Tag: Executive Orders

The Proper and Improper Role of Government: Chapter 4 – Tax Freedom Day – Do you know why this is important?

Working DollarIn 2019, Tax Freedom Day was 16 April 2019.  For those not in the loop, Tax Freedom Day is the day all Federal, State, County, and Local taxes are paid from your paycheck.  This date gets further into the new year every year, and with the amount of inflation seen since 16 April 2019, you can bet that Tax Freedom Day will shortly be in the middle of May or July.

What is Paper Money?

Dr. Clarence Carson wrote an article about paper money and the US Constitution, quoted heavily below.  Paper Money, “… Paper that was intended to circulate as money but was not redeemable in gold and silver was technically described as bills of credit at the time of the Continental Congress and writing of the US Constitution and US Bill of Rights. The description was (and is) apt. Such Paper is a device for expanding the credit of the issuer.”  The credit of the issuer is improved, not the benefit of those forced to use the Paper as credit.  Hence, the US Government, to improve its credit, began printing money, and the problems in American Economics took off like a rocket sled on greased rails!Plato 2

Paper Money only has value when the person holding that Paper has confidence in the government printing that money.  In every nation across the globe, the only thing keeping value in the paper currency is confidence in the government by citizens paying taxes.  Hence, the problems with depressions, the confidence in value are shaken, and the holders of Paper Money become restless and lack confidence that their money is valuable.  Bills of credit, Paper Money conveying the value of debt have been around for a long time, as discussed in a previous article on money.  Why did the USSR fall; the currency had been worthless for years, and when the citizens had finally had enough, the government fell apart.  A fitting tribute and pattern to be heeded from history if we, the government owners, cannot get the government to cease and desist forthwith!

Government and Paper Money

The US Constitution, as originally written, forbids the US Government from printing paper money why; because of how fast the government abuses this power, creating inflation.  The Continental Congress was well aware of government abuses with Paper Money, thus restricting the Federal Government to coinage and tying the value to the gold standard.  Inflation is nothing more than a hidden tax, where the government controls how much value your money is worth.  Every person using US Dollars to make a purchase pays this tax.  Thus, by the time a consumable product has been paid for in a store, that tax, inflation, has been paid multiple times, and the consumer is always worse for every point of inflation the government allows.

IronyDid you know that the Federal Government allows 2% inflation every year as a “target?”  Consider this for a moment; the government wants your money and calls this tax a “good thing” for the economy.  Thus, your prices for everything increase 2% or $.02 every year because the government wants it to.  The 2% devaluation of your money is part of the Federal Reserves’ “Dual-Mandate” to achieve 100% employment and price stability.  Do you see any logic in making money less valuable as a means to improve employment and stabilize prices?  I don’t!  Now, consider this, inflation has hit a this year (2021) and has not stopped climbing.  Worse, inflation is expected to continue to grow as the government prints more Paper Money, which will eventually end in a depression preceded by massive deflation of the value of the US Dollar.  Keep in mind; inflation has become a global problem, as the majority of governments spent money they did not have during the pandemic.  Imagine lemmings racing for a fiscal cliff.

Lemmings 5Josiah Quincy wrote George Washington “that there never was a paper pound, a paper dollar, or a paper promise of any kind, that ever yet obtained a general currency but by force or fraud, generally by both.”   Yet, Congress still refuses to learn the lessons taught during the Continental Currency.  Debts, runaway inflation, legal enforcement to demand paper money be accepted, all of these lessons were experienced by the Founding Fathers, with Rhode Island being the Continental equivalent of California for bad fiscal policy and idiotic fiscal enforcement.Tax Scheme 2

The founding fathers met during an economic period of deflation, which quickly became a severe depression caused by states issuing paper money that was useless.  The founders “hoped to erect a system that would endure, and to do that, they wished to guard against the kind of fiscal adventures that produced both unpleasant economic consequences and political turmoil. Paper Money was reckoned to be one of these.”  Paper Money, without the backing of silver and gold, has led to speculation, inflation, deflation, cycles of economic depression, and Congress essentially stole the right to print paper money and borrow from the citizens unconstitutionally!  This cannot be stressed enough; there is a direct causal relationship between Congressional action, Executive Orders, and the economic problems America is suffering, including the bondage of debts insurmountable and the abuse of tax schemes!  All of which were powers strictly limited in the US Constitution because the founders knew the government would abuse the power of Paper Money!Bait & Switch 2

History shows that when paper money was discussed, the states overwhelming voted to remove the power to print money from the US Government, seeing this as the best method for long-term economic success in America.  “The vote was overwhelmingly in favor of removing the authority of the United States to emit bills of credit. The delegates voted by state, and 9 states voted in favor of the motion while only 2 opposed it. (New York delegates were not in attendance, and Rhode Island, of course, sent none.) It is a reasonable inference from the discussion that the delegates believed that by voting to strike out the words, (from the Articles of Confederation, which made up the bulk of the US Constitution), they had removed the power from the government to emit bills of credit.”  It is important to note that allowing states to issue bills of credit, print their own money, or stamp coinage was also forbidden.  To avoid the economic crisis, the founding fathers were in the middle of when framing the US Constitution and the US Bill of Rights from the Articles of Confederation.  How many problems, and how much lower would your taxes be if the Federal and State governments had simply followed the law instead of stealing rights and powers from the governed?

Facts About Tax Freedom Day

IRSPlease note, the federal deficit, state deficits, pension crisis, student loan debt crisis, and interest are not included in the numbers quoted below.  The following information comes directly from the Tax Foundation (linked above):

      • Tax Freedom Day is a significant date for taxpayers and lawmakers because it represents how long Americans as a whole have to work to pay the nation’s tax burden.
      • This year, Tax Freedom Day falls on 16 April or 105 days into the year.
      • In 2019, Americans will pay $3.4 trillion in federal taxes and $1.8 trillion in state and local taxes for a total bill of over $5.2 trillion, or 29 percent of the nation’s income.
      • Americans will collectively spend more on taxes in 2019 than they will on food, clothing, and housing combined.
      • If you include annual federal borrowing, representing future taxes owed (interest on the debt), Tax Freedom Day would occur 22 days later, 8 May.
      • Tax Freedom Day in 2018 and 2019 was five days earlier than it was in 2017, primarily due to the recent federal tax law, the Tax Cuts, and Jobs Act.
      • From 1930 to at least 1995, Tax Freedom Day has taken 1.27 days longer per year to reach. – I do not have an updated reference for this information since 1995.
      • In 2019, on average, it took:
            • 42 days to pay the income taxes
            • 26 days to pay payroll taxes
            • 15 days to pay sales and excise taxes, not including surcharges and government fees for services
            • 11 days for property taxes – states control this, some municipalities, it took a lot longer
            • 5 days for Corporate Income Taxes
            • 6 Days for other taxes that always get passed along to the consumer.

