Loki wrote:
It is also outrageous that Obama implemented this EO after stating publically at least 22 times that he did not have the Constitutional authority to do so..
He issued a Memorandum, not an EO.*
Obama issues 'executive orders by another name'
Gregory Korte, USA TODAY 1:16 p.m. EST December 17, 2014
President Obama has issued a form of executive action known as the p**********l memorandum more often than any other president in history - using it to take unilateral action even as he has signed fewer executive orders. VPC
By issuing his directives as "memoranda" rather than executive orders, Obama has downplayed the extent of his executive actions.
WASHINGTON President Obama has issued a form of executive action known as the p**********l memorandum more often than any other president in history using it to take unilateral action even as he has signed fewer executive orders.
When these two forms of directives are taken together, Obama is on track to take more high-level executive actions than any president since Harry Truman battled the "Do Nothing Congress" almost seven decades ago, according to a USA TODAY review of p**********l documents.
Obama has issued executive orders to give federal employees the day after Christmas off, to impose economic sanctions and to determine how national secrets are classified. He's used p**********l memoranda to make policy on gun control, immigration and labor regulations. Tuesday, he used a memorandum to declare Bristol Bay, Alaska, off-limits to oil and gas exploration.
Like executive orders, p**********l memoranda don't require action by Congress. They have the same force of law as executive orders and often have consequences just as far-reaching. And some of the most significant actions of the Obama presidency have come not by executive order but by p**********l memoranda.
Obama has made prolific use of memoranda despite his own claims that he's used his executive power less than other presidents. "The t***h is, even with all the actions I've taken this year, I'm issuing executive orders at the lowest rate in more than 100 years," Obama said in a speech in Austin last July. "So it's not clear how it is that Republicans didn't seem to mind when President Bush took more executive actions than I did."
Obama has issued 195 executive orders as of Tuesday. Published alongside them in the Federal Register are 198 p**********l memoranda all of which carry the same legal force as executive orders.
He's already signed 33% more p**********l memoranda in less than six years than Bush did in eight. He's also issued 45% more than the last Democratic president, Bill Clinton, who assertively used memoranda to signal what kinds of regulations he wanted federal agencies to adopt.
Obama is not the first president to use memoranda to accomplish policy aims. But at this point in his presidency, he's the first to use them more often than executive orders.
"There's been a lot of discussion about executive orders in his presidency, and of course by sheer numbers he's had fewer than other presidents. So the White House and its defenders can say, 'He can't be abusing his executive authority; he's hardly using any orders," said Andrew Rudalevige, a presidency scholar at Bowdoin College. "But if you look at these other vehicles, he has been aggressive in his use of executive power."
So even as he's quietly used memoranda to signal policy changes to federal agencies, Obama and his allies have claimed he's been more restrained in his use of that power.
In a Senate floor speech in July, Majority Leader Harry Reid said, "While Republicans accuse President Obama of executive overreach, they neglect the fact that he has issued far fewer executive orders than any two-term president in the last 50 years."
The White House would not comment on how it uses memoranda and executive orders but has previously said Obama's executive actions "advance an agenda that expands opportunity and rewards hard work and responsibility."
"There is no question that this president has been judicious in his use of executive action, executive orders, and I think those numbers thus far have come in below what President George W. Bush and President Bill Clinton did," said Jay Carney, then the White House press secretary, in February.
Carney, while critical of Bush's executive actions, also said it wasn't the number of executive actions that was important but rather "the quality and the type."
"It is funny to hear Republicans get upset about the suggestion that the president might use legally available authorities to advance an agenda that expands opportunity and rewards hard work and responsibility, when obviously they supported a president who used executive authorities quite widely," he said.
While executive orders have become a kind of Washington shorthand for unilateral p**********l action, p**********l memoranda have gone largely unexamined. And yet memoranda are often as significant to everyday Americans than executive orders. For example:
In his State of the Union Address in January, Obama proposed a new retirement savings account for low-income workers called a MyRA. The next week, he issued a p**********l memorandum to the Treasury Department instructing it to develop a pilot program.
In April, Obama directed the Department of Labor to collect salary data from federal contractors and subcontractors to monitor whether they're paying women and minorities fairly.
In June, Obama told the Department of Education to allow certain borrowers to cap their student loan payments at 10% of income.