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Ever since the Korean War, Article II, Section 2 of the Constitution which refers to the president as the “Commander in Chief of the Army and Navy of the United States” has been interpreted to mean that the president may act with an essentially free hand in foreign affairs. The President chose to monitor foreign nationals that happened to reside in the US. </p>
<p>Now maybe you think President Bush is the first to use Executive Orders to change the law of the land; hardly. Here are just a few examples of how President Clinton misused executive orders or proclamations to put in place policies that Congress didn’t authorize or, in some cases, specifically rejected: </p>
<p>The War in Kosovo – Among other things, President Clinton used executive orders to declare the area a war zone and to call up U.S. military reservists to be sent to the area. These orders were issued despite the fact that Congress - with my support - overwhelmingly rejected a resolution to declare war and also rejected a resolution to declare support for the air war President Clinton unleashed in Kosovo. </p>
<p>Preventing contractors doing business with the federal government from hiring permanent replacements for strikers – President Clinton issued this order in the face of a U.S. Supreme Court decision and despite the fact that Congress had rejected this idea FOUR DIFFERENT times. A federal appeals court voided this executive order. </p>
<p>Creating the 1.7 million acre Grand Staircase-Escalante National Monument in Utah just a few weeks before the 1996 presidential election – The House Committee on Resources found: “The White House abused its discretion in nearly every stage of the process of designating the monument. It was a staff-driven effort, first to short- circuit a Congressional wilderness proposal and then to help the Clinton-Gore re-election campaign.” In their article, attorneys Olson and Woll described what happened as an effort “to both bypass and preempt Congress.” </p>
<p>The “Federalism” order governing relations between the federal government and the states - President Clinton initially used an executive order that basically “junked” an executive order by President Reagan. His order had provided that unless the law and Constitution clearly place a particular matter under federal jurisdiction, the presumption should be that the jurisdiction lies with state or local government. President Clinton’s original executive order eliminated that presumption. But under pressure from the nation’s governors, President Clinton dramatically altered his original order. </p>
<p>Or how about these:</p>
<p>President Andrew Jackson used executive powers to force the law-abiding Cherokee Nation off their ancestral lands. The Cherokee fought the illegal action in the U.S. Supreme Court and won. But Jackson, using the power of the Presidency, continued to order the removal of the Cherokee Nation and defied the Court’s ruling. He stated, “Let the Court try to enforce their ruling.” The Cherokee lost their land and commenced a series of journeys that would be called The Trail of Tears. </p>
<p>President Abraham Lincoln suspended many fundamental rights guaranteed in the Constitution and the Bill of Rights. He closed down newspapers opposed to his war-time policies and imprisoned what many historians now call political prisoners. He suspended the right of trial and the right to be confronted by accusers. Lincoln’s justification for such drastic actions was the preservation of the Union above all things. After the war and Lincoln’s death, Constitutional law was restored. </p>
<p>In 1917, President Woodrow Wilson could not persuade Congress to arm United States vessels plying hostile German waters before the United States entered World War One. When Congress balked, Wilson invoked the policy through a Presidential Executive Order. </p>
<p>Roosevelts Executive Order 9066: The President Authorizes Japanese Relocation</p>
<p>EXECUTIVE ORDER 10990 allows the government to take over all modes of transportation and control of highways and seaports. </p>
<p>EXECUTIVE ORDER 10995 allows the government to seize and control the communication media. </p>
<p>EXECUTIVE ORDER 10997 allows the government to take over all electrical power, gas, petroleum, fuels and minerals.</p>
<p>EXECUTIVE ORDER 10998 allows the government to take over all food resources and farms. </p>
<p>EXECUTIVE ORDER 11000 allows the government to mobilize civilians into work brigades under government supervision. </p>
<p>EXECUTIVE ORDER 11001 allows the government to take over all health, education and welfare functions. </p>
<p>EXECUTIVE ORDER 11002 designates the Postmaster General to operate a national registration of all persons.</p>
<p>EXECUTIVE ORDER 11003 allows the government to take over all airports and aircraft, including commercial aircraft. </p>
<p>EXECUTIVE ORDER 11004 allows the Housing and Finance Authority to relocate communities, build new housing with public funds, designate areas to be abandoned, and establish new locations for populations.</p>
<p>EXECUTIVE ORDER 11005 allows the government to take over railroads, inland waterways and public storage facilities.</p>
<p>EXECUTIVE ORDER 11051 specifies the responsibility of the Office of Emergency Planning and gives authorization to put all Executive Orders into effect in times of increased international tensions and economic or financial crisis. </p>
<p>EXECUTIVE ORDER 11310 grants authority to the Department of Justice to enforce the plans set out in Executive Orders, to institute industrial support, to establish judicial and legislative liaison, to control all aliens, to operate penal and correctional institutions, and to advise and assist the President. </p>
<p>EXECUTIVE ORDER 11049 assigns emergency preparedness function to federal departments and agencies, consolidating 21 operative Executive Orders issued over a fifteen year period. </p>
<p>EXECUTIVE ORDER 11921 allows the Federal Emergency Preparedness Agency to develop plans to establish control over the mechanisms of production and distribution, of energy sources, wages, salaries, credit and the flow of money in U.S. financial institution in any undefined national emergency. It also provides that when a state of emergency is declared by the President, Congress cannot review the action for six months. </p>
<p>EXECUTIVE ORDER 12148 created the Federal Emergency Management Agency (FEMA) that is to interface with the Department of Defense for civil defense planning and funding. An “emergency czar” was appointed. FEMA has only spent about 6 percent of its budget on national emergencies, the bulk of their funding has been used for the construction of secret underground facilities to assure continuity of government in case of a major emergency, foreign or domestic. </p>
<p>EXECUTIVE ORDER 12656 appointed the National Security Council as the principal body that should consider emergency powers. This allows the government to increase domestic intelligence and surveillance of U.S. citizens and would restrict the freedom of movement within the United States and granted the government the right to isolate large groups of civilians. The National Guard could be federalized to seal all borders and take control of U.S. air space and all ports of entry. Many of the figures in the Iran-Contra scandal were part of this emergency contingent, including Marine Colonel Oliver North. </p>
<p>As you can see, Executive Order is as much the law of the land as anything Congress passes, and has been throughout our history. All from a few minutes on Google:)</p>