Tax BurdenI have read economic reports from noted minds in economics that claim had the dollar not been loosed from the ties to the gold standard, America could not have produced the tools needed to win WWII.  To which I continue to claim, as Colonel Potter from M*A*S*H so aptly stated, “HORSE HOCKEY! and BULL COOKIES!”  Having Congress issuing massive letters of credit, borrowing tremendous sums of money, and the economic fallout remains a millstone about the financial neck of this country.  How much longer will Americans pay for debts created during WWII?  What about the ever-increasing debt burden and interest that is driving prices and taxes ever upwards?

Knowledge Check!The US Government has acted improperly since establishing the Department of the Treasury and the Internal Revenue Service.  Not just improperly but illegally under the US Constitution as drafted.  Illegally, immorally, and unethically towards the founders, and distorted the intent of the US Constitution to protect America from runaway government debt and inflation/deflation/depression cycles common when issuing Paper Money.  This is the utter truth, and until this problem is rectified, removing paper money is the right thing to do, even if it means some financial hardship!  America can survive financial difficulty; we cannot survive the bondage of runaway debt, interest that sucks all the GDP, and the socialism projects being paid for by tax dollars to buy votes from envious people looking for “equality and fairness.”

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.

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The Proper and Improper Role of Government – Part 1

Several years ago, I tripped across a paperback book and felt to read the book.  It was written by Ezra Taft Benson, who was the 15th US Secretary of Agriculture, whom I respected for his keen mind; I felt compelled to read his book.  Mr. Benson, writing about the proper role of government, providing a running commentary about the founding of the United States of America, is worthy of study by every student as a part of social studies.  Before reading this book, I had not thought about the role of government, proper or improper. However, after reading this book, I came to understand why America is in such trouble and how the government is the perpetrator of the crimes against the citizen of America.

If they were missed, I have written articles about the US Constitution, the US Bill of Rights, the role of the “Rule of Law,” and other founding documents.  All these and more are essential or fundamental principles of understanding for discussing the government’s proper and improper role.  Please note, when talking about the proper and improper role of the government, I am not explicitly discussing The United States of America; but all non-Communist governments and many of the principles should be applied to communist governments to improve the situation for the citizens.

Private Property Produces Liberty and Freedom

Unfortunately, to fully appreciate all Mr. Benson is discussing, one must first understand the role of private property.  Charles Reich, an American legal and social scholar and an author while also a Professor at Yale Law School, wrote a paper every American citizen needs to read and be concerned over.  With the US Government changing the definition of private property and selecting winners and losers for government investment, the US Government radically changed and fundamentally destroyed the basic fabric of American law!  “Property is not a natural right but a deliberate construction by society. Like the Bill of Rights, property represents general, long-range protection of individual and private interests, created by the majority for the ultimate good of all” (Reich, 1964, p. 771-772)

Starting in the 1930s, during the “Great Depression,” changes were made to America’s methods of governance by the President, a willing media, including sycophants in the Senate and House, continuing a trend that began under President Woodrow Wilson (D).  Thus, establishing the Federal and State Government’s ability to rule by largess, picking winners and losers based upon obeisance to a bureaucrat’s whims, wishes, and will.  Reich lays out this history, walks the reader through the laws, and makes the case that because of democratic rule, America’s Republic has been reduced to a feudal system where the government decides who gets the largess and who does not.  With the Federal and State Governments making these decisions, businesses do not compete fairly upon their own merits but upon how much taxpayer money they can bamboozle from Uncle Sam.  Unfortunately, the entire system hinges upon reducing private property ownership and the freedoms private property allows feeding the ever-hungry beast of Government consumption.

The United States of America and every representative government can only provide freedom to their citizens if that country allows ownership of private property.  From private property principles comes every freedom and liberty enjoyed, as even the government must bow to the will of the people owning private property. So how did the government hijack your personal liberties and freedoms; well, there are a couple of wrongheaded Supreme Court cases, several Federal Court Cases, a complicit Congress with supermajorities, and a couple of presidents who were forward-looking and planning on stealing for personal gain.  The judicial interpretations opened judicial activism, released judicial restraint, and Congress stepped into the vacuum to protect itself from the people’s will.

One of the scariest ways personal freedoms have been stolen has been through owning a home but not owning the property under that home.  Homeowner’s Associations and the United Nations Agenda 21 actions have stripped personal property and made the homeowner pay ever-increasing homeowners association fees for the privilege of losing liberty and freedom.  All these actions, and many more, originated in the government actions under President Woodrow Wilson and were compounded by President Franklin D. Roosevelt.  Many will try and claim WWI and the Great Depression, and WWII triggered taking “bold action” through the legislative process.  What they mean was the Legislative Branch kowtowed to the Executive Branch, while the Judicial Branch twiddled their collective thumbs and began to legislate from the bench.  Never forget, the two presidents with the most executive orders are Wilson and Roosevelt, and this was even with a complicit media and friendly legislative branch.

Reich (1964, p. 773) implicitly details that the power to change the culture and definitions of private property and liberty started with judicial activism that led to government intrusion.  “During the first half of the twentieth century, the reformers enacted into law their conviction that private power was a chief enemy of society and individual liberty. Property was subjected to “reasonable” [emphasis in original] limitations in the interests of society. The regulatory agencies, federal and state, were born of the reform. In sustaining these major inroads on private property, the Supreme Court rejected the older idea that property and liberty were one and wrote a series of classic opinions upholding the power of the people to regulate and limit private rights.”  Continuing, Reich (1964) detailed relevance and the conflict of having government contractors and bureaucrats inventing the rules to provide services or grant largess.  Concluding that “many agencies take action which is penal in all but name,” and how these penal actions are punishing the citizen through adjudication without a judge, jury, or trial.

To review, the US Government stole private property, abused the US Constitution and US Bill of Rights, and fundamentally changed America.  Private property is the source of freedom and liberty in a representative government.  By choosing to limit private property, many have never been able to possess the most basic of human rights and liberties.  Worse, the deck has been stacked to keep the average citizen from owning private property.  When the US Government used statehood to strip constitutional authority from the states to own their own land, America started a decline where private property produced liberty and freedoms.  These are crucial steps in the journey to understanding the proper and delineating the improper role of government.

Finally, Reich brings us to the summum bonum of the problem where the government, Federal and State, have been leading the citizen, the “Welfare State” as a “Right.”  Consider, “It is time to recognize that “the public interest” [emphasis in original] is all too often a reassuring platitude that covers up sharp clashes of conflicting values and hides fundamental choices. It is time to see that the “privilege” or “gratuity” concept, as applied to wealth dispensed by government, is not much different from the absolute right of ownership that private capital once invoked to justify arbitrary power over employees and the public”  (Reich, 1964, p. 787).  Who is smart enough to “know” “the public interest?”  Honestly, which political party, politician, business leader, or influencer would you select, always to know the “public interest” and work for the “common good?”

Without private property, the citizen will not find a secure place to consider how to vote and who to vote for properly. This has been designed into government to facilitate single-party rule.  I agree with Reich (1964, p. 787), “Above all, the time has come for us to remember what the framers of the Constitution knew so well-that “a power over a man’s subsistence amounts to a power over his will.” We cannot safely entrust our livelihoods and our rights to the discretion of authorities, examiners, boards of control, character committees, regents, or license commissioners. We cannot permit any official or agency to pretend to sole knowledge of the public good.”  Hence, before we can understand the government’s proper and improper roles, we must have liberty derived from private property!

