TAG TEAM: Executive fiat and the art of regulation

The new congress is being sworn in as I write this. The Republicans now control the House of Representatives, and have much more influence in the Senate than the numbers would seem to show. Long live gridlock! Make no mistake about it, the 2010 midterms were America’s filing of a restraining order against the political left. President Obama, Nancy Pelosi, and Harry Reid were leading the country in a direction where they did not want to go, where they never voted for in the first place, and down an economically destructive path that can at best be described as insane, and at worst be described as criminal. So, we fired the bums, and replaced them with a group of hopefully more conservative leaders, who we are equally hopeful will display backbones not before seen in politicians.

Here is the rub. Does President Obama even need to accomplish any more legislation in order to achieve future “evil” plans for our nation? He still runs the Executive Branch of our government. Consent of the governed is something he does not need for his signature to be added to an executive order. The damaging laws already enacted are purposefully vague in order to allow wide interpretations in regulation. The Cap and Trade Bill will not become law. The EPA does not need the Bill to achieve the destruction of the Energy Sector of our economy. All they need is to use the decades old Clean Air Act, and to take the further step of declaring Carbon Dioxide a dangerous gas. This represents an action so asinine, I find it difficult to write it down. And yet, the EPA has done this. All of us, are now guilty of polluting the planet, simply by following our instinctive and involuntary behavior by performing the simple act of breathing. While this may seem to be breathtakingly goofy, and that this entire scenario requires a feat of logical acrobatics that should not be attempted without a safety net, several harnesses, and team of emergency medical personnel standing by, the Clean Air Act really does give the EPA the authority to do this.

The President also has the authority to sign economy killing executive orders, such as the order he signed putting a stop to all drilling in the Gulf of Mexico. Here we are, several months after the greatest ecological disaster in the Gulf turned out to be grotesquely overblown, and there is still no drilling going on. This is damaging to the national economy, and especially to the people of Louisiana, where most of the Oil Workers for these rigs reside. The production of oil in our country is important for several reasons. Two of which are these. I believe that everyone recognizes the need to develop our own sources for oil here, in the U.S. Our, “dependence,” on foreign oil is a campaign issue for almost every national election. Oil is perhaps the single most important commodity needed for our nation’s economic survival. Without it, we would not be able produce as much or transport as much. The only reason for allowing this to continue is the misguided desire for control, which will ultimately destroy the nation’s economy.

Executive fiat is not new. Presidents who have not enjoyed friendly Congresses have been doing it since the nation was founded.  What is different this time, President Obama is doing it even in the instances where he has lost his battles in the Judiciary Branch. His ban on Off Shore Drilling was declared to be unconstitutional in August. The EPA lost their bid in court to regulate our very act of breathing as well. Yet, here we are, still saddled with these onerous executive decrees. One thing is clear, the President has little regard for trite little things like the Constitution, or the consent of the governed. He now has a cover and a distraction with the Legislative Branch. He can, like Clinton now claim to be a centrist, and even help them with meaningless accomplishments which will make him seem conservative at times. All the while though, he will be chipping away at those limits through executive privilege.

Congress is charged with oversight. Start the investigations, at least in some way We The People will fully have a chance to see him for what he truly is in time for the 2012 election.

Republished with permission.


As a graduate of The Ohio State University, I began working as an Assistant Manager in a Woolworth store in 1986. After spending 19 years in retail management, I decided to change my life. I transitioned into the Financial Services industry. I currently work as a Financial Planner with my own firm in Rocky River, Ohio. Along the way I managed to collect 4 children and two ex-wives. My political views started out on the left, but as time went on, and I realized that consequences mattered, I gradually became more conservative. On another note, as I am brand spanking new to this blogging thing, please feel free to leave comments as to how I can improve in any comment thread. Thank you for your help.

  1. I have the sneaking suspicion that the most heat will come from whatever oversight committee is investigating Julian Assange for “treason” once the freshmen are briefed on “what’s important” ny the GOP establishment.

    /rolls eyes

  2. From what I remember reading Gridlock is when our Economy is most productive, it is too bad that people like Pelosi, who take impeachment off the table, exist and care not what is best for the people that voted for her. Hopefully, all the freshmen aren’t threatened with Marshal Law.

    1. The problem is that Obama can keep making it difficult for people to actually be productive by making the regulatory roadblocks even more onerous. People are terrified of being motivated and successful at anything because of the ridiculous amount of paperwork that comes with it.

      1. It goes even further than that. The State of Texas is the only state in the country which has gained in jobs during the recession. Why? It is no accident that Texas also happens to be the least regulated State. Administration of social welfare programs are far less generous. The answer of the Obama Administration has been to sick the EPA on Texas. Rather than apply the successful model of freedom and self determination to the rest of America, We are going to shut down their success by forcing onerous Federal Policy at the State level.