Tag: executive order

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Accountability national politics & policies

Robot Signatures Rule!

Joe BIden, autopen

“I’ve got a pen,” said Barack Obama, famously, “and I’ve got a phone; and I can use that pen to sign executive orders and take executive actions and administrative actions that move the ball forward.…”

There has been a lot of talk, recently, about the danger posed by Donald J. Trump’s executive orders. Understandable, but no matter how dangerous an imperial president may be, the one thing you cannot say about the “use of the pen to sign executive orders” is that it is unprecedented.

But there’s one kind of pen that is somewhat … problematic: the autopen.

It’s a signing machine.

The first was called the “polygraph,” invented by John Isaac Hawkins in 1803; President Thomas Jefferson was an enthusiastic user.

Today’s autopen is much advanced. Regular people probably use something like it to file their taxes, or use it regularly on legal documents in PDF form, but the presidential autopen is more secure. Or is supposed to be.

In 2005, the Bush legal team decided it was hunky dory to use an autopen to “sign” documents when the president is out of the country. What matters, the lawyers reasoned, was presidential intent.

Since then, all three presidents have used an autopen. 

But Joseph Robinette Biden, Jr., used it to sign nearly everything. 

Or so alleges The Heritage Foundation’s Oversight Project. “The organization’s assertion points to a pattern whereby all documents featuring Biden’s signature, except for the one announcing his withdrawal from the presidential race last year, utilized the autopen,” reports Christina Davie. “These claims raise questions about presidential authenticity and executive authority.”

As that Bush era report makes clear, it’s presidential intent that matters. And in the case of the 46th president, we know that he did not remember ever signing at least a few of his executive orders.

As the Oversight Project makes clear in its report title, “Whoever Controlled the Autopen Controlled the Presidency.” I wonder, was it Jill Biden? Or one of the named triumvirate of Biden cronies?

This is Common Sense. I’m Paul Jacob.

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First Amendment rights national politics & policies

A Free Speech Order

“Will President Trump be a free speech president?”

On January 21, David Keating, president of Institute for Free Speech, asked this question. And he refers the reader to his Wall Street Journal op-​ed published last month in which he offered suggestions about how to stop the federal government from censoring people via social media or in other ways.

The new president sure seemed to get off to a good start restoring the First Amendment. One of his thirty or so executive orders signed on the 20th, his first work day, is entitled “Restoring Freedom of Speech and Ending Federal Censorship.”

Section 2 says that it is U.S. policy to “secure the right of the American people to engage in constitutionally protected speech,” ensure that no federal employee or agent “engages in or facilitates” unconstitutional abridgement of speech, and “identify and take appropriate action to correct past misconduct by the Federal Government related to censorship of protected speech.”

Section 3 says no federal employee or department may act in a manner inconsistent with Section 2.

Maybe this broad order needs to be supplemented with many more specific orders that say: Really. Don’t engage in censorship here or there or anywhere.

This is where specific suggestions like Mr. Keating’s come in handy, such as preventing the IRS from penalizing taxpayers for criticizing political candidates, repealing SEC limits on political donations, and instituting specific regulations to “force disclosure of most government contacts with social-​media organizations asking to take down third-​party posts,” thereby scuttling most future such contacts.

It’s a start. Let’s keep going.

This is Common Sense. I’m Paul Jacob.

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general freedom national politics & policies too much government

Central Planning, Clarified

Last Friday, the President of the United States signed an Executive Order on “National Defense Resources Preparedness,” and it’s gotten no small amount of attention. It seems to commandeer the entire economy — pretty much anything the government needs — in cases of a presidentially (not congressionally) declared “emergency.”

The powers are vast.

The checks and balances, vague.

The whole thing is matter-​of-​fact, sporting that business-​as-​usual style we’ve come to know and … view suspiciously. A few clauses at the end of the document build up to a sort of finale of weirdness with this clarification: “This order is not intended to, and does not, create any right or benefit, substantive or procedural, enforceable at law or in equity by any party against the United States, its departments, agencies, or entities, its officers, employees, or agents, or any other person.” It may be about “national security,” but the government has certainly protected itself. Against us.

Reasons for angst? Yes.

But the angst should not be conceived as new.

Economic historian Robert Higgs, writing for The Independent Institute, notes our long history of what he calls “fascist central planning.” Citing his own milestone work Crisis and Leviathan, he fingers warfare as the major rationale behind the centralization of power and industry. Under the Defense Production Act of the Truman Era, “the president has lawful authority to control virtually the whole of the U.S. economy whenever he chooses to do so and states that the national defense requires such a government takeover.”

It’s breathtaking. It’s sweeping. It’s almost ancient.

And it shows how important actual peace is to our freedoms, our property rights, our very lives.

This is Common Sense. I’m Paul Jacob.