References

Benson, E. T. (1995). The proper role of government: The Improper Role of Government. H. V. Andersen (Ed.). Heber City, UT: Archive Publishers.

Charles A. Reich, The New Property, 73 Yale L.J. (1964). Available at: https://digitalcommons.law.yale.edu/ylj/vol73/iss5/1

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.

NO MORE BS: Highlights (?) of the first 100-Days

Theres moreOn this momentous day, marking 100-days of the fraudulent president, I thought it fitting to mark the occasion by reminding everyone of freedom grabbing runaway government promoted by President Biden.  As CNN so clearly stated, “To date, 10 of President Biden’s actions on immigration have been reversals of President Trump’s policies.”  Begging the question, do you feel safer in your home now, or this time four years ago?  I know my answer, and I am looking forward to your thoughts.

To date, President Biden has made 50-end runs around the US Constitutional process through executive orders.  For the record, you could take President Trump (38) or Obama (34), add them with President Bush II (13), and still not max out President Biden’s lead.  I have written about executive orders and why I detest this singular action made in a free Republic (if we can keep it) by any leading elected official, Mayor, Governor, or President.  The US Constitution does not need more beatings coming from leading executives, but less.  Much, much, less executive actions, executive orders, and singular people acting “for the good of all” without Congressional representation.  Why use CNN; because as the biggest cheerleaders for the fraudulent president, they have the clearest cheering squad.

Detective 2Examining closer the 50-executive orders issued by President Biden, we find the most egregious of these orders, raising the minimum wage of Federal Contract Workers from $10.95 to $15.00 by 2022 and eliminating the tipped minimum wage by 2024.  I am thoroughly unfamiliar with any federally contracted jobs that fall under the tipped minimum wage.  Thus, I can only presume the president is now arbitrarily setting the minimum wage for the country without congressional approval—leaving serious questions behind about the legality of this executive order.  Where is Congress in exerting its power and rights to set minimum wage?

A minimum wage is a serious issue; any time the wage goes up, jobs are lost.  A competent first-year economics major can trace that cause and effect line easily!  There are direct causal relationships between high school kids needing employment and not finding it due to the minimum wage laws.  This group of uneducated workers extends to many low-income families, minorities, and many others trying to find work as laborers and cannot find jobs.  Yet, as a political stunt, the president signs an executive order, betrays the US Constitution, upsets the separate but equal branches of government balance, and somehow this is a “nothing burger.”  I beg to differ, vociferously!

Detective 4Another interesting aspect of the president’s first 100-days is immigration.  The current president’s Trump Derangement Syndrome has him reversing 10 of President Trumps Executive Orders and writing two additional immigration-related orders.  The plasticization of modular language reveals the tyranny of ruling by executive order!  The terms “fair,” “equitable,” “just,” “proper,” etc., all point to the president’s desire to see America devalued by illegal immigrants.  Look at the rhetoric used by the president to “explain” why he has reversed, revoked, and wrecked the legal immigration process, and you will find that through Congressional inaction.  With Congresses’ refusal to exert its rights, the president can do anything he wants on immigration, and Congress’s leadership just cheers!

To the US House and US Senate, I must ask, where are you?  Did you take a taxpayer-paid vacation and stopped caring that you are a co-equal branch of the government?  Do you think the judicial branch will stop the president’s runaway government by executive fiat?  Do you believe that the American people stopped caring that the president is giving away America, one illegal alien at a time, and we would not notice?  Why are you not scrutinizing the executive branch and exerting your rights, standing up for your voice, and making sure you are playing a role in the governance of America?

PatriotismI have been insulted, denigrated, derided, and many other things for my stand that every president should have a contentious Congress!  I firmly believe that when a president has a contentious Congress, the will of America’s people is better respected, observed, and through the process of working together, real compromise occurs.  But, what do we see in the US House of Representatives; we see a Speaker who is also the majority leader and the minority leader abdicating their duties to their caucuses and the US House of Representatives.  We see members of the US House race-baiting, employing every card in the deck of identity politics deck and refusing even to acknowledge the other party.  But, the US Senate, if anything is worse, and the US Senate’s problems can be traced directly to the executive actions of Speaker Harry Reid (D) during President Obama’s tenure.

Millstone of Designed IncompetenceAmerica, we learned a lot about the “families” presenting themselves at the US Southern Border for entry into America.  We learned about child prostitution, children being “attached” to two strange adults and calling it a “family.”  We learned about a lot of schemes to feed the growing human trafficking problem in the United States.  Yet, the media continues to call the separation of “families” unfair, and the president has proved he learned nothing but smoke and mirrors.  At the same time, these children are raped, abused, disappeared, and destroyed, all through executive order instead of legislated demand!  Legitimate families should be kept together, but until documentation can be obtained, separating the families for the safety of the children should be paramount!  Sorting through the MS-13 plants is not uncaring; it protects America’s main streets from terrorists!  But, these immigration policies, designed by President Trump, are hated by the media; so, these policies have to go.  Thus, I ask again, do you feel safer in your home or not?

The Duty of AmericansI was never a President Trump (R) supporter; but, I did, and do, support anyone willing to try new ideas to make America safer.  I am not a supporter of holding children indefinitely in nice hotels when veterans are homeless and fully support an America FIRST agenda.  But, I also firmly believe that the churches and non-profit groups of America can organize to help in a humane way better than runaway government supported by executive fiat!

ApathyAmerica, we need legislation on immigration, NOT executive orders that change as frequently as the president!  I have maintained this stance, publicly, since President Reagan signed the first orders providing paths to citizenship for illegals.  The illegal immigration policies in America can be directly traced to President Roosevelt and WWII executive orders allowing foreign workers access to America’s jobs in agriculture.

Feel free to look this historical tidbit up, and ask yourself, are you safer in your homes and places of business with executive orders or legislation?  Are you feeling more secure in your finances with runaway executive actions or through the “Rule of Law?”  Do you prosper more under one “Rule of Law” or under identity politics where every single identity can request special treatment, special laws, and special rights?

Image - Eagle & FlagIf the fraudulent president has proved anything in his first 100-days, he has proved America is in trouble, DEEP Trouble, due to the executive orders, runs around the constitutional process, and the abdication of Congressional rule (legislative branch) at all levels of government.  Beyond a shadow of a doubt, this president has proved that bigger government is a millstone dragging this Republic down.  Finally, this president has proven you cannot “trust” the government and must watch it like a toddler running with a knife!  So, CNN, and all the other corporate media outlets, you cheer the fraudulent president; but don’t you dare try to claim this is a good thing for America!

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.

NO MORE BS: Climate Change is GOVERNMENT CONTROL!

Angry Grizzly BearTo some of you, I am preaching to the choir; but sometimes the choir sings better when they have more knowledge.  Please help sing louder.  To others, what I am about to say is so far out of your current understanding that your brains might hurt; I am sorry.  You will never understand snowflakes and trolls, but I am willing to take that chance!

