Article on the Power of Regulatory Agencies

As we prepare for the EPA hearings next week in Tally, Orlando, and West Palm, understand the stakes:  I had written previously that if an issue would not pass through legislative means, it would be regulated into existence.

http://www.nytimes.com/2010/02/13/us/politics/13obama.html

February 13, 2010

Obama Making Plans to Use Executive Power

By PETER BAKER

WASHINGTON — With much of his legislative agenda stalled in Congress, President Obama and his team are preparing an array of actions using his executive power to advance energy, environmental, fiscal and other domestic policy priorities.

Mr. Obama has not given up hope of progress on Capitol Hill, aides said, and has scheduled a session with Republican leaders on health care later this month. But in the aftermath of a special election in Massachusetts that cost Democrats unilateral control of the Senate, the White House is getting ready to act on its own in the face of partisan gridlock heading into the midterm campaign.

“We are reviewing a list of presidential executive orders and directives to get the job done across a front of issues,” said Rahm Emanuel, the White House chief of staff.

Any president has vast authority to influence policy even without legislation, through executive orders, agency rule-making and administrative fiat. And Mr. Obama’s success this week in pressuring the Senate to confirm 27 nominations by threatening to use his recess appointment power demonstrated that executive authority can also be leveraged to force action by Congress.

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