c ke d!

n c h e
U
What Happens When the Presidency Becomes Too Powerful
 United States Constitution

17 September, 1787

cleargov.us.com
 United States Constitution

Federalism

Separation of powers

Checks and balances

cleargov.us.com
 United States Constitution

Defined the workings and limitations of the

federal government

Defined the relationship between the federal

government, the states and the people

cleargov.us.com
 United States Constitution

In 2001, on Chicago Public Radio, WBEZ-FM, then

Senator Barack Obama said the following:

“the Constitution is a charter of negative liberties, [it]

says what the states can’t do to you, says what the
federal government can’t do to you, but it doesn’t say
what the federal government or the state government
must do on your behalf.”

cleargov.us.com
 Checks and Balances Apply Today

Ch
ck

ec
Ba
ce
e

k
Ch

la
lan

nc
Ba

e
Check

Balance

cleargov.us.com
 What happens when one branch

Ch
ec
Ba

k
la
nc
e
cke

ce
Ch

lan
Ba

Che
ck
Bal
anc
e
becomes too powerful?

cleargov.us.com
 Government Statistics*

2,748,978 Federal employees in 2009

$299,400,000,000 in salaries in 2009
97.6% of all civilian federal employees work
for the Executive Branch

Source: US Office of Personnel Management

cleargov.us.com
 Powers of the Executive*

Commander-in-Chief
Grant pardons
Make treaties
Make appointments: Ambassadors, Supreme
Court Justices, etc.
Veto legislation
Issues Executive Orders
Oversees Administrative Agencies

Source: www.america.gov

cleargov.us.com
 Executive Orders*
Instructions the President issues to Executive
branch staff

No specific allowance for Executive Orders in

the Constitution
“take care that the laws be faithfully
executed”

Critics say presidents have gone too far:

EO 9066 – FDR delegated authority to
military to create internment camps

Defenders maintain EO’s are needed to

clarify vague Congressional legislation

Source: Wikipedia
cleargov.us.com
 Executive Orders*
In 1789 G Washington issued instructions to
the former government to provide ideas
July 1948, Pres. Truman integrated the
Armed Forces with EO 9981
Sep’t. 1957, Pres. Eisenhower – EO 10730
Placed Arkansas National Guard under
Federal control
On May, 14, 1998, Pres. Clinton – EO 13083
“Federalism”, redefined the 10th amendment

Source: Executive Order Disposition Tables –

Federal Register
cleargov.us.com
 Executive Orders*
How many are issued?

Barack Obama, as of 1/1/2011 - 75

George W. Bush - 291
Bill Clinton - 364
Ronald Reagan - 381
Harry Truman - 896
FD Roosevelt- 3,728

Source: Executive Order Disposition Tables –

Federal Register
cleargov.us.com
 Executive Orders*
Sample of Barack Obama’s EOs

Jan., 24, 2009, EO 13489 – “Presidential

Records”
Dec. 9, 2009, EO 13522 – Pres. Obama –
“Labor Management Forums to Improve
Government”
Jul. 19, 2010, EO 13544 – Pres. Obama –
“Ocean Policy Initiative”
Jan. 8, 2011, EO 13563 – “Improving
Regulation and Regulatory Review”

Source: Executive Order Disposition Tables –

Federal Register
cleargov.us.com
 Revoking Executive Orders*

Incoming presidential revocation

Joint Resolution of Congress

Source: usgovinfo.about.com

cleargov.us.com
 Executive Branch Statistics*
15 Departments with over 300 agencies (inc.)
Education Dep’t. – 44
Defense Dep’t. – 56
Health and Human Services Dep’t. – 175

69 Boards and Commissions (inc.)

Arctic Research Commission
Indian Arts and Crafts Board
Nuclear Regulatory Commission

66 Independent Agencies (inc.)

Central Intelligence Agency
Consumer Product Safety Commission
National Endowment for the Arts

Source: Wikipedia
cleargov.us.com
 Executive Branch Statistics*
There are over 55 regulatory agencies
including:
Consumer Product Safety Commission
Environmental Protection Agency
Federal Trade Commission
Federal Aviation Administration
Federal Communications Commission
Federal Drug Administration
Interstate Commerce Commission
National Labor Relations Board
Nuclear Regulatory
Securities and Exchange Commission

Source: www.usa.gov
cleargov.us.com
 Executive Branch Rulemaking*
(Taxation with almost no representation)

2007 Title 26 IRS Code – 16,845 pages

2007 Federal Register – 72,090 pages

2007 Federal Code of Regulations – 145,817

pages

Source: Government Printing Office (GPO)

cleargov.us.com
 What do these rules cost?

3503 new regulations passed in 2009

$1.187 trillion in compliance costs

8.3% of GDP

Source: Competitive Enterprise Institute, April 2010

cleargov.us.com
 Executive Branch Rulemaking*
(Taxation with almost no representation)

Congress passes a statute

Individual agencies are authorized to write the

rules that enable the statute to be enforced.
Formal rulemaking – Public hearings

Informal rulemaking – No public hearings

Source: Congressional Research Service Report:

The Federal Rulemaking Process
cleargov.us.com
 Executive Branch Rulemaking
(Taxation with almost no representation)

Affordable Healthcare Act

111 new agencies
1968 new and expanded powers delegated to HHS
Estimated 10,000 pages of new regulations

Dodd-Frank Financial Reform Act

5 new agencies
Establishes 243 new rulemaking authorities
12 years to write rules

Source: GOP.gov; Heritage Foundation; Davis, Polk & Wardell, LLC

cleargov.us.com
 What are these rules?

