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February 13, 2012
Binyamin Rose: Back to the Bunker: How a life-risking act by a Christian family during the Holocaust saved a family and built a thriving community a world away
Menachem Wecker: Business Schools Teach Real Estate Despite Troubled Housing Market
February 10, 2012
Lisa M. Krieger: Man with defibrillator demands access to his own heart's information
David G. Savage: Why activists may not be in a hurry to have High Court rule on alternative marriage
February 9, 2012
Laura McMullen: 10 Least Expensive Public Schools for Out-of-State Students
Kimberly Palmer: How to actually enjoy -- relaxing, financially -- your vacation
February 8, 2012
Warren Richey: Why momentous Prop. 8 ruling might not satisfy gay-rights groups
Menachem Wecker: Though Controversial, LL.M.'s Can Lead to Specialized Legal Jobs
The Kosher Gourmet byDana Velden: Going to the bother of making soup? You know it better be good. This CREAM OF TOMATO SOUP certainly is! And it's a cinch to make, too (Includes techinques and serving secrets)
February 7, 2012
Frank J. Gaffney, Jr.: Caught off-guard? President's Super Bowl interview with Matt Lauer gives those who need a reason not to vote for him, a darn good one
Suzanne Bohan: Leaping lizards! Tiny reptiles advancing robot design
February 6, 2012
Jonathan Tobin: Iran Threatens Israel With Destruction, But the New York Times Doesn't Hear It
Jeffrey Fleishman: In newly democratic Egypt, tens of democracy activists jailed, to stand trial; their groups are 'threatening the stability of the homeland'
Julie Deardorff : Researchers say antioxidants may not be that effective and could do more harm than good
Mark Clayton: How did Anonymous hackers eavesdrop on FBI and Scotland Yard?
February 3, 2012
Edmund Sanders : Israeli official says Iran is creating missile that could reach East Coast of US
Victoria Kim: Immigrant-smuggling ring used black drivers to avoid racial profiling
February 2, 2012
Jim Carney: Wrong number call may have saved her life
Reza Kahlili : Ex-CIA spy in Iran's Revolutionary Guard: What Obama doesn't grasp about striking deals with Tehran
Tina Susman: For woodchuck rescuer, every day is Groundhog Day
February 1, 2012
Brian Bennett: US officials see increasing threat of domestic attack from Iran
Emily Brandon: How to Take Advantage of New 401(k) Fee Disclosures
January 31, 2012
January 30, 2012
Paul Richter and Ramin Mostaghim: Misreading Teheran's limits -- deadly and economically devastating as they may be -- is a risk administration, Europe seem willing to take
Suzanne Bohan: Warning: Nap-deprived tots missing more than sleep, study finds
Meg Handley: Banks Revamping Rewards Programs to Woo Customers
January 27, 2012
Caroline B. Glick: Obama: Of course I intend to prevent a nuclear holocaust . . . in a few months
Yochonon Donn: In liberal New York City, fervently-Orthodox Jews may soon be getting a district to call their own
Jeannine Stein: An inflated ego and thinking you're 'all that' doesn't just make others sick of you, it can make you ill
Katy Hopkins: New budget rules may affect how much money you get for college
January 26, 2012
Ed Koch: To the New York Times, calling for the murder of Jews by those capable of having their incitement taken seriously isn't news
Jeannine Stein: Mental illness struck one in five U.S. adults in 2010: Report
January 25, 2012
Richard Simon: House passes two bills endorsing the use of religious symbols at military memorials
Fred Weir: Putin: Multiethnic Russia cannot survive as a US-style 'melting pot'; must find its own way
Susan Johnston: 5 Sneaky Coupon Strategies Consumers Should Watch Out For
January 24, 2012
Carol Clark: The price of your soul: How your brain decides whether to 'sell out'
Caroline B. Glick: America lost most in 'Arab Spring'. Sadly, many voters still don't grasp the extent
Warren Richey: Drug criminal scores win in GPS ruling from conservative-leaning high court
Erika Bolstad: Black conservatives gather to talk about gaining strength
January 23, 2012
Melissa Dribben: Jewish voters to play a key role in Florida's Republican primary
Jordan Rau: In quest to grow, Catholic hospital system will announce this morning its break from church
Ali Safi: U.S. envoy gives Taliban terms for peace talks
January 19, 2012
January 18, 2012
January 17, 2012
Frank J. Gaffney Jr.: No-kidding red lines: U.S. response to an Iranian nuke may be bluster, but Israel's won't be
David G. Savage: They sued their principals after slandering them online --- now the cases are headed to the Supreme Court
David Francis: Where to Invest in 2012: With stocks expected to rebound, opportunity abounds for investors
January 13, 2012
Ben Lynfield: Israeli lawmakers move to annex Jewish Judea, one museum at a time
Alexia Elejalde-Ruiz: Thriving through touch: Gentle massage helps older people with low mobility improve in mind and body
January 12, 2012
Warren Richey: Landmark Supreme Court ruling a 'resounding win' for religious groups
Warren Richey: Supreme Court says no to new rule on eyewitness testimony
John Fauber : Statins found to raise diabetes risk in postmenopausal women
Katy Hopkins : Consider This Before You Pay for an Online Degree
The Kosher Gourmet by Joseph Erdos: This mushroom and barley soup has an intense -- almost nutty -- flavor that mixes robust with Middle East. It has creaminess without cream
January 11, 2012
Shari Roan: Millions of atrial fibrillation sufferers at risk for devastating, but preventable, stroke
