<<  <  >  >>

28. See, for example, Fred Thompson, "Big-

July 15, 1997, p. 21, http:// commdocs.house.gov/

Government Power Grab," Washington Post, August

committees/resources/hii42836.000/ hii42836_0f.htm.

7, 1998, p. A25.

18. Ibid., pp. 100­101, response of Kathleen

29. See, for example, Sen. Fred Thompson,

McGinty.

"Thompson Reacts to Administration's New

19. "No Money shall be drawn from the Treasury,

Federalism Order: Calls on White House to

but in Consequence of Appropriations made by

Support Federalism Legislation." Press release,

Law."

August 5, 1999. Among other things, Senator

Thompson notes that the new order requires

20. AHRI Hearings, p. 3.

agencies issuing new regulations to conduct

"Federalism Summary Impact Statements" only

21. Ibid., p. 64

when the regulations are "not required by

statute." "But most of the important rules that

22. House Committee on Resources, Terminate

concern state and local government--and every-

Further Development and Implementation of the

one else--are required by statute," Thompson

American Heritage Rivers Initiative, 105th Cong., 2d

points out, which means that that requirement in

sess., October 6, 1998, H. Rept. 105­781, pp. 2­3.

the order will come to almost nothing.

23. Raines v. Byrd, 521 U.S. 811 (1997).

30. To deal with issues of national security and

foreign policy, presidents issue classified executive

24. EO 12612, sec. 2(i).

orders. Clinton's are known as presidential deci-

25. Ibid., sec. 3(b)(2).

sion directives (PDDs). The public learns about

such orders, for the most part, only from veiled

26. EO 13083, sec. 3(d).

references during White House press briefings,

the release of sanitized summaries, and, occasion-

(1) When the matter to be addressed

ally, the disclosure by the National Security

by Federal action occurs interstate as

Council of incomprehensible redacted versions in

opposed to being contained in one

response to Freedom of Information Act requests.

State's boundaries; (2) When the source

Members of Congress have complained that they

of the matter to be addressed occurs in a

too are denied access to classified PDDs. One

State different from the State (or States)

PDD (no. 8, June 10, 1993), relating to the declas-

where a significant amount of the harm

sification of POW/MIA records, was never classi-

occurs; (3) When there is a need for uni-

fied, apparently, and has been publicly released.

form national standards; (4) When

Portions of a PDD on counterterrorism (PDD,

decentralization increases the costs of

no. 39, June 21, 1995) were voluntarily disclosed

government thus imposing additional

in response to a Freedom of Information Act

burdens on the taxpayer; (5) When

request. Another classified PDD (no. 17,

States have not adequately protected

December 11, 1993) was, to the consternation of

individual rights and liberties; (6) When

the Clinton administration, published in a recent

States would be reluctant to impose nec-

book (Bill Gertz, Betrayal, Regnery, 1999). The

essary regulations because of fears that

best available source of information on PDDs is

regulated business activity will relocate

the Web site of the Federation of American

to other States; (7) When placing regula-

Scientists, http://www.fas.org.

tory authority at the State or local level

would undermine regulatory goals

31. See, generally, Cliff Kincaid, "How Clinton

because high costs or demands for spe-

Waged  War  through  Executive  Order,"

cialized expertise will effectively place the

http://www.usasurvival.org.

regulatory matter beyond the resources

of State authorities; (8) When the matter

32. James Bennet, "True to Form, Clinton Shifts

relates to federally-owned or managed

Energies Back to U.S. Focus," New York Times, July

property or natural resources, trust

5, 1998, sec. 1, p. 10. A complete list, to date, of

obligations, or international obligations;

Clinton's 304 executive orders can be found in

and (9) When the matter to be regulated

Appendix 1 of the electronic version of this study,

significantly or uniquely affects Indian

which is posted at the Cato Institute Web site,

tribal governments.

www.cato.org.

27. Mike Leavitt, Statement at Hearing before the

33. Executive orders and proclamations are the

House Subcommittee on National Economic

best known of the 24 types of presidential direc-

Growth, Natural Resources and Regulatory

tive: administrative orders, certificates, designa-

Affairs, 105th Cong., 2d sess., July 28, 1998.

tions of officials, executive orders, general licens-

23