(POL) Who needs checks and balances..

[SirFozzie]

Apparently, not only can the Prez decide that what Congress does doesn't matter if he feels it doesn't apply, but that the courts can be ignored too.

(and yes, I agree with him, but there's a bigger principle at issue.)

http://www.whitehouse.gov/news/relea...060623-10.html

This pretty much eviscerates the Kelo decision.

[QuikSand]

It reads like it affects the federal government only... is that so? If so, it's not a reversal of Kelo at all.

[SirFozzie]

reads more like the government will fight any municipal gov that tries it, to me, although there's so much legal/double speak it's confusing.

[QuikSand]

I still don't see it, but maybe I'm missing something.

[QuikSand]

Just for convenience:

Executive Order: Protecting the Property Rights of the American People

By the authority vested in me as President by the Constitution and the laws of the United States of America, and to strengthen the rights of the American people against the taking of their private property, it is hereby ordered as follows:

Section 1. Policy. It is the policy of the United States to protect the rights of Americans to their private property, including by limiting the taking of private property by the Federal Government to situations in which the taking is for public use, with just compensation, and for the purpose of benefiting the general public and not merely for the purpose of advancing the economic interest of private parties to be given ownership or use of the property taken.

Sec. 2. Implementation. (a) The Attorney General shall:

(i) issue instructions to the heads of departments and agencies to implement the policy set forth in section 1 of this order; and

(ii) monitor takings by departments and agencies for compliance with the policy set forth in section 1 of this order.

(b) Heads of departments and agencies shall, to the extent permitted by law:

(i) comply with instructions issued under subsection (a)(i); and

(ii) provide to the Attorney General such information as the Attorney General determines necessary to carry out subsection (a)(ii).

Sec. 3. Specific Exclusions. Nothing in this order shall be construed to prohibit a taking of private property by the Federal Government, that otherwise complies with applicable law, for the purpose of:

(a) public ownership or exclusive use of the property by the public, such as for a public medical facility, roadway, park, forest, governmental office building, or military reservation;

(b) projects designated for public, common carrier, public transportation, or public utility use, including those for which a fee is assessed, that serve the general public and are subject to regulation by a governmental entity;

c) conveying the property to a nongovernmental entity, such as a telecommunications or transportation common carrier, that makes the property available for use by the general public as of right;

(d) preventing or mitigating a harmful use of land that constitutes a threat to public health, safety, or the environment;

(e) acquiring abandoned property;

(f) quieting title to real property;

(g) acquiring ownership or use by a public utility;

(h) facilitating the disposal or exchange of Federal property; or

(i) meeting military, law enforcement, public safety, public transportation, or public health emergencies.

Sec. 4. General Provisions. (a) This order shall be implemented consistent with applicable law and subject to the availability of appropriations.

(b) Nothing in this order shall be construed to impair or otherwise affect:

(i) authority granted by law to a department or agency or the head thereof; or

(ii) functions of the Director of the Office of Management and Budget relating to budget, administrative, or legislative proposals.

(c) This order shall be implemented in a manner consistent with Executive Order 12630 of March 15, 1988.

(d) This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity against the United States, its departments, agencies, entities, officers, employees, or agents, or any other person.

GEORGE W. BUSH

THE WHITE HOUSE,

June 23, 2006.

[sabotai]

"Section 1. Policy. It is the policy of the United States to protect the rights of Americans to their private property, including by limiting the taking of private property by the Federal Government to situations in which the taking is for public use, with just compensation, and for the purpose of benefiting the general public and not merely for the purpose of advancing the economic interest of private parties to be given ownership or use of the property taken."

Seems like it just effects the federal government.

[QuikSand]

The Kelo decision basically left it to the policymakers of each level of government to decide their own policy. The executive branch of the federal government is fully within its authority to exercise restraint in this regard, by this sort of order.

[SackAttack]

Yup, this is a non-issue. There has been abuse of signing statements by Bush, IMO, but this ain't one of them.

[QuikSand]

Originally Posted by SackAttack

Yup, this is a non-issue. There has been abuse of signing statements by Bush, IMO, but this ain't one of them.

I think you may be confusing terms -- this isn't a signing statement, it's an Executive Order.

[SirFozzie]

ah ok. Missed that.

as we say in the streets of muthahuggin Franklin.. My bad, dog.

(yes, that was supposed to be silly)

[SackAttack]

Originally Posted by QuikSand

I think you may be confusing terms -- this isn't a signing statement, it's an Executive Order.

Entirely possible. The story I first read about this in was a small-town Wisconsin newspaper, and called it a signing statement, so consider the source.

But I apologize for my mix-up.

[albionmoonlight]

I agree with Quik, et al.