Obama Raises Eyebrows with Executive order Revising Authority to Nationalize Resources for Defense
President Obama's signature on an executive order that updates presidential authority to take control over national defense resources in time of emergency has legal minds arguing over whether the White House is trying to expand power or merely organize rules 18 years in the making.
The executive order, signed late Friday, revokes an earlier order put in place by President Bill Clinton in 1994 and says any other previously issued orders or rulings by previous presidents shall remain in effect unless they are inconsistent with the new order.
The purpose of the order, according to its contents, is to make sure the U.S. is prepared to mobilize technological and industrial resources "capable of meeting national defense requirements" and ensure "technological superiority of its national defense equipment in peacetime and in times of national emergency."
It orders Cabinet agencies to determine military and civilian staffing and evaluate access to resources like suppliers, materials, skilled labor and professional and technical personnel. It also is intended to ensure the U.S. government is prepared "in the event of a potential threat to the security of the United States."
The executive order gives the homeland security secretary authority to issue guidance to other department heads to establish and activate a National Defense Executive Reserve (NDER) composed of experts in the private and public sector -- though not full-time federal employees -- to fill executive positions in the federal government in the event of a national defense emergency.
That includes employing consultants or other experts without compensation. The labor secretary can also begin training workers to help address national defense requirements.
The order scopes out the different roles of the National Security Council, Homeland Security Council and National Economic Council in advising the president -- giving the secretary of homeland security authority to provide for the central coordination of the plans and programs delegated under the order.
It also gives authority to the secretary of Commerce to determine how to get the industrial base to support the national defense and meet defense program needs. The Agriculture Department will take care of food resources while the Defense Department will handle water resources in addition to its military role. The heads of the Energy, Health and Human Services and Transportation departments also are responsible for their jurisdictions.
The order notes that unless determined otherwise by the president or his national security adviser, the authority "may be used only to support programs that have been determined in writing as necessary or appropriate to promote the national defense."
This order came on the heals of another presidential order a few days prior that reiterated the United States' "national emergency" stance toward Iran -- a rather routine measure that has been repeated every year since 1995 but that might have caused some confusion.
Several legal eagle bloggers say there's nothing to fear.
"There is enough that Obama actually does wrong without creating claims which do not hold up to scrutiny," wrote William Jacobson, associate clinical professor of law at Cornell Law School and blogger for the Legal Insurrection blog.
The executive order, signed late Friday, revokes an earlier order put in place by President Bill Clinton in 1994 and says any other previously issued orders or rulings by previous presidents shall remain in effect unless they are inconsistent with the new order.
The purpose of the order, according to its contents, is to make sure the U.S. is prepared to mobilize technological and industrial resources "capable of meeting national defense requirements" and ensure "technological superiority of its national defense equipment in peacetime and in times of national emergency."
It orders Cabinet agencies to determine military and civilian staffing and evaluate access to resources like suppliers, materials, skilled labor and professional and technical personnel. It also is intended to ensure the U.S. government is prepared "in the event of a potential threat to the security of the United States."
The executive order gives the homeland security secretary authority to issue guidance to other department heads to establish and activate a National Defense Executive Reserve (NDER) composed of experts in the private and public sector -- though not full-time federal employees -- to fill executive positions in the federal government in the event of a national defense emergency.
That includes employing consultants or other experts without compensation. The labor secretary can also begin training workers to help address national defense requirements.
The order scopes out the different roles of the National Security Council, Homeland Security Council and National Economic Council in advising the president -- giving the secretary of homeland security authority to provide for the central coordination of the plans and programs delegated under the order.
It also gives authority to the secretary of Commerce to determine how to get the industrial base to support the national defense and meet defense program needs. The Agriculture Department will take care of food resources while the Defense Department will handle water resources in addition to its military role. The heads of the Energy, Health and Human Services and Transportation departments also are responsible for their jurisdictions.
The order notes that unless determined otherwise by the president or his national security adviser, the authority "may be used only to support programs that have been determined in writing as necessary or appropriate to promote the national defense."
This order came on the heals of another presidential order a few days prior that reiterated the United States' "national emergency" stance toward Iran -- a rather routine measure that has been repeated every year since 1995 but that might have caused some confusion.
Several legal eagle bloggers say there's nothing to fear.
"There is enough that Obama actually does wrong without creating claims which do not hold up to scrutiny," wrote William Jacobson, associate clinical professor of law at Cornell Law School and blogger for the Legal Insurrection blog.
