The Executive Order

Many believe, falsely, that the President of the United States is ‘the most powerful man in the world’.  He represents the most power nation in the world, and therefore, must be the most powerful man in the word!  That we may be the most powerful nation in the world has its truths, but to suppose that because the President is the leader of the United States, he too, is just as powerful is a misnomer.

Our Constitution outlines the framework of how our government works.  In it are the ‘job descriptions’ of each of the three parts of the governmental framework to which we adhere to religiously… or should adhere to religiously.  This adherence is not almost indelible; on occasion, some have crossed the shady areas and violated ethnics to change how a certain thing is implemented.  Nothing is perfect, and checks and balances are the glue that holds the government together when violations occur.

As a Constitutional scholar, no one knows this better than our current President… Barack Obama.  His slow, yet methodical manner, of dealing with the confrontations facing the nation and his presidency are misinterpreted by two groups of individuals – those who want fixes yesterday and cite him as being weak, and those who want to usurp and contradict him at every turn.  

However, in review, the President does have a slight edge of dominance.  He can mandate his agenda by vetoing any legislation that does not conform to the direction in which he wants to take the country.  It is up to his opposition to garner the support to overturn his veto by a two-thirds vote, something that can occur, but with great difficulty.

The President also has the ways and means to circumvent Legislative and the Judicial branches with impunity.  I speak to a little understood tool called the ‘executive order’…  

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.

The one drawback to an Executive Order is its longevity… there is no permanence to executive orders if they are challenged and over-ruled by the other two branches of government.  Congress can rewrite, or amend an executive order; the Judicial branch can rescind a executive order by declaring it unconstitutional.  Truman’s attempt to control the labor unions shortly after WWII was defeated by the Supreme Court.  Ronald Reagan’s actions to strip the Air Controller’s of a union were all but ignored… essentially because those in a position to challenge each President will - or will not do so!

In summary, any resolution of current issues such as DADT will not be settled by the issuing of an ‘executive order’.  This President is electing to confront such matters by using the Constitution and a sympathetic Congress to address the issues… I happen to think that the President is taking the most assured path for permanence!

Few have maintained a level-head under the duress being experienced by this President - I commend him for his fortitude and wisdom under pressure!

In a democracy, silence is not golden; it is condonance in the face of injustices; it is fear, where the thought of reprisal fosters control – Rodney A. Davis

The Second Reason Bill Clinton Wants Obama To Lose

Have you noticed the way Bill Clinton is sucking up to McCain of late? I think that it is shameful and so does Roger L. Simon of the PAJAMAS MEDIA. I have enclosed his Op-ed for your review here.

For many months now we have been treated to Bill Clinton’s intermittent displeasure with Barack Obama. Sometimes it has been overt, sometimes covert. Most recently, while being fawned over by the ladies at The View, he allowed as how Hillary did not really want the vice-presidential nomination after all. (This makes sense to me, by the way.) At the Democratic Convention, he delivered a far better speech than the candidate, showing up the less experienced Illinois Senator without really doing anything for his presidential campaign. In fact, he seems to speak more postively of McCain–especially off the cuff–only the other day lavishing praise on the Arizonan and defending his decision to skip the first debate to work on the financial crisis with an obvious fact most of us had forgotten - McCain had previously asked Obama for repeated, even constant debates, which the Democratic candidate refused. (The mainstream media made nothing of this, needless to say.) Indeed it seems Clinton wants Obama to lose.

The explanation for this behavior, says the conventional wisdom, is that Clinton wants McCain to win to give his wife another shot at the presidency in 2012. I wouldn’t doubt there is validity to this. But I submit there is a second reason, perhaps equally important: Clinton genuinely wants McCain to win for the good of the country.

I have no proof of this, I know, other than my instincts watching the man. But we all have a lot of experience of Bill Clinton - the good Bill and the bad Bill, the charming, brilliant politician and the liar. When Clinton is at his most relaxed and spontaneous, he appears–and possibly is–the most truthful. When he is enraged and tense (as in the Monica finger-wagging episode), he has Pinnochio beaten around the block. There is also a middle ground, when Bill puts on a show, as in his speech praising Obama at the Convention. It was well done, but I didn’t believe a word of it. Since then, he hasn’t had much at all to say in favor of Obama.

Of course, I am not the only one to observe this. Katherine Seelye of the New York Times Caucus blog wrote today:Clinton Continues to Praise McCain - Barack Obama might be forgiven for wondering which side Bill Clinton is on.

All week, beginning with an appearance on “The View” and then on The Late Show With David Letterman, the former president has seemed to praise John McCain, while giving short-shrift to Mr. Obama.

It was just a month ago when Mr. Clinton lavished praise on Mr. Obama at the Democratic National Convention, asserting he was ready to be president. But now, as the campaign intensifies, Mr. Clinton seems to be taking every opportunity to promote his rival.

This morning, Mr. Clinton continued the pattern, giving a platform to Mr. McCain at the Clinton Global Initiative conference.

"I am personally, profoundly honored that Senator came here today,” Mr. Clinton said, then went on to praise Mr. McCain’s environmental record.

Seelye goes on, but you can read it at the link. Coming back to my “second reason,” we must remember that Clinton is a centrist (like Bush and, even more, McCain). No one knows, perhaps even Obama himself, what Obama is. Maybe, like many of us, Bill Clinton is genuinely worried. He would know, wouldn’t he?