our economy and reward the effort and enterprise of working Americans,'' Bush said.

He pledged to ``build our defenses beyond challenge'' with a strong military.

And, in a clear reference to the national missile defense system he has championed, Bush vowed to ``confront weapons of mass destruction, so that a new century is spared new horrors.''

-- politicians (just kids @ playing. games), January 21, 2001.

I've seen a lot of EOs and they really don't amount to much. Most of them are just short memo type letters and can be rescinded just as easily as they are made. Most of the ones I've seem dealt with military affairs and we spent more time trying to figure out what they meant they actually enstating the order. I've not seen one that actually institutes a law but merely explains policy and guidelines. I never really considered them to have as much weight as law or court decisions.

-- Maria (anon@ymous.com), January 22, 2001.

Maria is right. EO's are just the head of the executive branch telling people who work for him what they should do and how they should do it. Much like what goes on in the business world. And, like in the business world, the fact that the president (be it the president of a private corporation or the president of the United States) tells his underlings to do something a particular way does not have the force of law or override laws or the constitution.

An editorial comment -- people who worry a lot about Executive Orders, generally share the following characteristics: (1) they don't understand the process in the first place, (2) tend towards paranoia, and (3) are often part of the "Waco Wacko" crowd or something similar. But, that's only my opinion.

-- E.H.Porter (just.wondering@about.it), January 22, 2001.

Well EH, I'm glad you cleared that up. The Press made it sound like Clinton, or any president, could, thru EOs, arbitrarily implement a bunch of policy at the end of their term.

What was the deal about Clinton defining large tracts of land to be off-limits to private use? I am not saying this is good or bad but it didn't sound democratic. It sounded dictatorial.

-- Lars (larsguy@yahoo.com), January 22, 2001.