According to the Wall Street Journal, the fraudulent president, President Biden, is taking the same plan President Obama used to restrict America to a Climate Change job-killing pogrom!

“Mr. Biden is essentially doing an end-run around the Constitution, which requires approval by two-thirds of the Senate for the President to enter a treaty. The emissions reductions that foreign leaders pledged on Thursday aren’t legally binding, but Mr. Biden intends to use regulation to bind Americans.”

This single statement should scare every American, whether you believe in Climate Change Hype or not.  President Obama and now President Biden refuse to act within the law where climate change is concerned.  This means there are nefarious problems, greedy hands, and legal issues the sitting president is trying to keep hidden from American citizens.  Unfortunately, this is just the beginning of the Climate Change Pogrom Plans that have been made public.Problems

What is a Pogrom?

A pogrom is a violent massacre or destruction by a government entity against its own citizens.  Nazi Germany changed the law, then massacred legally their Jewish, Catholics, Handicaps, mentally handicapped, and other aspects of undesirable citizens.  Stalin and Mao have used pogroms to murder, execute, and destroy their own people, neighbors, and many others.

Why is Climate Change a Pogrom?

From the Wall Street Journal, “Businesses will be conscripted as foot soldiers in the progressive war on fossil fuels.  America’s founders believed that the Constitution’s separation of powers would safeguard individual liberty, but this assumes Congress guards its power” [emphasis mine].  The separation of powers was supposed to stop this madness.  As President Obama demonstrated, there are loads of chicaneries the legislative branch can get away with, and Congress and the Judicial Branch refuse to exert their powers.

Millstone of Designed IncompetenceNow, let’s talk about the 10-year plan, a $2.3 Trillion plan that is a “more-than-infrastructure proposal” but is nothing but the Green New Deal in disguise.  So far, the best record for the details that have been released comes from DailyMail.com.  We need to be clear, not all the details have been released, but those released details should scare every person in America into action against this power seizure!

  1. Biden vowed that America would be “on a path of a zero-emissions economy by no later than 2050.”
      • Where is the US Congress in agreeing to this plan?
      • Where is the complete plan laid out for the American People to review and approve?
      • America is a Republic (if we can keep it), and I do not see anything that reveals this information, neither does DailyMail.com.
  2. From experts, to reach a zero-emissions economy, the following will have to occur within the next 10-years:
      • All meat consumption, especially red meat, will have to drop to less than 4 pounds a month per American, or roughly 90% of today’s consumption rates for red meat and a 50% cut in all animal consumption. Essentially, America would be on a 0.18 ounce of meat per day for protein.
      • Every single American will have to buy an electric car, currently a $55K investment.
      • Electric heat, solar panels, windmills, and more would have to be drastically increased, increasing the cost of electricity to roughly $5700 a month for heating and cooling your home.
      • The costs of the plan, to start, begin at $2.3 Trillion. If ObamaCare is any indicator at how fast cost estimates by the government are surpassed, a closer cost estimate is around $500 Trillion!  Don’t forget the farrago that was the ObamaCare Website!  Including:
          • $85 Billion for infrastructure modernizing public transit.
          • $174 Billion replacing lead pipes and modernizing drinking water and sewer systems.
          • $100 Billion to protect nature-based infrastructure.
          • $40 Billion for housing infrastructure.
              • What does this mean?
          • $100 Billion for upgrades to the electrical grid.
          • $100 Billion for new public schools.
              • Why?
              • Isn’t this a state issue?
              • Aren’t I, and every other American, already paying for school modernization?
          • $10 Billion for upgrading federal buildings.
              • Why isn’t this already occurring?
          • $35 Billion for investing in climate science.
          • $10 Billion for an enforcement arm, called the Civilian Climate Corps.
  1. How many dairy farms, ranches, and other animal husbandry jobs will be lost to reduce protein intake to 0.18 ounces daily?
  2. How many restaurant jobs will be wiped out due to the costs that will disproportionately fall upon the reduced middle-class and lower class of people?
  3. How many American jobs in Natural Gas and Oil fields will be lost to other countries that do not have to follow the same plan to reduce emissions?
  4. How much of the economy will be sacrificed for science projects and liberal pipe dreams?
      • Public transit systems are a colossal waste of tax dollars just for inner-city transit; how about intra-city transit?
      • AMTRAK hasn’t been able to turn a profit on carrying people between cities ever; how does modernizing public transit improves the loss of taxpayer dollars down this well of liberal insanity?

Andragogy - LEARNRemember, our pattern for this insanity is from President Obama, who had a comfortable first two years due to a friendly House and Senate. They could not do these enviro-legislation issues due to US Constitutional problems, so President Obama used executive orders.  Again and again, climate science has proven to be a money-sucking black hole for taxpayers while the limited few buy new jets, new luxury yachts and force restrictions upon everyone else.

ApathyHow many people will die from the cold or the heat due to the cost of electricity, electricity failure, and not having a backup or tertiary source for heat or cooling?  Every year America sees people die from the cold and excessive heat.  Want a pattern for how higher electricity costs and liberal-brain dead solutions work; let’s look at California.  Last year, loss of power killed people on medical equipment, where electrical lines were not properly maintained, sparked fires, and rolling brownouts are common.  Now that you see the middle and lower class sacrifices, ask yourself, did Speaker Pelosi (D) or any of here Hollywood and political buddies suffer any inconveniences from brownouts and loss of electrical power?

LookHey Speaker Pelosi, how big are your freezers and refrigerators again?  How many do you have in your walled mansion?  How much electricity do you consume?  Climate scare is a method for an unconstitutional power grab, plain and simple, and every single American needs to be actively engaged in fighting these restrictions!  The fight for liberty is cloaked in “Climate Science,” and every nation on earth has been infected with this power-grabbing sickness where politicians win and the citizens lose!

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.

NO MORE BS: More Dane-Geld

Steve Hilton, writing for the Daily Mail, published a story on the 30th of January 2021, called, “The very divisive president: Joe Biden has unleashed a wave of wokery in his first ten days that will enrage millions – as his supporters in Silicon Valley shut down dissent, writes David Cameron’s former policy adviser Steve Hilton.”  The article is worth reading for the insights Mr. Hilton brings to the forefront on measuring the newest American President.  In reading this article, I found clearer cut cases of Dane-Geld being paid, which is my focus.  America, we must push back on the tyranny of Executive Order rulemaking end-runs around the US Constitutional processes, procedures, and the co-equal branches of US Government.  More still, check your local government and look for pork-barrel spending that is purchasing support, and call that purchase what it is, “Dane-Geld!”

Detective 3Consider the last three American Presidents; President Trump issues 1 Executive order in his first 10-days in office.  President Obama issued 2.  President Biden has issued more than 30!  Look at these Executive Diktats, and remember, the coalition that elected the fraudulent President is very shaky.  Hence, the Executive Orders issued are all to pay off some part of President Biden’s electoral coalition or target President Trump while plagiarizing from President Trump’s successes.  Mr. Hilton clarifies that President Biden is using President Trump’s plans, calling them President Biden’s programs, and getting away with the sham because the US Media refuses to call out the President for plagiarism!

