Executive power: overreaching, overzealous, dream-dashing

From Conservative Action Alerts - by Marita Noon - President Obama is in trouble with his usual allies, not to mention his ever-ready opponents, over two recent acts of excessive executive power: the Bergdahl prisoner swapand the new CO2 regulations announced on Monday, June 2.
     Senator Diane Feinstein (D-CA), Senate Intelligence Committee chairman, has been publicly critical of the administration’s decision not to adhere to a law requiring 30 days’ notice to Congress before releasing detainees from the Guantanamo Bay facility in Cuba. Bloomberg reports: “she’s not convinced there was a ‘credible threat’ against the life of freed Army Sergeant Bowe Bergdahl that motivated the White House to keep its plans secret.”
     Regarding the CO2 regulations, Senator Mary Landrieu (D-LA), Senate Energy and Natural Resources Committee chairman, has come out against the president’s approach, saying: “This should not be achieved by EPA regulations. Congress should set the terms, goals and timeframe.”
      Representative Nick Rahall (D-WV), who, like Landrieu is in a tough reelection fight, has come out with even stronger opposition to the president’s plan calling it: “Overreaching, overzealous, beyond the legal limit.” Rahall says the actions of the EPA “have truly run amok.”
     Both stories have dominated the news cycle for the past week. Yet, just a couple of weeks earlier, another story of executive overreach got little coverage and the affected allies stood by the President’s side as he signed an order creating, what the Washington Post called: “the largest national monument of the Obama presidency so far.”
     After years of heated local debate and despite polling that shows the people are not behind the president, on May 21, Obama declared the Organ Mountains-Desert Peaks region of New Mexico, nearly 500,000 acres, a national monument—his eleventh such designation “so far.” Senators Tom Udall and Martin Heinrich, and Representative Ben Ray Lujan, (all D-NM) were present at the signing ceremony. The official Department of the Interior photo shows each of them with big smiles as they look on.
     They should be happy. Udall and Heinrich had previously proposed similar federal legislation. Praising the president’s effort, Udall said: “The president’s decision finally puts into motion a plan that began with the people of southern New Mexico, who wanted to ensure these special places would continue to be available for local families and visitors to hike, hunt and learn from the hundreds of significant historic sites throughout the area for generations to come.”
     But not everyone is smiling. The Las Cruces Sun-News (LCSN) reports: “Republican Rep. Steve Pearce, whose congressional district covers the region, issued a statement taking issue with Obama’s use of the 1906 U.S. Antiquities Act, saying monuments created under it are supposed to cover only the ‘smallest area compatible’ with the designation. He contended the approval ‘flies in the face of the democratic process.’” Pearce’s statement says: “This single action has erased six years of work undertaken by Doña Ana County ranchers, business owners, conservationists, sportsmen officials and myself to develop a collaborative plan for the Organ Mountains that would have preserved the natural resource and still provided future economic opportunities.” More

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