This blog originally founded by Blogger who holds a theological degree and a doctorate in Counseling Psychology. Taught Psychology for 32 years and is now Professor Emeritus. Is a board-certified psychologist and was awarded the Lifetime Achievement Award in his profession. Ministered as a chaplain, and pastored Baptist and Episcopal churches. Publications cover the integration of psychology and theology. Served in the Army, the Merchant Marines and the Peace Corps.

Wednesday, September 2, 2015

Poof, Up In Smoke Goes Obama's Fragile Directives

  Obama tried to impose his vision upon America in questionable, sometimes illegal ways. His surreptitious style of going around the Congress can come back to bite him.

In a Wall Street Journal op ed, the writer informs us that on the next president’s first day in office, the new president could simply issue an executive order revoking all of
his predecessor’s executive actions. This includes not only his executive orders, but also a flood of presidential memorandums and directives, as well as informal guidance and orders from federal agencies. With a stroke of a pen, the next president could roll back efforts to expand the reach of labor unions, mandates requiring the expanded use of renewable energy, and Mr. Obama’s foolhardy reconciliation with Iran and Cuba. Poof. Gone.

Because he has used memorandums, they have the same legal impact as executive orders and need not be published in the Federal Register. His memorandums have resulted in significant changes in policy. Some of Mr. Obama’s most controversial unilateral actions—including granting legal status to millions of illegal immigrants and permitting insurers to offer non-ObamaCare-compliant plans through 2017—were neither executive orders nor presidential memorandums. The immigration actions were carried out through agency directives from the secretary of homeland security, while the ObamaCare action was handled by guidance from the Centers for Medicare and Medicaid Services. Poof. Gone.

The list of agency actions goes on: Mr. Obama used guidance issued in 2012 by the Department of Health and Human Services to change the work requirements in the 1996 welfare reform law, effectively allowing states to waive the statutory requirement that beneficiaries engage in "work activities." A presidential memorandum in 2013 directed the Environmental Protection Agency to use the Clean Air Act to regulate carbon emissions from power plants—a directive that led to the recent issuance of the Clean Power Plan. Mr. Obama has unilaterally and indefinitely banned energy exploration in parts of Alaska and the Arctic. Poof. Gone.

The Iranian deal and the rapprochement with Cuba, both unilateral actions, can be reversed. And if he removes Congress’ sanctions on Iran by executive action, his orders won’t stand. Poof. Gone.

The author Lanhee J. Chen is a research fellow in the Hoover Institute and Director of the Public Policy Studies at Stanford University. Because it was published on Aug. 31, my birthday, it was a hell of a birthday present.



Sarkazein said...

Poof, yes. But the sulfur smell will linger. (courtesy of the favorite dictator of the American Left)

Nobody said...

IF a conservative president is elected in 2016 and IF that president erases the executive orders, memorandums and agency directives issued by Obama through executive orders, memorandums and agency directives, will liberals THEN cry that that new conservative president is abusing power by circumventing Congress and "acting unilaterally?"