Using terminology like “…represents a substantial, multi-billion-dollar private investment in our Nation’s energy infrastructure…” it’s difficult to see how an Executive Order can fall into the gray-zone of being unconstitutional, but two of President Trump’s orders appears to be tippy-toeing in that area. While hating to be the bearer of bad news, let’s begin with a quick look at the background of Executive Orders.
The Executive Order is designed to be used by the President of the United States to constitutionally maintain the agencies that fall under the Executive Branch of the federal government. When the U.S. Constitution was first ratified, there were only four agencies as opposed to the 16 we have today.
These agencies have been created by law through Congress. The idea behind each creation was to make government run in a more practical and less bureaucratic manner. However, what Congress created instead are agencies that now usurp the very body by which it was created, meaning they place more Legislative power under the Executive branch.
Reviewing the order reinstating the construction of the Keystone Pipeline is a case in point. This creates preferential treatment of a corporation, a foreign one at that, over the individual, which goes against everything in the Constitution.
As for the Dakota Access Pipeline, we again see that the corporation favored over the individual in violation of the Constitution. This isn’t meant as support for those protesting the pipeline, rather the rancher who build a stock pond on his land and is now in jail for supposedly damaging the environment.
In April 2016, 77-year-old disabled veteran and Montana rancher Joseph David Robertson was convicted on two counts of ‘unauthorized discharge of pollutants into waters of the United States causing damage to public lands’ and one count of ‘injury or depredation of United States property.’ He was later sentenced to 18 months in federal prison and ordered to pay $130,000 in restitution.
So, contrary to the Obama administrations assertion, we cannot have the federal government picking winners and losers. We allowed this to happen one with all the so-call stimulus money being floated around that it damned near destroyed our entire economy.
We must stay vigilant, holding ourselves to the highest of standards in the land.