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

Race To The Bottom

It just seems that as the rights of the people of the United States are reduced to a skeleton of their original value, the similarity to a tsunami is the best comparison for this change in our society. A wave of partisan politics is sweeping every gain from the face of the America Worker. He is seeing a reduction in his pay - if he has a job; the jobs, that were so plentiful a decade ago for the middle-class, now have the characteristic aura of the dinosaur era!

Class warfare... the worst kind, has those who are being reduced to applying for food stamps labeled as lazy by the 'haves' and those among the 'have-nots' agreeing until it is their personal situation as well.

I am reminded of a sermon by Martin Niemoller:

When they came for the Jews, I did nothing, for I am not a Jew. When they came for the Socialists, I did nothing, for I am not a Socialist. When they came for the labor leaders, the homosexuals, the gypsies, I did nothing, for I am none of these, and when they came for me, I was alone, there was no one to stand up for me. 


Martin Niemoller, a Lutheran pastor from Nazi Germany

The Race To The Bottom



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

Gov. Walker - Union Buster!

It is apparent these days the Republican national agenda contains a mandate to, in one blow, destroy the Unions, cripple the lower classes, and reward the upper classes, as well as, the corporate world.  Crush the Unions and you destroy the very fiber that has support the level of protections for all workers – OSHA, EPA, Planned Parenthood, and a host of other programs designed to protect and support our families is under fierce attack.

Over the past few weeks, in fiscally strapped State after State, and Congress, Republicans have introduced legislation to continue the tax cuts for the rich and reduce the entitlements and salaries of the middle and lower classes.  It’s not enough that Congress pushed through legislation to continue the practices that contributed to the deficit; now they want to support the new tax cuts with reductions in pay to the poor and destitute at the State level as well!

The supposition is that public employees are making way too much money and have way too many benefits that cost the States way too much money – since when does removing the right to bargain constitute a fiscal cost to the State Treasury?  Point-of-fact, not one State making this claim has the financial records to prove that this is the case, and more to the point; the one State that has restricted the right to bargain, South Carolina, is in a worst fiscal state than any of the other States that are trying to destroy the Unions in those particular States.

The Economic Policy Institute, a credible and non-political Think Tank reports just the opposite… Public-sector workers earn less when compared with those doing the same type of work in the civilian work-force!

The Unions have turned the tables on the State of Wisconsin by agreeing to cuts in pay that are being asked for by Governor Steve Walker.  In response, Walker has stated that is not enough – didn’t he want reducing in pay, yes; did he get an agreement on that issue, yes; then why Governor, do you still want to take away the right to bargain for vacations, workplace safety, and any other hard fought for condition for employment?  The answer is simple; he wants to destroy the Unions so that he can bring into the State of Wisconsin those corporations that don’t want to deal with Unions and collective bargaining!

Let’s make the area of dispute clear… Governor Walker, within days of taking office, offered one hundred seventeen million dollars of incentives to businesses wanting to relocate to Wisconsin – that was a good thing!  However, he wants sweetening the deal by destroying the Unions and financing those tax incentives on the backs of the working public!  He wants to destroy any hope of the workers creating a union-type atmosphere in the workplace.

Make no mistake, the Republican Party has set an agenda to destroy every facet of what has made this country great – the ability to collectively bargain is a right that has been fought for and earned for just reasons and the Republican Party wants to destroy them – out of greed!  Ultimately, the rights of every American are under scrutiny and the changes will manifest themselves in a reduction of your rights!

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