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are full constitutional players--a coun-

authorization impracticable. The president

terbalance to the national government

waged war, plain and simple, without benefit

and a protector of the people.

of a congressional declaration of war.

In essence, this order authorizes

Clinton took action primarily under three

unelected bureaucrats to determine

executive orders. On June 9, 1998, he issued

the states' "needs" and set the federal

EO 13088, which declared a national emer-

government on a course of action to

gency, seized the U.S.-based assets of the gov-

meet them. It says the federal govern-

ernment of Yugoslavia, and prohibited trade

ment can swoop in with a remedy

with that country as well as with the con-

because some career civil servant

stituent republics of Serbia and Montenegro.

somewhere in the maze decides the

In March 1999, without prior congressional

federal bureaucracy can do it more

authority, Clinton deployed and engaged the

cheaply. Since when?27

U.S. Air Force to participate in NATO's

bombing of Yugoslavia. He then deployed

Facing an outcry over his federalism

U.S. troops in neighboring Macedonia and

order,28 Clinton suspended it, by EO 13095,

Albania, merely informing Congress of his

on the very day the House voted, 417 to 2, to

actions. On April 13, 1999, Clinton issued

withhold funds for its implementation.

EO 13119, designating Yugoslavia and

Months later, on August 5, 1999, EO 12612,

Albania as a war zone. On April 20, 1999,

EO 13083, and EO 13095 were all revoked by

Clinton issued EO 13120, ordering reserve

a new federalism order, EO 13132. Although

units to active duty. In addition, it is believed

concerns remain,2 9 the new order is a major

that there may have been other secret presi-

dential directives relating to the war that were

improvement over the first one. In EO 13132

issued as presidential decision directives.3 0

the nine broad "circumstances" purporting

to justify federal action are gone. The Tenth

Again, Clinton's actions were never

Amendment is back where it belongs, as the

expressly authorized by Congress. In fact, on

foundation of the order. And the doctrine of

April 28, 1999, Congress overwhelmingly

enumerated powers, implicit in that amend-

rejected a resolution to declare war against

ment, is prominent as a limit on federal

Yugoslavia and also rejected a concurrent res-

action. Whether the order serves to limit such

olution "authorizing" the continuation of

action remains to be seen, of course. At the

the air war. Clinton continued the war, never-

least, the states, speaking through their gov-

theless. On May 1 he announced that NATO

ernors, acted in this case as they were meant

would enforce a ban on trade with Yugo-

to act, as a check on federal power--a check,

slavia. On May 26 and June 2 he notified

The states, speak-

in particular, on executive power nowhere

Congress that he had sent additional troops

ing through their

authorized by the Constitution.

and aircraft to participate in the war. On June

governors, acted

5 he notified Congress that he had sent still

Clinton's War against Yugoslavia

more troops to the front. On June 10 NATO

in this case as

As a final example of rule through execu-

declared the war to be over. On June 12

they were meant

tive order, just this year President Clinton

Clinton informed Congress that he would

to act, as a check

waged war, through NATO, against the

deploy 7,000 U.S. troops to participate in the

Federal Republic of Yugoslavia. Much like

Kosovo Security Force (KFOR), where they

on federal power.

remain to this day.3 1

President Abraham Lincoln had done at the

outset of the Civil War (discussed below),

Thus, at this late date in Clinton's presi-

Clinton, acting alone, relied solely on his

dency, the tenor of his administration is clear.

power as commander in chief. In no serious

He continues the practice of presidents since

sense could his undertaking be characterized

the Progressive Era: ruling and legislating

as a defensive action compelled by imminent

through executive order. Perhaps no one put

circumstances that made congressional

his admiration for the raw power implicit in

7