For example, killing the “Keystone Pipeline” through Executive Order was red meat to President Biden’s militant Environmental Dane’s.  Just like killing coal was a direct payment to President Obama’s Environmental Dane’s.  Purchasing support through government action or with taxpayer funds is illegal; yet, this President wants to do more than all his predecessors combined, as witnessed by the Executive Orders’ speed the orders are issuing forth.  Hence, not only is Dane-Geld an issue, but so is the rate of issue.  Why the rush?

Mr.  Hilton mentions the obvious mental issues the current President is suffering.  Is the speed of paying off the Dane’s, President Biden’s obligation to his VP Kamala Harris for her to have a ready scapegoat?  What backroom deals are powering the payoffs to the Dane’s who have spent the last four-years using every trick in the book to weaponize government?  Who paid for the demonstrations this previous spring, summer, and fall?  Who is paying for the ongoing terrorism in Portland?

Theres moreDane-Geld payments destroyed several nations, where the intent was to make the terrorist Danes go-away.  Why is the government issuing more Dane-Geld, and who is expected to “Go Away?”  President Trump issued 10-Vetoes in his four-year term of office.  His veto was always for specific reasons, which often included pork-barrel spending or egregious power grabs by the Federal Government.  For example, “Consolidated Appropriations Act, 2021” was full of issues not related to American’s struggling with the government made mess of COVID-19.  The embedded link takes you to the entire 5593 pages of insanity that were not read before voting, was not passed to benefit American’s, and was not passed to protect America.  Leaving one question, “Who benefited?”

Speaking of Dane-Geld, does the following leave feeling warm and comfortable that the legislative branch is doing their elected duties of writing concise laws and scrutinizing government?

“SEC. 7. ADJUSTMENTS TO COMPENSATION.

Notwithstanding any other provision of law, no adjustment shall be made under section 601(a) of the Legislative Reorganization Act of 1946 (2 U.S.C. 4501) (relating to cost of living adjustments for Members of Congress) during fiscal year 2021 [sic].”

Detective 4In a bill to fund the government without a budget, spend money not available, and purchase support through pork-barrel spending, the first order of business is to protect the elected representatives’ cost of living allowance.  Why?  Will Speaker Pelosi and then-Speaker Mitch McConnell please step to the microphone and explain why the hardships being suffered to pay taxes is not first shared by the elected representatives?  Speaking of questions and Dane-Geld, why is the Office of Management and Budget (OMB) not providing forecast reports on this legislation’s effects before being passed by the legislators?  If the legislation’s overall impact will be negative, putting the OMB Report off until after the bill is made into law remains a blatant abuse of power granted through the election process.  Who benefited and why?  Finally, today is the 31st of January 2021; where is the OMB report, and what does it say?

The “Consolidated Appropriations Act, 2021” declares the following, “… necessary for the practical and efficient work of the Department.”  I have a Missouri mentality, “Show Me.”  Show me where the funds provided are being appropriately used for the “practical” or “efficient” work of the various departments of the Federal Government!  The Senators and Representatives have two jobs, write laws and scrutinize government.  Since previous appropriations acts contain the same language, let’s use some actual examples needing scrutinization.

  1. The Department of Veterans Affairs (VA) – Office of Inspector General (VA-OIG) conducted an administrative investigation in response to a referral from VA officials about the potential for a conflict of interest involving VA employees’ establishment of a cooperative research and development agreement (CRADA) between VA and a private company in 2016. – How often are similar events occurring in the VA or another Federal Agency and not being reported and investigated?  Two VA Employees intentionally lied, obstructed, failed to disclose, and the VA-OIG declined to prosecute.  What did happen to the employees involved?  Better still, what are the elected officials doing to protect the “practical and efficient work of the government?”Survived the VA
  2. , 57, of Ocean Springs, Mississippi, was charged with defrauding the United States and other health care providers in a $1.8 million scheme related to acquiring and hoarding personal protective equipment, and price gouging health care providers, including numerous VA hospitals. – While Mr. Ritchey remains innocent until proven guilty by a trial jury of his peers, this example remains particularly egregious. What are the elected officials doing to protect the “practical and efficient work of the government?”
  3. The VA Office of Inspector General (VA-OIG) conducted an inspection to assess allegations related to delayed medication delivery from the VA Manila Outpatient Clinic (clinic) pharmacy in Pasay City, Philippines, before and during the COVID-19 pandemic. The OIG determined that none of these delays resulted in adverse clinical outcomes and made two recommendations related to pharmacy stock shortages and processing delays. – Delays in prescription refills are of particular interest, as my prescription refills in VISN 22 at the Phoenix VAHCS remain anywhere from 10-25 days later than pre-COVID.  What has to occur to get the VA leadership off their hind-quarters to fix the VA processes and people?  Since the VA has been broken since Rep. Nancy Pelosi was first elected to the US House of Representatives, it remains fair to ask, and demand an answer, to the following question. What are the elected officials doing to protect the “practical and efficient work of the government?”The Duty of Americans
  4. Does a 75% failure rate indicate the “practical and efficient work of the government?” The Department of Veterans Affairs – Veterans Benefits Administration (VBA) is running a 75% failure rate on properly handling veterans cases where the veteran is being paid a stipend but has become incompetent and institutionalized.  Where are the elected representatives that were hired to scrutinize and hold accountable the Federal Employees of the Executive Branch for the “practical and efficient work of the government?”
  5. Jonathan Yates, 52, of Bluefield, Virginia, was sentenced to 25 years in federal prison for sexually abusing veterans. While employed as a doctor of osteopathic medicine at the VA Medical Center in Beckley, West Virginia, Yates rubbed the genitals of two veterans and digitally penetrated a third veteran’s rectum under the guise of legitimate medicine. – What are the elected officials doing to protect the “practical and efficient work of the government,” or are veterans to expect being sexually abused at Federal Employees’ hands? The question is valid because this is not the only incident, merely the only incident caught and punished publicly!Patriotism
  6. Robert Morris Levy, 54, of Fayetteville, Arkansas, was sentenced to 20 years in federal prison and ordered to pay approximately $497,000 in restitution for one count each of involuntary manslaughter and mail fraud. Levy served as the chief of pathology and laboratory medical services at the Veterans Health Care System of the Ozarks in Fayetteville from 2005 until his termination in 2018. Levy was suspended in 2016 for being intoxicated on duty. Following a three-month treatment program, he returned to work under the condition he maintains sobriety and submits to random alcohol and drug screening. To avoid testing positive, however, Levy illegally used an undetectable chemical substance that causes prolonged intoxication. While employed by the VA, Levy incorrectly diagnosed diseases and falsified medical records, including the misdiagnosis of lung cancer in a veteran who would later die without treatment. The prosecutor hoped the sentence would “send a strong message.” – Why should the sentence send any message when Mr. Levy maintained his position after being drunk on duty?  Did Mr. Levy lose his retirement benefits and other employment goodies?  He killed a veteran through inaction; again, this is not the first incident, nor the most egregious incident of veterans being killed by providers at the VA.  What are the elected officials doing to protect the “practical and efficient work of the government,” or should veterans expect to be murdered at Federal Employees’ hands?
  7. A former case manager at a nonprofit organization dedicated to combating veteran homelessness and a property agent has pleaded guilty to conspiring to steal approximately $124,000 in federal funds intended to help homeless veterans. Between approximately October 2013 and November 2015, Camelia Revels was employed at HOPE Atlanta, where she was responsible for confirming a veteran’s eligibility to participate in the program, assisting veterans in finding suitable housing, and preparing the vouchers to secure issuance of funds to vendors. Among the vendors Revels provided to her supervisor for approval were companies that were owned and operated by Katrise Jones. Jones was supposed to act as a property agent and assist the veterans with finding suitable housing. In December 2014, HOPE Atlanta learned that Jones was not making rental payments on behalf of veterans and directed Revels to no longer work with her. Revels ignored this directive and continued her scheme with Jones, which included opening a joint bank account where stolen funds were deposited. Sentencing is scheduled for April 2021. – By careful count, this is the fifth incident of theft uncovered and prosecuted since November 2020; I could be wrong, large sums of money were stolen, and the thieves were aided and abetted by VA Employees. Where are the elected representatives that were hired to scrutinize and hold accountable the Federal Employees of the Executive Branch for the “practical and efficient work of the government?”

