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Fast-tracking climate policies CU lawyers investigate Executive Orders
Daily Camera ^ | April 5, 2008

Posted on 04/10/2008 12:15:50 PM PDT by Shermy

he globe is warming quickly. Congress is moving slowly.

's the idea behind a new study from a team of researchers at the University of Colorado law school, who worked full time for nearly six months on a project that could help the next U.S. president make sweeping climate-change policies -- fast. The new report probes the edges of executive orders and lays out the authority the next president could use to introduce global-warming policies without waiting for legislation to wind its way through the notoriously slow congressional machine.

"Given the extreme importance of climate change, this is a way for the next president to be able to take rapid action," said Kevin Doran, a researcher at CU's Center for Energy and Environmental Security.

Executive orders -- and other proclamations issued by the president with the weight of law -- derive their power from a murky constellation of legislation, vague constitutional mentions and a tangled body of precedent. In the past, executive ordershave been issued to deal with an expansive array of issues -- from George W. Bush's executive order last summer to ensure that stem-cell research proceeds in ethically responsible ways, to an order by William Howard Taft in 1913 reserving lands in Nevada for the use of the Paiute and Shoshone people.

"It was an absolute nightmare to find out all of this -- information was scattered and extremely variegated in terms of the quality," Doran said. "You'd think you'd be able to find the listings of all the executive orders that have been released."

But you can't. Or, rather, now you can, if you want to know about executive orders dealing with energy and the environment.

The new report, "The Boundaries of Executive Authority: Using Executive Orders to Implement Climate Change Policy," lists hundreds of executive orders -- and the basis for each order's authority -- that could be used to combat global warming.

"We're defining the playground in which the president can play," said Alaine Ginocchio, lead author of the paper.

Ginocchio said the authority to give an executive order won't necessarily translate into action. With history as a guide, she knows that the philosophy of the president has influenced how many and what kind of executive orders a president will use. But, even if the new president does use executive orders to, for example, enter into international agreements or stop certain kinds of high-carbon fuels from entering the country, that doesn't mean the order will stick.

"A president can't issue an executive order that goes against a statute," Ginocchio said. "Congress can stop you with a veto-proof vote, or Congress can choose not to fund it."

The report is part of a

larger project, the Presidential Climate Action Project,

which has created "a bold, comprehensive and non-partisan plan for presidential

leadership rooted in climate science," according to its Web site, www.climateactionproject.com.

A link to the CU report can be found at www.colorado.edu/law/eesi.


TOPICS: Business/Economy; Constitution/Conservatism; Extended News; Government
KEYWORDS: agw; goreenron

1 posted on 04/10/2008 12:15:50 PM PDT by Shermy
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To: Shermy

I was just thinking that we need the government to start legislating climate change. It does such a good job in other matters.


2 posted on 04/10/2008 12:17:51 PM PDT by GSWarrior (Hungry people make poor shoppers)
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To: xcamel; calcowgirl

“We’re defining the playground in which the president can play,” said Alaine Ginocchio, lead author of the paper.

Lemme guess...install the cap and trade monstrosity by calling it an emergency measure!

I’d like to know the major donors of this CU “project.” Merrill Lynch? Lehman Bros?


3 posted on 04/10/2008 12:18:12 PM PDT by Shermy
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To: Shermy

We are so screwed.


4 posted on 04/10/2008 12:18:21 PM PDT by Liberty Valance (Keep a simple manner for a happy life)
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To: Shermy

Have to fast track it because soon the truth will be out and the fraud exposed. Snowiest winter here in a century, terrible cold rainy spring and still these idiots insist the planet has a fever. Solar cycle 24 still on vacation boys, if mr. sun doesn’t start up soon we could be facing an ice age!


5 posted on 04/10/2008 12:20:36 PM PDT by milwguy (........)
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To: Shermy

“Stroke of the pen. Law of the land. Kinda cool.”
—Clinton presidential aide Paul Begala, July 1998

The arrogance of the Left knows no bounds.


6 posted on 04/10/2008 12:25:14 PM PDT by vikingd00d
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Same story, different place.

http://yubanet.com/usa/Next-President-Will-Have-Ample-Authority-to-Act-on-Climate-Change-New-Study-Finds.php

Next President Will Have Ample Authority to Act on Climate Change, New Study Finds

Measures the president could implement under executive authority include:

— A cap-and-trade system for carbon emissions;

— Limits on greenhouse gas emissions for the nation’s largest energy consumer, the federal government;

— Specific targets for federal agencies to reduce their greenhouse gas emissions;

— A program to use the federal procurement system to create a vast new market for climate-friendly goods and services;

— Agreements with other nations to further international collaboration on climate action, and;

— New national goals and timetables for improving energy efficiency, increasing the use of renewable energy resources, reducing petroleum consumption and implementing other climate-critical actions.

