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- Newsgroups: misc.legal
- Path: sparky!uunet!cs.utexas.edu!uwm.edu!linac!att!princeton!phoenix.Princeton.EDU!niepornt
- From: niepornt@phoenix.Princeton.EDU (David Marc Nieporent)
- Subject: Re: executive orders
- Message-ID: <1993Jan25.010017.13586@Princeton.EDU>
- Originator: news@nimaster
- Sender: news@Princeton.EDU (USENET News System)
- Nntp-Posting-Host: phoenix.princeton.edu
- Organization: Princeton University
- References: <1993Jan24.060929.11298@athena.mit.edu> <1993Jan24.071407.2582@midway.uchicago.edu>
- Distribution: usa
- Date: Mon, 25 Jan 1993 01:00:17 GMT
- Lines: 52
-
- In <1993Jan24.071407.2582@midway.uchicago.edu> thf2@midway.uchicago.edu writes:
- >In article <1993Jan24.060929.11298@athena.mit.edu> jfc@athena.mit.edu (John F Carr) writes:
-
- >> 1. "ethics rules" for his advisors prohibiting them from lobbying
- >> for 5 years after leaving government.
-
- >>When corporations try this, the courts don't allow it. Does Clinton have
- >>the authority to indefinitely restrict former employees from working in a
- >>certain field? (He said 5 years, but how is that legally different from 50
- >>years, or forever?) What's the punishment for violating this rule?
-
- >I've been wondering about the legal enforceability of this, also.
-
- >> 2. reversal of ban on abortion counseling at federally funded clinics
-
- >>I thought this was a law, not a regulation? Or is there a law that
- >>authorizes but does not require such restrictions? I know Congress tried to
- >>reverse the ban but failed.
-
- >Nope, it was a regulation, one authorized, but not required, by existing
- >legislation. Congress tried to rewrite the law so that it would no longer
- >countenance the regulation, but couldn't get the two-thirds to override
- >Bush's veto.
-
- Um, Ted, it was "authorized" only in the loosest definition of the word.
- The law forbid using federal funds for abortions, and HHS reinterpreted
- this to forbid even mentioning abortions in those clinics.
-
- But this was a ridiculous twist of Congressional intent, as far as I can
- tell. And the fact that no one ever came up with this interpretation
- until recently provides some evidence of this. Not even the Reagan
- administration tried this tactic.
-
- >> 3. end to ban on gays in military
-
- >>The reports on this issue that I heard last year said this would require an
- >>act of Congress. Would a Clinton order preventing enforcement of the
- >>anti-gay regulations be illegal?
-
- >Truman desegregated the military with an EO. The President is Commander-
- >in-Chief, constitutionally, which I would think gives him a great deal of
- >discretion over the whole thing, but that's just an educated guess.
-
- As I understand it, the UCMJ rule which forbids sodomy could only be
- overturned by Congress, but the regulations against allowing gays in the
- military at all can be overturned by an EO.
-
- --
- David M. Nieporent | "We don't need anymore [sic] wretched refuse. It's
- niepornt@phoenix. | time to send the Statue of Liberty somewhere else"
- princeton.edu | -- Jack "Not a bigot" Schmidling, 1/7/93
- Baltimore Orioles 93 |
-