Dane-GeldDane-Geld is not just monetary payments to Danes.  Dane-Geld is paid by allowing Federal Employees to act like hooligans on a three-day pass from Dante’s First Ring, with impunity and zero accountability.  Dane-Geld is paid through favorable contracts, which is unethical and illegal.  Still, Speaker Pelosi could subvert these contracting regulations to put up useless plastic barriers so COVID positive representatives could vote her for speaker.

Dane-Geld is killing America, and Dane-Geld’s power is evident in all government levels, from the school board and the animal control officers to the office of the Fraudulent President.  I repeat, only for emphasis, that the solution to curbing runaway government is to look locally first!  Curb those Dane-Geld payers and hold them accountable for the disasters caused by their poor decisions.  For example, why aren’t the mayors and city councils of Portland, Seattle, Detroit, New York, Ferguson, Minneapolis – St. Paul, etc., being held accountable for the loss of private property, the damage of public and private property, all based upon paying Dane-Geld to terrorists? Indeed, there must be a hungry lawyer out there who could make the cases stick.

quote-mans-inhumanity-2Dane-Geld is dangerous, and those politicians paying need to be held responsible.

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.

NO MORE BS: The Tyranny of Executive Orders

Scared Eyes!By current count, President Biden has signed 33 Executive Diktats in 6-days of his presidential reign.  Interesting fact, 30 of those Executive Orders were signed within his first three-days in office.  Hence, let’s review those Executive Orders:

  1. What is the purpose and reason for the following order?
    • Requires executive branch appointees to sign an ethics pledge barring them from acting in personal interest and requiring them to uphold the Department of Justice’s (DOJ) independence.
    • Aren’t executive branch appointees adult enough to follow the standard ethical requirements standard to working in the Federal Government? If not, why are they not mature enough to act ethically?  If so, why the pledge?
    • What is this about the “independence” of the DOJ?
    • Apparently, this “Ethics Pledge” was used in the Obama Presidency; how did that work out? Not very well, leaving me to wonder and question the sanity of demanding the pledge.  Worse, why does Section 3 of the pledge allow a waiver provided the U.S. President and the head of the OMB grant the waiver “in the public’s interest?”
    • Section 5: Enforcement, What does this mean?

“Solely enforceable by the United States pursuant to this section by any legally available means, including debarment proceedings within any affected executive agency or judicial civil proceedings for declaratory, injunctive, or monetary relief.”

Reading the rest of Section 5 leaves me wondering about legal witch hunts where government power can be selectively used to punish, hinder, hamper, and pursue anyone the President decides has violated the ethics pledge.  I have some deep and abiding concerns about an “Ethics Pledge,” the insanity of repeating President Obama’s mistakes, and the legal loopholes.