The full study can be found at:
http://www.climateactionproject.com/docs/CEES_PCAP_Report_Final_Feb_08.pdf

The Presidential Climate Action Project is a nonpartisan initiative of the Wirth Chair at the University of Colorado Denver School of Public Affairs. The project, which is advised by a coalition of climate scientists and policy experts, released a preliminary action plan last December proposing more than 300 presidential actions that could be initiated within 100 days of taking office.


7 posted on 04/10/2008 12:27:52 PM PDT by Shermy
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To: Shermy
...University of Colorado law school... worked full time for nearly six months on a project that could help the next U.S. president make sweeping climate-change policies -- fast.

Sounds like a prescription for finishing off the economy -- fast.

8 posted on 04/10/2008 12:32:36 PM PDT by E. Pluribus Unum (Islam is a religion of peace, and Muslims reserve the right to kill anyone who says otherwise.)
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To: Shermy

FReepmail me to get on or off


Click on POGW graphic for full GW rundown

New!!: Dr. John Ray's
GREENIE WATCH

The Great Global Warming Swindle Video - back on the net!! (click here)

Ping me if you find one I've missed.


I may be out of contact for the next 2 weeks - 50/50 chance of network access at my place in Mexico.
9 posted on 04/10/2008 12:33:39 PM PDT by xcamel (Forget the past and you're doomed to repeat it.)
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To: Shermy

>>>>>the authority the next president could use to introduce global-warming policies without waiting for legislation

Some ideas.

-Mileage limits per family.

-Metered Water Allowances including toilet flushes.

-Electricity cutoffs after a certain point.

-State limits on number of applicances per household.

Give me time, I’ll think of more.


10 posted on 04/10/2008 12:33:57 PM PDT by swarthyguy (Osama Freedom Day: 2500 or so since September 11 2001!)
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To: Shermy
I don't understand by what authority does a President issue Executive orders? They carry the weight of law as if they were legislation, yet are not passed by the Congress.

Article I. Section 1. US Constitution:

All legislative powers herein granted shall be vested in a Congress of the United States, which shall consist of a Senate and House of Representatives.

Yet I can find no authority for EO's. Can any out there offer me some help and guidance?

11 posted on 04/10/2008 12:38:48 PM PDT by deuteronlmy232 (And people think a theocracy is bad? Try taxation with representation.)
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To: Shermy
Well I can see the next president using this power because they're all on the same page regarding the global warming cult.
12 posted on 04/10/2008 1:05:08 PM PDT by isrul (Help make every day, "Disrespect a muzzie day.")
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To: Shermy

Hurry up and get us our millions before the truth comes out that Global Warming is a big sham.


13 posted on 04/10/2008 1:21:48 PM PDT by moondoggie
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To: Shermy

The worthless f#$king parasites pushing this crap want it fast-tracked to they can scam huge amounts of money before everybody realizes it’s all bullshit and a scam.


14 posted on 04/10/2008 1:52:17 PM PDT by lesser_satan (Vote McCain - The Choice who Sucks Less!)
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To: milwguy

That’s what I was thinking.

It’s becoming apparent that Global Warming is a fraud whose intent is simply to implement global socialism,

so they have to get the laws into place before the gig is up.


15 posted on 04/10/2008 1:53:44 PM PDT by MrB (You can't reason people out of a position that they didn't use reason to get into in the first place)
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To: deuteronlmy232
I don't understand by what authority does a President issue Executive orders? They carry the weight of law as if they were legislation, yet are not passed by the Congress.

Executive orders, unlike laws, apply only to the executive branch of the federal government. While EOs may affect how the executive branch interacts with the country, they do not apply directly to anyone outside of the executive branch.

16 posted on 04/10/2008 2:00:12 PM PDT by Bob
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To: OKSooner; honolulugal; Killing Time; Beowulf; Mr. Peabody; RW_Whacko; gruffwolf; BlessedBeGod; ...

POGW - arrgh! losing mind already...
Please see ping graphic above.


17 posted on 04/10/2008 2:01:47 PM PDT by xcamel (Forget the past and you're doomed to repeat it.)
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To: Shermy

And the lawyers are giving that same Administration the tools for implementing socialism.


18 posted on 04/10/2008 3:33:58 PM PDT by LiteKeeper (Beware the secularization of America; the Islamization of Eurabia)
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To: Shermy; rdl6989; IrishCatholic; Delacon; TenthAmendmentChampion; Horusra; CygnusXI; Fiddlstix; ...
 




Beam me to Planet Gore !

19 posted on 04/10/2008 4:33:26 PM PDT by steelyourfaith
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To: Bob
Executive orders, unlike laws, apply only to the executive branch of the federal government. While EOs may affect how the executive branch interacts with the country, they do not apply directly to anyone outside of the executive branch.

But where does the authority come from. Certainly not the Constitution. And what about when the EO effects or has the potential to effect every man, woman, and child in the country such as EO 11490?

And while I know that much of 11490 has been repaled or amended, it is still around only in many EO's instead of one.

20 posted on 04/10/2008 5:19:21 PM PDT by deuteronlmy232 (And people think a theocracy is bad? Try taxation with representation.)
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