“The authority of the President … to require acceptance and priority performance of contracts or orders (other than contracts of employment) to promote the national defense over performance of any other contracts or orders, and to allocate materials, services, and facilities as deemed necessary or appropriate to promote the national defense, is delegated to the following agency heads … [including] the Secretary of Energy with respect to all forms of energy.”
In preparing a list for MasterResource of federal energy policy reforms to free Alaska, and thus bolster America’s economy, I came across an Executive Order (E.O.) signed by the President last month with little or no fanfare. His new authority empowers him, in certain circumstances, to assume control over the energy industry—along with the rest of the economy.
Such executive branch power puts Congress and the courts in an inferior position. It also creates a new anti-production risk in addition to current federal policy regarding lease sales; ocean policy; ANWR; OCS; and arbitrary and capricious application of the Endangered Species, Clean Water and Clean Air acts.
Obama would have to declare martial law to enact this policy. The delegation makes little sense, though, except to ensure sufficient supply of oil to the military.
This in itself isn’t that bad a policy, but I want a direct ability of COngress to override. In short, this should be codified in law., and I highly doubt that it can be enacted by a mere executive order.
There are a lot of things that they are trying to do by “executive order” that are not constitutional. The question is will Congress and the courts let them get away with it. They obviously are oblivious to the term “Separation of Powers”.