  1. Where is the President of the United States’ authority to dictate to individual states that passengers have to wear a mask on intercity buses?
    • The President has assumed the control of all sorts of modes and methods of transportation to the demise of American’s everywhere! Want to see tyranny in action; there is NO authority for this Executive Order.  Nowhere in the U.S. Constitution does it allow the sitting President power to dictate mask-wearing.  Nowhere in the Federal Code is a President allowed this power.  This specific order violates State’s Rights and the Legislative Branch authorities; why exactly does the President feel empowered to order mask-wearing?
    • The CDC cannot issue laws; as a branch of the Executive Government, the CDC can only issue guidelines. If these are to be enforceable laws, the Legislative Branch must agree and issue legislation based upon those guidelines.
    • Nowhere in the mask mandating illegal and unethical Executive Order are pre-existing conditions that make mask-wearing unsafe or impossible are mentioned. Why?
    • Where did the President gain the power to mandate people arriving at America’s Ports of Entry the authority to require they have the vaccine for COVID or a recent negative test result? Show me, wherein the law is this allowed?  What other viral diseases and infections are treated in a similar manner?  Mandating a negative test result is a direct violation of HIPAA!  Where are the Legislative and Judicial  Branches in smacking down this diktat from the tyrant in office as President?  Where COVID testing is concerned, what virus is being tested for, and how do you protect against false positives?
  2. Some of the Executive Orders are housekeeping stuff, changes which normally occur from one President to another as the Executive Branch head. While many of these changes are non-issues, I wonder why the regulatory approval process keeps changing from President to President?  When how regulatory approval processes change, there is a tremendous cost involved, along with a considerable amount of confusion for those workers involved.
  3. Why aren’t the following immigration Executive Orders legislation Liberians DACA?
    • The Liberian issues have been an ongoing issue for several presidencies. There is some legislation in place, but as usual, no one read it, passed it, and the executive branch cannot promptly do their jobs in implementing the legislation due to the insanity of the bill passed.
    • What are the two jobs of elected representatives in the U.S. House of Representatives and the Senate, write laws and scrutinize government. By failing to write laws that make sense, scrutinizing government becomes ever more impossible!  Do you feel represented by your government yet?
    • DACA – Daca begins with an illegal and unethical Executive Order, couched in legalese that made appear the President had the authority to subvert the U.S. Constitution and implement legislation without the Legislative Branch input.
    • Since its inception, DACA has continued to be a political hot potato for the Legislative Branch, so the Executive Branch acted without authority and created a mess! Remember, no action of a legitimate government is without injury!  Worse, DACA created a Presidential voting block for those who will promote the President’s illegal activities!
  4. On this Executive Order, pay close attention to the language used, what is said, and what has been conveniently left out of the Executive Order. Tyranny is as much what is said as what is not expressed but implied.
  • “Proclamation on Ending Discriminatory Bans on Entry to The United States” is the Executive Order’s official title. What is discriminatory about secure borders?
    • The Executive Order affected or influenced, Executive Order 13780, and Proclamations 9645, 9723, and 9983. Now, it is common practice for a President to change previous Presidential Proclamations as they see fit.  There is nothing wrong with changing previous Presidential Executive Orders; this is where tyranny and confusion occur every time a presidency changes hands.
    • Section 2 of this Executive Order is all about directing embassies in clearing Visa and Waiver Processing. Again, perfectly acceptable actions for a new president to take.
    • Section 3 orders the Executive Branch members to send the President a report on information-sharing and strengthening relationships. Still, perfectly legal and acceptable use of presidential power.
    • Nowhere in this Executive Order are the security issues that the original Executive Order 13780 and Proclamations 9645, 9723, and 9983 were based upon. Did the world wave a magic wand and suddenly become safe enough to trust other government’s abilities to vet their own citizens for international travel properly?  The security risks remain too great for specific countries, who have habitually poor government processes and records, to trust their citizens.  Have we forgotten about all those passports issued by governments of terrorists, found in Afghanistan, who had free international travel ability?
    • The power of tyranny is strong with this President! Where is the Legislative Branch in demanding security and passing legislation that ends this Executive Order game of hot potato and protects America?
  1. Executive Orders are killing the Border Wall and the Keystone Pipeline.
    • There is no mention in the Executive Orders of the costs involved in stopping these projects, the costs from leaving these projects in the lurch, or the hundreds of primary and thousands of secondary and tertiary jobs that have died.
    • Energy Security, Border Security, strengthening the ties between nations, none of that matters or is mentioned in the Executive Orders. Rule by diktat is killing America, and you can personally visit these sites of tyranny in action and ask yourself if your vote for Biden was worth the loss, the cost, and the resource waste!
    • Do you build strong walls on your property for protection; why are America’s borders any different than your home boundaries?
    • Do you like seeing other American’s at work; I do! What is more important, keeping America secure or pandering to a leftist liberal talking point?  How valuable will a liberal talking point be when terrorists start streaming over the US Southern Border?  Look at the number of illegals from non-Central and South American countries and tell me the value of a liberal talking point.  All while the liberals all live behind tall walls and security.
    • Let me talk frankly and honestly, feel free to research these facts and others, and let’s engage in conversation. America’s slipperiest enemy in WWI and WWII, who hosted spies, allowed for what we now call terrorists, and protected America’s enemies since inception, is Mexico!
    • Consider the following from History.com:
      1. On the home front, hundreds of thousands of farmworkers crossed the border to work (illegal immigration) for U.S. agricultural companies as part of the Bracero Program, which would outlast the war by nearly two decades and have a lasting impact on the relations between the two North American nations [emphasis mine]. Want to know where the “migrant worker” infestation started, the Bracero Program.  Remember, legitimate actions of the government always injure!
      2. Bill Mills wrote, “Treacherous Passage: Germany’s Secret Plot against the United States in Mexico during World War I.” An excellent resource for those looking for the truth about the U.S. and Mexico relationship during WWI.
      3. Never forget the Duquesne Spy Ring. A Nazi spy ring was operating in the U.S. before the start of WWII, where Mexico’s help in supporting German Agents was paramount to their success in America.
      4. February 1918: WWI counterintelligence agents get their man. More on Mexico and supporting spies in America.

Theres moreUnfortunately, the Executive Orders discussed herein are not even the tip of the iceberg of tyranny launched in the first 6-days in office.  America’s national security was blown out of the water.  Executive orders are issued where legislation is desperately needed, where fair business was stopped when America desperately needs to end the lockdowns and go back to work.  Dr. Fauci’s WHO leader, more pandemic actions destined to fail, expanding the size and cost of government in the Executive Branch without a peep from the U.S. House of Representatives asking the President how he plans to pay for expanding government, and so much more.

America, we cannot afford 4-years of Biden/Harris as leaders of America!  We have not yet recovered from the 8-years of failed government under President Obama and the weak-kneed 8-years under President Bush II.  America has legitimate security needs where a wall along the entire US Southern Border is mandatory!  America has energy commitments and requirements that the Keystone Pipeline will help alleviate.  America needs to end the lockdowns, stop the masking mandates, and return freedom to the people to live and work.  Yet, all these issues and more are being mandated to us instead of discussed in legislative sessions.

Andragogy - LEARNRule by Executive Order is tyranny, plain and simple!  President Biden is extending the illegal actions of President Obama in issuing Executive Orders that exceed his presidential authorities.  Your political party means nothing; your freedoms are being stolen by the occupant who just barely swore to uphold the U.S. Constitution and is blatantly abusing the same!  The fraudulent President is proving his insanity is real, and we are only a week into his term of office.

Detective 4Where are the elected members of the Legislative Branch demanding the President cease and desist?  Do you feel represented by the U.S. President?  Do you feel confident in the Legislative Branch to scrutinize the Executive Branch and demand correction?  Where are the State’s Attorneys’ General filing with the Judicial Branch to halt the tyranny of a power-mad president?  Under President Trump, before the Executive Orders were typed, they had litigious actions filed with the court, hearings scheduled, injunctions ready to thwart, and were screaming to the media; why are they silent now?  The silence is deafening!

© 2021 M. Dave Salisbury
All Rights Reserved
The images used herein were obtained in the public domain; this author holds no copyright to the images displayed.

NO MORE BS: Executive Orders vs. Legislation

Image - Eagle & FlagA republic is messy!  I have made this claim before on this blog, and I will continue to affirm and support the messiness that occurs in a republic, especially this our constitutional republic!  A republic requires politicians from both extremes on an issue spectrum to come together somewhere between the two extreme points for a compromise.  Please remember, a good compromise leaves everybody unhappy, but a good compromise is fair and the best way to govern.  The messiness of governing takes time and the mess and time protect the interests of the population!

The problem is that executive orders have become the tool of tyranny to make an end-run around the Constitution, stripping the legislative branch of its authority.  Just like when a legislator’s support is purchased with pork-barrel spending, passing legislation with purchased support or pork also does an end-run around the Constitution and robs the taxpayer to enrich the politician.  Both Executive Orders and Pork Barrel Legislation are immoral and unethical but have become accepted practice based upon historic legal precedence and the distorted minds of those in political power.

What is an Executive Order?

An executive order is a means of issuing federal directives in the United States, used by the United States President who manages the federal government’s operations. The legal or constitutional basis for executive orders has multiple sources; however, the executive order is limited to the executive branch of government and the executive branch’s governmental operations.

Where executive orders are concerned, until revoked or superseded, the order remains in effect.  For example, Executive Order 9006 – Certifying the Territory of Hawaii as a Distressed Emergency Area.  The executive order was signed within 30-days of Pearl Harbor being bombed, stripped American Citizens of their rights, their property, their freedoms, and punished them.  Fred Korematsu argued before the Supreme Court that his rights and those of other Americans of Japanese descent had been violated by Executive Order 9006.  The Supreme Court ruled 6-3 in favor of the government, saying that military necessity overruled those civil rights.  Here is the rub; there is no Congressional Legislation supporting this illegal seizure, the forfeiting of ownership, or Congressional Authority tied to the Executive Order; worse, there was no military reason to justify issuing the Executive Order.

