Don’t Panic over NDRP Executive Order…………..Yet
There’s been a lot of talk over the last two days but the president signing an update to the
Maggie at Maggie's Notebook found this, it shows how dangerous Executive Orders can be in the wrong handse
“National Defense Resources Preparedness.” Executive Order, I’ve gotten some e-mails about it. There’s a tremendous amount of discussion on twitter about the order, it has people scared.
If any other president, besides Barack Obama had signed it it would be little cause for concern. The update itself seems to be routine and is nothing in it that is an immediate cause for concern. However if you take the executive of order and reflect on some of the other things that the administration has done, combined with some of the recent statements by Cabinet officials then the concern of the average person is completely understandable.
Last night, when I first started reading about it I did a little bit of digging and found there’s enough history that is said to hold off until someone with a legal background looked into it.
William A. Jacobson at Legal Insurrection as this to say:
We’ve received a number of e-mails and comments about an Executive Order signed by Obama on Friday, titled National Defenses Resources Preparedness, and what it means.
It appears that this Executive Order is an update of prior Executive Orders signed in 1988 and 1994 which elaborate similar powers in time of war or national emergency. The 1994 Order in particular was not limited to national emergency:
Read all of No martial law
Jacobson closes with a reminder that this administration has already broken the law and violated Constitution so many times we don’t need the look for trouble in places where it doesn’t exist.
Ed Morrissey over at Hot Air reached a similar conclusion:
National Defense Resources Preparedness” executive order: Power grab or mere update?
We’re getting a lot of e-mail this weekend about an executive order issued on Friday afternoon by President Obama titled “National Defense Resources Preparedness.” While the timing of the EO is curious — why send it out on a Friday afternoon when an administration is usually trying to sneak bad news past the media? — the general impact of it is negligible. This EO simply updates another EO (12919) that had been in place since June 1994, and amended several times since.
Read National Defense Resources Preparedness” executive order: Power grab or mere update?
Morrissey does a really good job of breaking out each section that had people concerned in explaining why they are essentially nothing more than updates to previous. Preparedness Executive Orders. and closes with this:
Again, this is nothing new or outside of existing statutory authority — and the EO makes that clear by explicitly citing that authority. All this does is delegate the authority for these actions to the Cabinet officials. This again is nothing new, just a delegation of existing authority.
I am relatively certain that Ed Morrissey has some fairly confident researchers and legal advisors available. Jacobson is a lawyer and I’m sure he did some research before reaching his conclusion in posting his opinion.
Gabriel Malor at Ace of Spades HQ reached the same conclusion as Morrisset and Jacobson concluding his post Executive Order: “National Defense Resources Preparedness” with:
So, nothing to get excited about here. And if you’re really het up about the Defense Production Act of 1950, you should call your congressman, not complain about fictitious Obama power grabs. AsProfessor Jacobson says and as I have documented in numerous posts here, there’s plenty of things to criticize Obama for, includingnumerous end runs around Congress. No need to waste energy criticizing him over unfounded fears that this executive order will nationalize everything or lead to government conscription.
Once again, I do not believe this ticket or Executive Order would’ve attracted any attention at all had it been signed by any president except Barack Obama. The problem is Obama goes out of his way to give people reason to be concerned about everything he does.
Last week statements by Leon Paneta and Eric Holder fly in the face Constitution. Obama’s assertion that he can dictate church policy is certainly unconstitutional. Secretary of Education Duncan’s attempts to nationalize our school system is a violation of the Department of Education’s charter and is clearly unconstitutional.
Just because this Executive order appears to be routine– there is more than enough reason for concern about this president, the way his Administration conducts business, it connection with know domestic communists terrorists to be careful..
You have to wonder why Congress isn’t thoroughly investigating this bunch, for openly violating their Oaths of Office and possibly a much more serious crime.
Just a few minutes ago, as I was finishing this and wonder about a picture to use with it– I got an email from Maggie at Maggie’s notebook– She’s a hell of a researcher and as always she did a great job of digging into this–and explaining what’s behind it. It was Maggie who found that old poster about confiscating gold.
Maggie’s article on this
Obama: Executive Order 3/16/12 – National Defense Resources Preparedness Executive Order – Some EO History
Concludes with these two lines–
I find one House Resolution to “Restore Separation of Powers” legislation, introduced in 1999 by Congressman Ron Paul. It went exactly nowhere.
In my opinion, to clean up illegal and abusive Executive Orders, we must first legislate that the Executive Office and the DOJ provide the constitutional or statute power behind the Executive Order.
Pay Maggie a visit to get a better idea of what’s going on and what the history behind this Executive Order — Maggie’s Notebook
Just because this Executive order appears to be routine– there is more than enough reason for concern
Old Grey and Very Grumpy- Just ask my grandson
A little on the conservative side politically
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