June 8, 1906 The Antiquities Act of 1906,

intended to protect archaeological sights in the
west. Since, it has been expanded:

In 1978, Pres. Carter used the Act to lock up 50

million acres in Alaska over the protests of the
States and citizens.
In 2000, over citizens’ protests Pres.
Clinton confiscated 5.9 million acres of
land and erected 19 monuments with no
outside consultation.

Source: National Park Service; CRS Report to Congress – April 17,

2000

cleargov.us.com
 What are these rules?
In 1992 Congress passed a bill authorizing the EPA to
reduce water usage through “low flow high efficiency
toilets.

October 1995, EPA demanded 1.6 gallon flush

toilets must be installed. Savings 20 – 30K
gallons of water annually.
1992 EPA ruling demanded showerheads that
discharge only 2.5/gallon per minute.

Recently, the EPA rules were changed to cut

the flow to showers with double heads.

Source: EPA

cleargov.us.com
 What are these rules?
January 2001, the DOE instituted regulations making
central air conditioners more efficient.

Recently the agency agreed homeowners would

never recoup the costs.
Currently the DOE has new plans to tighten the
standards even further by 2014.

October 14, 2008, the Consumer Product Safety

Commission passed regulations governing toys.

The rules virtually shut down second-hand toys

and clothing for children citing virtually harmless
trace hazards.

Source: CEI; Consumer Product Safety Act (Oct. 14, 2008)

cleargov.us.com
 What are these rules?
April 1, 2010, the DOE completed implementation of
energy efficiency rules covering 20 products including
clothes washers.

Consumer Reports said of the upgraded washers,

some new models “left our stain-soaked swatches
nearly as dirty as they were before washing,” and
that “for best results, you’ll have to spend $900 or
more.”

The DOE’s response is to create even more

stringent agency rules by 2015.

Source: Competitive Enterprise Institute

cleargov.us.com
 What are these rules?
May 13, 2010, Environmental Protection Agency issues
thresholds for the release of CO2 beginning in Jan.
2011.

Clean Air act permits for larger firms now.

Gradually cover smaller businesses driving up
the costs of energy and potentially costing
hundreds of thousands of jobs.

Source: EPA News Release; Heritage.org

cleargov.us.com
 What are these rules?
May 27, 2010, the EPA stopped accepting
confidentiality claims by manufacturers as it measures
toxic ingredients.

Manufacturers like Proctor and Gamble must

surrender detergent trade secrets to the EPA.

Source: Environmental Protection Agency: “Increasing

Transparency in TSCA”
cleargov.us.com
 What are these rules?
June 18, 2010 Department of Education creates rules
change under, “Program Integrity Issues,”
“Clarifying what is required for an institution of
higher education, a proprietary institution of
higher education, and a postsecondary vocational
institution to be considered legally authorized by
the State;”

“Defining a credit hour and establishing

procedures that certain institutional accrediting
agencies must have in place to determine whether
an institution’s assignment of a credit hour is
acceptable;…”

Source: Federal Register/ Vol. 75, No. 117 (GPO)

cleargov.us.com
 What are these rules?
Nov. 29, 2010, the Department of health and human
Services issues a regulation covering ‘end-of-life’
counseling for seniors under the new healthcare law.
The unpopular rule was renamed ‘Voluntary
Advance Care Planning’ and included under
‘Annual Wellness Visits’ to avoid scrutiny.

In early November, representative Earl Blumenauer’s office sent an e-mail

plea to supporters: “We would ask that you not broadcast this
accomplishment out to any of your lists . . . e-mails can too easily be
forwarded.” They had been lucky that “thus far, it seems that no press or
blogs have discovered it. . . . The longer this [regulation] goes unnoticed,
the better our chances of keeping it.” NYT Dec. 25, 2010

Source: Federal Register/ Vol. 75, No. 228, page 73406

cleargov.us.com
 What are these rules?
Dec. 1, 2010, Department of the Interior head, Ken
Salazar, places a 7 year moratorium on offshore
drilling in parts of the Pacific, Atlantic and eastern Gulf
of Mexico.

This was in response to the BP spill in the gulf

of Mexico.

Nov. 10, 2010, Interior Department’s

Inspector General concludes White House
edited safety report. AP 11/10/2010

Source: CNN Politics 12/1/2010

cleargov.us.com
 What are these rules?

Dec. 21, 2010 the FCC voted themselves the power to

set rules governing access to the Internet.

Cybersecurity Coordinator Howard Schmidt

proposed an Internet ID for all Americans.
CNET Jan. 7, 2011

Source: NPR, Dec. 21,2010

cleargov.us.com
 What are these rules?
Dec. 22, 2010, the National Labor Relations Board
(NLRB) issued a proposed rule requiring covered
employers to post notices informing employees of their
rights under the National Labor Relations Act (NLRA).

The NLRA contains no statutory requirement to post

such a notice.
The proposed rule does not mention employee’s
rights to:

 Withdraw from a union

 Seek relief for a union's failure to represent
employees fairly
 Or to object to paying union dues or fees for
political purposes

Source: Society of Human Resource Managers

cleargov.us.com
 What can you do?

Rule making process

completed

Rule is published

Congressional
Legal challenge Rule takes effect
review

Congress votes on
Court decides Disapproval
legality Resolution

Source: Congressional Research Service Report:

The Federal Rulemaking Process
cleargov.us.com
 What can be done?
Citizens – www.regulations.gov
Attend public hearings
Provide online feedback
Enterprises and Citizens – www.regulations.gov
Bring legal action
Congress
Pass a new bill countermanding the ruling
Amend the Administrative Procedure Act
Cut funding
File a resolution of disapproval (60 days)
Pass a joint resolution (60 days)

Source: Congressional Research Service Report:

The Federal Rulemaking Process
cleargov.us.com
 What can be done?
Read

Research

Relay

cleargov.us.com
 For copies of this presentation go to:

www.cleargov.us.com

cleargov.us.com