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Government by regulation, not legislation

Published June 11. 2011 09:01AM

Our founding fathers were distrustful of government bureaucracies. They placed checks and balances in the Constitution to ensure the separation of powers between the Executive Branch, the Judicial Branch, and Congress. This careful balance of power protected us from tyrannical power grabs for the last 235 years.

In the last presidential election, we elected a President who is intent on destroying this balance of power. When he cannot get his way in Congress, he uses government regulators to create rules that implement his agenda. He has consistently bypassed the controls built into our government to flaunt his authority over those who oppose him.

My first example is the lack of a government budget. The budget for fiscal 2011 has not been approved. Our government is running on a series of continuing resolutions that enable the administration to fund operations and some pet projects without submitting them to Congress for approval. Congress gives them a bucket of money and the administration spends it almost as fast as they get it.

When the debt ceiling of $14.3 trillion was exceeded, the government continued to spend money that they did not have. Using accounting tricks and borrowing from government employees pension funds Secretary Geithner provided the administration with all the monies they needed and the promise of more despite the official spending limitations. I thought that a debt ceiling was a limitation on spending. It seems that Geithner believes in fantasy limits that can be arbitrarily increased with a wave of his magic wand.

Only Congress has the power to authorize the use of government funds, at least that is what the Constitution states. By bypassing Congress, the administration has eliminated one of the most important restraints on executive power.

With no vote on the debt limit scheduled in the near future, it is possible that the administration will try to initiate an increase in the debt ceiling when the Congress recesses. While the likelihood of this occurring is low, I am concerned that the President will try to set a new precedent on government borrowing. Without Congress as a watchdog, the Executive Branch can spend willy-nilly on just about anything they want!

I'm also concerned about the "rule by regulators." When the Cap and Trade legislation failed to pass, the EPA introduced greenhouse gas regulations that effectively implemented Cap and Trade by controlling carbon dioxide (CO2) emissions. This affected many businesses and resulted in a job exodus to countries with relaxed energy regulation.

Unless all countries agree to Cap and Trade, implementing them in the United States only hurts the American worker. Citizens of other countries can expect to be fully employed producing products that cannot be manufactured here because of restrictions on CO2 emissions.

The National Labor Relations Board (NLRB) has unilaterally decided that they can regulate where a company chooses to open a new factory here in the United States. Boeing built a new production facility in North Charleston, South Carolina but the NLRB is suing Boeing to stop them from opening this plant. The International Association of Machinists and Aerospace Workers Union and the NLRB contend that opening this plant will create a nonunion environment threatening union jobs in Washington State and other locations.

This is a free country. Companies are free to build plants and factories anywhere in this great nation provided they conform to local laws. Boeing did this. They invested over $1 billion in a new plant and now they are being harassed by a government agency because there is no legal basis to stop Boeing from opening this factory.

This type of government persecution is unconstitutional and can only result in more factories moving overseas, fewer jobs for Americans and more citizens on the government dole. I suspect that this is the real intention of the Obama administration.

Healthcare waivers cannot be found in the Patient Protection and Affordable Care Act otherwise known as Obama Care. The Department of Health and Human Services granted itself the ability to waive provisions of the act without congressional approval. This ensures that the friends of Obama (FOB's)can apply for and be granted exemptions from this burdensome law.

This type of regulatory intervention results in two versions of the law. One is for We, The Lowly People and the other are for those who the administration favors, the "royalty" in the Court Of President (King) Obama!

The administration has also failed to limit our second amendment rights concerning gun ownership. As a result, the administration is actively supporting the United Nations Small Arms Treaty. If this treaty is passed by the United Nations and ratified by the Senate, then our right to bear arms will be revoked.

This treaty bans the sale, trade, and private ownership of semiautomatic weapons. It also requires an onerous licensing bureaucracy which will be difficult for most citizens to navigate. Any guns that are not authorized by the law can be confiscated and destroyed by the government. If our Congress can't pass this law, then the administration goes to the United Nations effectively bypassing the House of Representatives.

The President is in violation of the War Powers Resolution of 1973. This act requires the President to terminate hostilities within 60 days unless Congress approves the military action. Rather than submit the Libyan action to Congress, our President is looking at ways to get around the legal requirement. Clearly he wants to flaunt rather than obey the law. (

Today, he is going after Libya without approval. Tomorrow it could be Israel, Venezuela, or Egypt. Remember, he has the power to unleash nuclear war at the press of a button. If he can't be trusted to follow the law, can he be trusted to decide when to attack another nation and what weapons to use?

In past articles, I wrote that our government does not want us to use our own petroleum resources. A failure to drill here and drill now increases the price of gasoline and heating oil while padding the pockets of foreign dictators and potentates. Real unemployment will not decrease significantly until the price of oil goes back to the $70 a barrel level.

The failure to drill here, drill now is artificially inflating the price of oil while placing a serious financial burden on our citizens. By refusing to bring our own petroleum resources to market, the President is dooming many Americans to financial hardship. Meanwhile our economy cannot recover as long as countries that openly hate America and all things American control the price of oil.

These are just a few examples of the administration destroying the delicate system of checks and balances that have kept our citizens free for 235 years. I am very concerned that over the next 17 months, the administration will continue to erode the power of Congress.

If this administration is given another term, our country will be fundamentally changed. Many of these changes will be permanent as future presidents use the precedent set by President Obama, the modern day Robin Hood and his merry band of thieves. Together, they are plundering the wealth of this nation!

In closing, I invite you to support our troops. Delta Airlines charged members of our Armed Forces for excess baggage, including their weapons. All of this baggage was authorized by their travel orders. Delta ruthlessly extracted money from our returning soldiers, some of whom did not have the money to pay the excessive charges. Their Lieutenant Colonel paid for their baggage out of his personal pocket. Delta Airlines deserves to be chastised for this.

They will no longer get my business if they continue to victimize our battle weary troops as they return to their families. If you would like the full story please follow the link below.

© 2011 Gordon Smith - All rights Reserved

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