Posted on 01/01/2019 8:52:23 AM PST by george76
Yup. That showed clearly that we live in a nation that is no longer a nation of laws. It's one where the President can issue a decree and then find a judge to declare it part of the constitution. Boom, done. No silly, messy amendments or debates or elections required anymore.
All we need now is for the Prez to emulate Nero and appoint his horse to the Senate to show how useless and unnecessary they all are up on the hill. Trump won't do that but Obama or Hillary or Warren or (especially!) Alexandra Ocasio-Cortez would happily do so.
But JFK was a democrat, no? We all know that King Ninth Circuit only allows Executive orders issued by Republicans to be revoked. Democrat EO’s are forever.
Why do that? Why not just privatize as much as you can, and let the private sectors deal with it?
This is something that the President should do. However, it should be carefully planned as to timing and execution.
First, Executive Order 10988 was effectively replaced by President Richard Nixon’s Executive Order 11491 in 1969. So it can be referred to as a revocation of Nixon’s Executive Order, rather than Kennedy’s.
Second, the Democrats took a bath in the 2010 midterm elections because they had no restraint during the two years when they had full power in the government. They passed Obamacare, and looted the Treasury with their bailouts and so-called stimulus bill. For various reasons, possibly even nice calculations by Sen. McConnell, the Republicans did not go hog wild in pursuing their agenda during the two years when they had full power in the government. Because of this, the Republicans did not suffer as badly in the 2018 midterms as the Democrats did in the 2010 midterms. If President Trump had revoked this EO during his first two years, it probably would have been a bridge too far and resulted in far worse losses for the Republicans in the mid-terms.
Probably the best time for President Trump to do this would be early in his second term. But there is no guarantee that he will get a second term, so this makes this a delicate political calculation as to whether to do it in the next two years.
Finally, if President Trump does this, he should simultaneously file a declaratory judgment action in the court of his choice to declare the action valid. This will preempt the left’s forum shopping to get the case in front of some nihilistic west coast judge. The nice thing about this issue is that the defendants in a declaratory judgment action are obvious: the government unions, AFSCME, etc.
It’s very similar to tenure. When both were adopted, it was used to protect workers from getting the shaft due to the political whims of their bosses (such as a change from Democrat to Republican, for example).
It always presumed that the lower-level workers were non-political, which, as we see with the FBI, CIA, etc. is a HUGE MISTAKE.
So now we have the opposite - we have the higher ups wanting the FBI and others to concentrate on what they’re supposed to be doing (protecting Americans), but instead these ‘protection’ allow them to basically operate a clandestine government, within the elected government.
Repeal
Yesterday I had my first VA medical appointment since 1995. I thought I’d try the system out. The receptionist through the doctor were unimpressive compared to the civilian medical facilities.
Of interest is the receptionist had an AFGE union card on his desk as he was speaking to me.
The experience started at the entrance where the door was locked with strict anti gun enforcement laws spelled out. I had no idea how to get in, but found out the receptionist was supposed to “buz” me in. Maybe he was having a bad day since the govt was shut down.
This one appointment is my last, I’ll stay with civilian care as I have excellent insurance and medicare.
It's surprising that Congress and the courts didn't question Kennedy's order when it was issued. Wikipedia says Kennedy gave the order to prevent a bill from being passed that would go much further and establish a closed shop for federal employees, but that bill had been defeated by several previous congresses over a decade's time. Had the executive order been challenged in Kennedy's time as something that would have to be done by Congress, perhaps it could have been invalidated.
Terminate, entirely, _public_unions_. Serve or find a job.
Might as well void Nixon’s EO on the creation of the EPA while Trump’s at it.
Trump should consider hiring you.
here is the cycle in Calif
Unions charge more fees than they need for business. They spend the extra money bribing politicians. The ones who vote for their contracts and the governors who negotiate the contracts. The new contracts give the employees more pay so the union raises fees.
The raised fees mean more bribe.
The governor gives them bennies like higher retirement (now strangling California) and the legislator approves it.
Then the union raises fees again.
Rinse and repeat.
IF there are to be public employee unions they should be prohibited from giving bribe (read campaign funds) to politicians with whom they negotiate their contracts.
The absurdity of “public employee unions” is that, since we have representative government, and “union” members vote, and the unions are allowed to collude with candidates and meddle in elections, the “union members” effectively sit in both sides of the table.
Total conflict of interest.
Republican, I’m afraid, the leadership is a wuzz, when Hatch left politics, he made sure an arrogant wuzz would replace him. Remember the ex governor of MA???? who had a medicare plan for MA citizens similar to Obama’s? The republicans will once again roll over and play dead, so the democrats will walk all over them. The few Republicans who speak up will be outvoted by democrats because the leadership will NOT back them.
I doubt President Trump would sign such a law if he were antiunion to start with.
He also needs to get rid of the special Senior Executive Service protections.
But my line of thinking was: He could revoke the executive order, we already know the courts would rule that as being unconstitutional, and Congress would ruin the country at their first opportunity to do so.
Gotcha :)
30 years ago I would have concurred, but the Deep State has infested down to the equivalent of company grade officers. They no longer practice forming 5 paragraph orders, they simply bark frag orders and the same with their former SNCO civilians now in the GS structure.
They don’t really believe in the Constitution and now the only protection Constitution abiding employees have, is to be able to collectively bargain. It really is the only check on their megalomania.
If you get rid of collective bargaining, those who hate the Constitution will simply frame their juniors to place their lower class buddies into their positions.
No are very few institutional checks and balances on fraud and kickbacks anymore. Those who identify it and report it, get targeted and removed. The swamp is a contagion, IMHO, it’s more based on spiritual adversity, with the soulish manifestations of corruption only being the obvious secondary symptoms of the malaise.
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