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FREEDOM Watch
A look at what's new on "Project FREEDOM."
( house.gov )
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Issued: FRIDAY, July 30, 1999
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Restricting the Executive Orders
Constitutional vision of separated powers necessary for liberty
By US Rep. Ron Paul
One of the chief complaints of the American colonists against King George
was that he had usurped powers that were not rightfully his, and then used
those powers to the disadvantage of the people.
In the ensuing years, those revolutionaries created a federal government
that was not only strictly limited, but also strictly divided among three
co-equal branches, each with unique and limited powers and each with a
coequal duty to uphold and sustain the Constitution of the United States.
Under a truly constitutional approach to our government, every branch has
the ability to check the abuses of power by the others.
But this system of "checks" has grown drastically out of balance, if indeed
it ever truly was in balance. But the errors of the past, whether distant or
recent, should not be reason to leave the future shackled to reckless
policies grown from disdainful philosophies.
The most glaring example of our out-of-balance system is the power of the
president to create laws through the use of the "Executive Order." Our
system grants all legislative power to the legislative branch, while Chief
Executive exists to "faithfully execute" those laws. ...
I have introduced legislation, along with Rep. Jack Metcalf of Washington,
that would bring our federal system into proper balance. The Separation of
Powers Restoration Act (HR2655) prohibits a presidential order from having
the effect law by restricting the scope of the directives. In addition, it
repeals the 1973 War Powers Act, which -- despite the constitutional
prohibition -- granted broad war-making authority to the Office of the
President. Further, the legislation suspends all of the "national
emergencies" which have been declared since 1976, when Congress last
cancelled them. Still on the books are "emergencies" relating to Iraq and
the Soviet bloq. These emergency declarations give presidents great
authority, even if the situation no longer presents a threat to our national
security.
Finally, and perhaps most significantly, my legislation grants legal
standing to individual Members of Congress and Senators, state officials
and, of course, private citizens who believe a president's Executive Order
has overstepped constitutional bounds and negatively impacted them, their
rights, their property or their business. ...
Read the rest of this COLUMN at:
house.gov
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