Tom Hussain: Pakistan -- recipient of more than $21 billion in civilian and military aid -- speeds pursuit of Iranian pipeline, defying US
David G. Savage: High court signals it won't be loosening TV's 'indecency' rules
Stephen Ceasar: Oklahoma's Islamic law amendment can't go into effect, court rules
January 10, 2012
Reza Kahlili: From an ex-CIA spy: US must exploit new split in Iran's Revolutionary Guard
Karen Kaplan: Study: Nicotine replacement products ineffective when used in real-life situations
January 9, 2012
Michael Doyle: Put through legal hell over dream home, couple fought back hard --- all the way to Supreme Court
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Jewish World Review
August 6, 2010
/ 26 Menachem-Av, 5770
Annals of executive overreach
By
Charles Krauthammer
http://www.JewishWorldReview.com |
Last week, a draft memo surfaced from the Department of Homeland Security suggesting ways to administratively circumvent existing law to allow several categories of illegal immigrants to avoid deportation and, indeed, for some to be granted permanent residency. Most disturbing was the stated rationale. This was being proposed "in the absence of Comprehensive Immigration Reform." In other words, because Congress refuses to do what these bureaucrats would like to see done, they will legislate it themselves.
Regardless of your feelings on the substance of the immigration issue, this is not how a constitutional democracy should operate. Administrators administer the law, they don't change it. That's the legislators' job.
When questioned, the White House played down the toxic memo, leaving the impression that it was nothing more than ruminations emanating from the bowels of Homeland Security. But the administration is engaged in an even more significant power play elsewhere.
A 2007 Supreme Court ruling gave the Environmental Protection Agency the authority to regulate carbon emissions if it could demonstrate that they threaten human health and the environment. The Obama EPA made precisely that finding, thereby granting itself a huge expansion of power and, noted The Post, sending "a message to Congress."
It was not a terribly subtle message: Enact cap-and-trade legislation -- taxing and heavily regulating carbon-based energy -- or the EPA will do so unilaterally. As Frank O'Donnell of Clean Air Watch noted, such a finding "is likely to help light a fire under Congress to get moving."
Well, Congress didn't. Despite the "regulatory cudgel" (to again quote The Post) the administration has been waving, the Senate has repeatedly refused to acquiesce.
Good for the Senate. But what to do when the executive is passively aggressive rather than actively so? Take border security. Sen. Jon Kyl (R-Ariz.) reports that President Obama told him about pressure from his political left and its concern that if the border is secured, Republicans will have no incentive to support comprehensive reform (i.e., amnesty). Indeed, Homeland Security's abandonment of the "virtual fence" on the southern border, combined with its lack of interest in completing the real fence that today covers only one-third of the border, gives the distinct impression that serious border enforcement is not a high administration priority absent some Republican quid pro quo on comprehensive reform.
But border enforcement is not something to be manipulated in return for legislative favors. It is, as the administration vociferously argued in court in the Arizona case, the federal executive's constitutional responsibility. Its job is to faithfully execute the laws. Non-execution is a dereliction of duty.
This contagion of executive willfulness is not confined to the federal government or to Democrats. In Virginia, the Republican attorney general has just issued a ruling allowing police to ask about one's immigration status when stopped for some other reason (e.g., a traffic violation). Heretofore, police could inquire only upon arrest and imprisonment.
Whatever your views about the result, the process is suspect. If police latitude regarding the interrogation of possible illegal immigrants is to be expanded, that's an issue for the legislature, not the executive.
How did we get here? I blame Henry Paulson. (Such a versatile sentence.) The gold standard of executive overreach was achieved the day he summoned the heads of the country's nine largest banks and informed them that henceforth the federal government was their business partner. The banks were under no legal obligation to obey. But they know the capacity of the federal government, when crossed, to cause you trouble, endless trouble. They complied.
So did BP when the president summoned its top executives to the White House to demand a $20 billion federally administered escrow fund for damages. Existing law capped damages at $75 million. BP, like the banks, understood the power of the U.S. government. Twenty billion it was.
Again, you can be pleased with the result (I was) and still be troubled by how we got there. Everyone wants energy in the executive (as Alexander Hamilton called it). But not lawlessness. In the modern welfare state, government has the power to regulate your life. That's bad enough. But at least there is one restraint on this bloated power: the separation of powers. Such constraints on your life must first be approved by both houses of Congress.
That's called the consent of the governed. The constitutional order is meant to subject you to the will of the people's representatives, not to the whim of a chief executive or the imagination of a loophole-seeking bureaucrat.
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