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[t]he greatest challenge of free peo-

million food safety initiative, which

ples is to restrain abuses of govern-

among other things would pay for

mental power. The power of the

inspectors to ensure that tainted

American presidency is awesome.

foods from other countries do not

When uncontrolled and abused,

reach American consumers.

presidential power is a grave threat to

After that initiative, Clinton will

our way of life, to our fundamental

take executive actions later in the

freedoms.1

week that are intended to improve

health care and cut juvenile crime,

Those comments were made in the con-

according to a senior White House

official.3

text of President Clinton's impeachment on

articles unrelated to his usurpation of legisla-

tive powers; however, the underlying princi-

In that weekly radio address, Clinton gave

ple applies even more when legislative

"a warning to Congress" reminiscent of

usurpation is the issue. Yet Clinton has

FDR's First Inaugural Address (discussed

repeatedly used executive orders, proclama-

below):

tions, and other "presidential directives" to

Clinton has

exercise legislative powers the Constitution

Congress has a choice to make in

repeatedly used

vests in Congress or leaves with the states. As

writing this chapter of our history. It

noted by Sen. Orrin Hatch (R-Utah), chair-

can choose partisanship, or it can

executive orders,

man of the Senate Judiciary Committee,

choose progress. Congress must

proclamations,

"This President has a propensity to bypass

decide. . . . I have a continuing obli-

and other "presi-

Congress and the States and rule by executive

gation to act, to use the authority of

order; in other words, by fiat."2

the presidency, and the persuasive

dential directives"

power of the podium to advance

In addition, Clinton, far more than his

to exercise legisla-

America's interests at home and

predecessors, has trumpeted his use of presi-

abroad.4

dential directives to legislate and, thereby, to

tive powers the

circumvent or undercut congressional and

Constitution vests

state authority. As the Los Angeles Times

Consistent with that rhetoric, Clinton has

in Congress or

reported last year:

sought to advance "America's interests," as he

has seen them, not with the concurrence of

leaves with the

Frustrated by a GOP-controlled

Congress but often despite Congress, as a few

states.

Congress that lately has rebuffed

examples will show.

him on almost every front, President

Permanent Striker Replacement

Clinton plans a blitz of executive

orders during the next few weeks,

On March 8, 1995, Clinton issued

part of a White House strategy to

Executive Order 12954 in an effort to over-

make progress on Clinton's domestic

turn a 1938 U.S. Supreme Court decision

agenda with or without congression-

interpreting the National Labor Relations

al help.

Act (NLRA). The Court had held that an

His first unilateral strike will

employer enjoyed the right "to protect and

come today. According to a draft of

continue his business by supplying places left

Clinton's weekly radio address

vacant by strikers. And he is not bound to dis-

obtained by The Times, he plans to

charge those hired to fill the places of strik-

announce a new federal regulation

ers, upon the election of the latter to resume

requiring warning labels on contain-

their employment, in order to create places

for them."5 In 1990, 1991, 1992, and 1994,

ers of fruit and vegetable juices that

have not been pasteurized. Congress

Congress had considered and rejected legisla-

has not fully funded Clinton's $101-

tion that would have amended the NLRA to

3