Subject: URGENT - Federalism (fwd)
Date: Tue, 21 Jul 1998 144835 -0500 (CDT)
From: "Roy L. Beavers" <rbeavers@llion.org>
To: emfguru@hotmail.com
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---------- Forwarded message ----------
Date: Tue, 21 Jul 1998 15:24:04 -0400
From: Bdumpe@worldbank.org
To: rbeavers@llion.org
Subject: URGENT - Federalism
Roy: Please broadcast this e-mail. It is of vital importance.
*** BIG GUNS MOVING OUR WAY. Are there attorneys in the house? ***
Definitions (for convenience):
1. Federal government: Is formed by a compact between political units that
surrender their individual sovereignty to a central authority, but keep
limited residual powers of government.
2. Federalism: Distribution of power in an organization (as a government)
between a central authority and the constituent units.
Federalism may soon be passé if President Clinton prevails in approving the
following Order:
Executive Order No. 13083 titled, Federalism, was created in May 1998 and
is to be signed (within 90 days) into law by President Clinton in August
1998.
Where telecommunications is concerned this Order may negate local
authority, and deprive citizens of the liberties now afforded State and
local governments under the US Constitution. This could mean that the
Telecom Act of 1996 may supersede local laws, prevent enactment of new
legislation by State and local governments, and allow microwave towers to
be placed anywhere. In essence, the Order will allow the federal government
to preempt the authority of States and municipalities, thus forbidding them
to even whimper about the construction of towers and thereby be forced to
permit the placement of structures and microwave antennas wherever industry
chooses.
Executive Order
13083 Federalism: Abolishes the 10th Amendment to the Constitution that
reserves to the States, and people, all powers not expressly
delegated to the Federal Government. Under Clinton's new
Executive Order,
WHICH WILL GO INTO EFFECT on 14 August 1998, State and local
authority will be revoked wherever local laws [eg, local ordinances
limiting tower construction] would undermine federal regulation
goals.
(Interpretation and Source of information on Order 13083: James Davidson;
Clinton column, Strategic Investment, Mid-year Review of Strategic
Assessments; July 1998.)
The information in Davidson?s column is available on
www.strategicinvestment.com if you subscribe to Strategic Investment, a
publication limited to attorneys, investors, and other interested parties.
But what I?ve written is verbatim as to what Davidson wrote in the
magazine. So it?s hardly worth subscribing unless, of course, you always
wanted the publication. I have the Order for attorneys who want it (4 pages
on legal paper).
JUST PICKED UP EXECUTIVE ORDER 13083 FROM THE WHITE HOUSE. IT IS CAUSE FOR
ALARM.
Note: An Executive Order of the President must find support in the
Constitution, either in a clause granting the President specific power or
by a delegation of power by Congress to the President. (See 343 US579,
Antican Modern Constitution Law, Section 13:24, 1969.)
Executive Order 13083 will supplement, but not supersede, the requirements
of Executive Order 12966 (Regulatory Planning and Review, Executive Order
12988 (Civil Justice Reform), and Office of Management & Budgets Circular
A-19. It will be enforced within 3 weeks (August 14, 1998). State and local
governments must be informed. If Congress did not give Clinton the power to
implement this Order, he must be relying on some phrase in the Constitution
for the justification of relieving States and local governments of residual
power.
Archive provided courtesy of WaveGuide, http://www.wave-guide.org
Reprinted with permission of Roy Beavers, http://www.feb.se/EMF-L/EMF-L.html