With Obama’s recent “compromise” on not raising taxes for anyone, much has been said about the possibility that Obama, like Clinton before him, is moving to the center. He isn’t, he doesn’t have to, and he doesn’t need Congress to accomplish his agenda.
As Jim talked about this morning, (and posted on earlier), yesterday, the Federal Communications Commission by rule passed “net neutrality”. This was done in spite of the fact that Congress by an overwhelming majority, has already determined that it would not give the FCC power over the Internet. And, in spite of the fact that a Federal District Court in April of this year ruled that the FCC did not have the power to regulate the Internet, Obama, through the FCC, “made it so.”
Given that the House is now controlled by Republicans, this is just the beginning. Congress refused to pass Cap and Trade, so, Lisa Jackson, Obama’s appointee to head the EPA has decided that she will implement pieces of that failed legislation on her own.
Under the Clean Air Act, the EPA’s national office chooses priorities, but state regulators run the relevant programs and issue the necessary permits. When orders from HQ change, as with carbon over the last year, states [by law] get three years to revise their ‘implementation plans’. But in August, Ms. Jackson decided that the law posed too long a climate wait and decreed that if the plans aren’t updated by an arbitrary January 2011 deadline, her office will override the states and run the carbon permitting process itself. [emphasis supplied]
Of course, the EPA doesn’t have the trained personnel to do so, and, thus, all permitting of new refineries, and
any kind of carbon-heavy utility, industrial production, manufacturing plant or even large office buildings
will cease. The state of Texas is now suing the EPA as it estimates 167 current projects “would have to be junked in 2011”.
And on to the National Labor Relations Board. Two things are of note here. In March, Obama, in a recess appointment, named Craig Becker to the NLRB. A recess appointment was necessary as Democrats in the Senate refused to confirm him. The refusal was based, among other things, on the fact that Mr. Becker believed that the NLRB had the power to edict card check even if Congress refused to pass legislation approving card check.
So, in August, the NLRB decided to rehear a 2007 decision in Dana Corp. If the NLRB, under Mr. Becker’s “leadership”, decides to reverse that decision, voila, the unions will have card check.
As the next two years wear on, I suspect that we will see more and more administrative “edicts” that will accomplish what the hard core Obama supporters want. Is it legal? Of course not, but why waste your time with Congress when one of your agencies can simply “legislate” your agenda? By the time the courts declare these actions illegal, the damage will be done.