LookNow, I get it, the Empire of Japan had just bombed America, and a day of infamy had descended.  The legal rights of Americans, regardless of their birth heritage, were stripped from them, not by Congressional Action signed into law by the President, but through an Executive Order.  Worse, this order has never been rescinded, and who knows what skullduggery continues to occur under this Executive Order.  As a historical sidenote, there was no justification for Executive Order 9006 – Certifying the Territory of Hawaii as a Distressed Emergency Area.  No military rationale, no social justification, and yet, this Executive Order caused tremendous illegal and unconstitutional actions in the island of Hawaii, which spread to all of America and saw many Japanese heritage Americans stuffed into internment camps.  Losing property, lives, livelihoods, and never receiving any compensation.

Do you need more proof that Executive Orders are in effect long after they should have been rescinded?  Look no further than Chief Justice John Roberts, who wrote in his majority opinion in the 2018 case of Trump v. Hawaii that the Korematsu decision was explicitly repudiated.  In non-legal speak, Chief Justice Roberts refuses to be associated with Executive Order 9006 and the earlier court case, Korematsu v. Roosevelt decision, but did not rescind the order, make null the order, or demand the order be superseded.  The cravenness of Chief Justice Roberts to right a historical wrong is beyond contemptible!

What is legislation?

From Webster, we learn that legislation is the action of legislating “specifically: the exercise of the power and function of making rules (such as laws) that have the force of authority by their promulgation by an official organ of a state or other organization.”  The executive branch must sign these legislative actions before they become of full legal force.

Are Executive Orders Legal?

Executive orders have been made legal, as the judicial branch of government has essentially told the legislative and executive branches to argue the problem out amongst themselves.  Now, legal scholars will nit-pick the heck out of what I am about to say, but since I am not a legal scholar, decide for yourself; here is my opinion and understanding.  Yes; executive orders are legal.  Insofar as they guide the executive branch in directing the executive branch’s affairs, and is not intended to control the citizenry or be the “law” under which citizens lose their rights and privileges.  But, as for application to the US Population as a whole, no!  No, executive orders are not legal because the executive order acts outside the executive branch’s domain and attempts to supplant legislation.

DutyImportant to note, broad powers were granted to the US President under Article II, Section 1, Clause 1 of the US Constitution. “The executive Power shall be vested in a President of the United States of America.” Sections 2 and 3 describe the various powers and duties of the President, including that “[the President] shall take Care that the Laws be faithfully executed.”  The judicial branch has granted significant leeway to the President to act.  When added to the powers Congress has consented to the President to run the executive branch of government, executive orders’ legality v. illegality remains a legal gray area.  Sometimes the President has been smacked down with their Executive Orders due to a stricter reading of the US Constitution. Other times a more lenient reading of the US Constitution and Congressional powers has allowed Executive Orders to stand.

The key to limiting Executive Orders is if the Congress considers an issue necessary enough to legislate.  However, do not be fooled; tremendous power is being wielded when a president sets their pen to paper and drafts an Executive Order.  Interesting to note, the lists of presidents with the most Executive Orders are as follows:

Are Executive Orders the same as legislation?

Executive Orders state mandatory requirements for the Executive Branch and have the effect of law. Historically executive orders were issued with a law passed by Congress or based on powers granted to the President in the Constitution and consistent with those authorities.  However, since Pres. Clinton America has witnessed the exponential rise of executive orders to bypass the legislative branch and control law through executive fiat and not legislation.

For example, President Obama, where the Paris Environmental Accord was concerned, ran around Sen. Harry Reid and the Senate, issued an executive order. America was then obligated to the Paris Environmental Accord.  Under the US Constitution, the president “shall have Power, by and with the Advice and Consent of the Senate, to make Treaties, provided two-thirds of the Senators present concur” (Article II, section 2). … The Senate does not ratify treaties—the Senate approves or rejects a resolution of ratification [Emphasis Mine].  The Senate never ratified the Paris Environmental Accord, so President Trump was in his power to issue a countermanding executive order and remove America.  21 Jan 2021, Biden then issued another countermanding order and recommitted America to the Paris Environmental Accord.  Still making an end-run around the Senate and refusing the American people the opportunity to have a voice in the affairs of government, especially where costly environmental laws and obligations are concerned.

LinkedIn ImageIs it clear that executive orders’ abuse is strangling America and creating chaos across the entire globe!  All because the politician currently in power refuses to engage in the correct and legal processes of conducting the people’s business, and all political parties are guilty!  The precedent for issuing Executive Orders controlling business outside the executive branch started with Pres. Abraham Lincoln when he made an end-run around a contentious Congress and issued the Emancipation Proclamation.  Not that the Emancipation Proclamation was not needed, not that it did right, not that it was not the exact tool at the precise time, simply that Congress refused, and the President acted through Executive Powers rather than Congressional Legislation.  Setting the legal precedence for the current abuses of Executive Orders in the last five presidents.  Six if you count the current sitting president who issued 15 Executive Orders on his first partial day in office as a “show of strength.”

Legal, yes; legal, no, is a gray area!  Not what the founding fathers intended when drafting the US Constitution.  Want to drop down a rabbit hole of incredible size and shape, look up old Executive Orders, read them carefully for the powers claiming their legality, and then look at recent legal decisions quoting those old Executive Orders.  Lawyers have a saying, “Bad cases make bad case laws.”  That saying is especially true where Executive Orders are considered.

In rule by Executive Order, there is a great caution.  Rule by executive decree is tyranny!  Making end-runs around the co-equal branches of government is a slippery slope that becomes easier and easier once begun upon.  A recent example of this is found in the Obama Presidency.  President Obama is on record claiming he could not issue executive orders to fulfill the wishes, hopes, and desires of the liberal few.  Then, a few short months later, after issuing a slew of Executive Orders, President Obama issued Executive Orders, flip-flopping like a boneless chicken breast, and granting the liberal few their hopes and wishes by executive diktat.

3-direectional-balanceWhat I am going to put forward is not fearmongering but a need to awaken the American People to the dangers of rule by Executive Order.  The Emancipation Proclamation is an Executive Order.  If a President can remand or supersede any previous Executive Order, what is to stop a President from rescinding the Emancipation Proclamation?  Nothing!  The chaos caused by Executive Order rule in a Constitutional Republic is a danger that all people, of every political flavor, need to recognize and communicate to those in power to cease this abuse forthwith!

Those in power can only abuse the controls and restrictions placed upon the government through other governing tools.  Therein lay the protection for the American People and the risks to the American People.  Hence, the need to know, understand, and act to protect the government from overreach and freedom theft.

© Copyright 2021 – M. Dave Salisbury
The author holds no claims for the art used herein. The pictures were obtained in the public domain, and the intellectual property belongs to those who created the images.
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