CLINTON'S ASSAULT ON THE CONSTITUTION

THE U.S. House of Representatives adjourns for its summer recess on Aug. 7.

Purely by coincidence, of course, one week later without fanfare, publicity
or the press releases and hoopla usually accompanying presidential
executive orders, President Clinton's assault of federalism and local
self-government becomes effective via Executive Order 13083. It repeals
President Reagan's new federalism EQ 12612 and authorizes massive intrusion
into state and local affairs by federal bureaucrats.

Clinton's order reverses many current central government policies about
federalism. It pays only lip service to the framework set out in the
Constitution, which is premised on a system of checks and balances and a
division of power between Washington and the rest of the country: "The
powers not delegated to the United States by the Constitution, nor
prohibited by it to the States, are reserved to the States respectively or
to the people."

American federalism not only preserves individual liberty, but by
guaranteeing state authority, it provides an essential balance to the
enormous appetite for power and more power by Washington. Clinton's order
instructs federal bureaucrats to meddle whenever they think they have more
"expertise" and resources to regulate matters than the states or when they
decides. "States would be reluctant to impose necessary regulations." All
hall the mighty brain power that resides only inside the beltway.

Section 3 of EQ 13803 sets out what the White House believes justifies
federal usurpation of state and local affairs ("Federalism Policy-making
Criteria"). It would be difficult to write more ambiguous, vacuous criteria
destructive of federalism:

* "When decentralization increases the costs of government."

* "When States would be reluctant to impose necessary regulations because
of fears that regulated business activity will relocate to other states."

* "When placing regulatory authority at the State or local level would
undermine regulatory goals because of high costs; or demands for
specialized knowledge or expertise will effectively place the regulatory
matter beyond the resources of State authorities."

- - "When the matter relates to Federally owned or managed property or
natural resources, trust obligations or international obligations."

And who decides when states are too dumb to act properly? Federal
bureaucrats. And who decides when decentralization, which is the strength
of federalism, is too costly? Federal bureaucrats. And who decides when he
has more expertise than those incompetent state or local officials? Federal
bureaucrats. And who decides when a federal agency "may limit the
policy-making discretion of the state and local governments"? Federal
bureaucrats.

Clinton's executive order is a gross distortion of the language of the
founding fathers. Nowhere in either the Constitution or the Bill of Rights
is there any language that would even remotely justify replacement of
lawful state and local regulatory policies by unelected federal employees.

EQ 13083 has no provision for congressional oversight or authorization.
If, for sound public policy reasons particular to a state it "would be
reluctant to impose necessary regulations," the EQ gives a bureaucrat
overlord, not Congress, the power to impose his view of what is
"necessary," thus over-turning the decisions of state and local officials
in both the legislative and executive branches of their governments.

Scholars of constitutional government and the rule of law are dumbfounded
by President Clinton's order. Congress should reject this treading on the
Constitution. They should make it clear that the executive order is a
serious affront to the federalist framework established in the Constitution.

President Clinton's version of federalism makes individuals and their duly
elected state and local officials more subservient to 2 million anonymous
federal bureaucrats. The Founding Fathers' version, in contrast, limits the
power of the central government over the lives and liberties of the people
and state and local governments.

Clinton's order establishes guidelines that undermine the foundations of
federalism and local self-government by legitimizing unnecessary and
possibly unconstitutional national regulatory powers and actions without
the benefit of authorizing congressional legislation. It grants enormous
power to the central government by executive order because Congress would
never approve such sweeping federal authority.

Executive Order 13083 creates loopholes in present laws, policies and
programs through which the executive branch can march an army of federal
regulators trampling on the rights and responsibilities of states, local
government and the people.