We, The People
Abuse via Executive Order 13083

By Linda A. Prussen-Razzano

Featured Rightgrrl April 1999
August 15, 1999

The Constitution, an antiquated piece of parchment that embodies the most noble foundations for a free and just government, is currently under siege.

On May 14, 1998, President Clinton introduced Executive Order #13083. The flowery rhetoric, unassuming language, and innocuous title "Federalism," appeared, at first glance, quite harmless. Upon closer examination, a chilling discovery greeted those with the patience to read between the lines; it was nothing more than a perverse attempt to discreetly expand the power of the Executive branch. Executive Order #13083 cited nine specific instances where the federal government could supercede the rights and authority of the individual states and the people.

This is a direct violation of the 10th Amendment to the Constitution: "The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people." It is also a direct violation of Article IV, Section IV: "The United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened), against domestic Violence."

Just who was the President attempting to wrest power from?

We, the People.

Thanks to the astuteness several sources, specifically the staff at World Net Daily, an otherwise distracted Congress became aware of this monstrous, attempted infringement. On August 5, 1998, President Clinton "suspended" E.O. 13083. Because it was not officially revoked, those who knew of its existence queasily waited for its resurgence.

On August 5, 1999, one year to the day, "Federalism" struck again.

Although it has not yet been given a number, the slightly modified Executive Order "Federalism" still strikes at the heart of the separation of powers. In short, if the Federal Government determines that the States (i.e., We, the People) have not adequately addressed certain "standards," their authority is "preempted" by the self same Federal Government. What standards, you might ask? It is purposefully left vague.

This is, by no means, an exaggeration. Here is a just a sample of "Federalism" in the making:

"Sec. 4. Special Requirements for Preemption. Agencies, in taking action that preempts State law, shall act in strict accordance with governing law.

"(a) Agencies shall construe, in regulations and otherwise, a Federal statute to preempt State law only where the statute contains an express preemption provision or there is some other clear evidence that the Congress intended preemption of State law, or where the exercise of State authority conflicts with the exercise of Federal authority under the Federal statute.

"(b) Where a Federal statute does not preempt State law (as addressed in subsection (a) of this section), agencies shall construe any authorization in the statute for the issuance of regulations as authorizing preemption of State law by rulemaking only when the exercise of State authority directly conflicts with the exercise of Federal authority under the Federal statute or there is clear evidence to conclude that the Congress intended the agency to have the authority to preempt State law."
We have heard of Congressional "intent" before; the Clinton Administration attempted to use Congressional "intent" to justify their export policy towards China. It was a straw man then, it is a straw man now.

Perhaps someone should send President Clinton a copy of the Constitution for his edification. The Founding Fathers clearly delineated which powers are distributed to the various branches of government. Ultimately, only those powers enumerated in the Constitution may be exercised by the Legislative, the Executive, and the Judiciary.

After having successfully waged war against a dictator to secure their individual freedoms, the intent of the Founding Fathers was quite clear…

All other powers are retained by We, the People.

This is the U.S.A., not the U.S.S.R. The power of the United States flows from We, the People, to the Government, not the other way around. How pitiful that the top elected official in the United States can't tell the difference.

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This article copyright © 1999 by Linda A. Prussen-Razzano and may not be reproduced in any form without the express written consent of its author. All rights reserved.