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Obama Mulls 200 Changes He Could Make Using Executive Authority

Posted Nov 10, 2008 6:34 AM CST
By Debra Cassens Weiss

Barack Obama’s lawyer-laden transition team has prepared a list of 200 possible regulatory and policy changes he could quickly adopt using his executive authority. They include hot-button issues such as funding for stem cell research and abortion counseling.

Obama has already indicated he plans to reverse a Bush administration limit on stem cell funding, the Washington Post reports. He also plans to lift a gag rule that barred international family planning groups that receive U.S. aid from counseling on abortion, Planned Parenthood president Cecile Richards told the newspaper.

Obama has also said he intends to reverse a Bush administration decision that barred California from implementing automobile emissions that are tougher than federal standards. He also will likely block oil drilling on land near national parks in Utah, the Wall Street Journal reports.

"There's a lot the president can do using his executive authority without waiting for congressional action," said John Podesta, head of Obama's transition team, on Fox News Sunday. The New York Times quoted from the interview.

“We need to get off the course that the Bush administration has set,” Podesta said.

Comments

1.

J.D.
Nov 10, 2008 9:13 AM CST

So-called “executive orders” and “signing statements” have no basis in the Constitution and should be disregarded completely by anyone and everyone.

Unfortunately, every president has used them to aggrandize the power of the Executive.

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2.

mdimarco
Nov 10, 2008 12:09 PM CST

I completely agree with J.D. I am unsure of what legal authority these statements and orders have. although I am curious why our lawmakers are not challenging the executive branch in this regard.

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3.

J.D.
Nov 10, 2008 1:49 PM CST

The ABA seemed to agree in 2006: “President Bush should stop issuing statements claiming the power to bypass parts of laws he has signed, an American Bar Association task force has unanimously concluded in a strongly worded 32-page report that is scheduled to be released today.”

http://www.boston.com/news/nation/washington/articles/2006/07/24/panel_chides_bush_on_bypassing_laws/
http://www.abavideonews.org/ABA373/

Of course, that was under a Republican president. I guess we’ll have to wait to see if the ABA takes the same position with a Democrat president.

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4.

That Lawyer Dude
Nov 10, 2008 10:54 PM CST

There are significant differences between signing statements and executive orders. The former are nothing more than a bold faced attempt by Pres. Bush to have his cake and eat it too. The latter is how an administration will implement laws already on the books.

The former are not challengable but are used as an explaination of the limits the executive wants on the law. A place for his judges to hang their hats if they want to see the law the way the President does. The court ought to ignore them and say that if the Executive doesn’t like the law passed he should veto it.

Executive orders OTOH can be overridden by legislation and by legal challenge in the courts.
Obama need not be challenged by the ABA, yet. I would think the ABA’s position on Signing statements will not change under any administration.

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