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The Obama Watch

Obama’s Regulatory Excess and Abuse

It’s been a cynical, radical transformation — as now chronicled in the aptly titled Democracy Denied.

The critique of Obamanomics has focused primarily on the runaway spending, taxes, deficits and debt, and the throwback monetary policies at the Fed. But Phil Kerpen, Vice-President for Policy at Americans for Prosperity, has now fully complemented that with a thorough exposé of Obama’s regulatory excess and abuse in his just published new book, Democracy Denied: How Obama Is Ignoring You and Bypassing Congress to Radically Transform America — and How to Stop Him.

The theme is “democracy denied” because after the blowout Republican landslide of 2010 Obama refused to listen to the people and did not even consider changing course from the most left-wing policies of any President in U.S. history. Instead, he just pivoted to bypassing the Congress the people elected and maximizing instead the vast regulatory powers of the Executive Branch.

For example, since cap and trade legislation obviously no longer had any prayer of getting through Congress (even the overwhelmingly Democrat Congress of 2009-2010 wouldn’t pass it), Obama said after the election, “Cap and trade was just one way of skinning the cat; it was not the only way. It was a means, not an end.” I took that as a personal threat. You should too.

But Obama is going beyond even maximizing Executive Branch regulatory powers. His established pattern and practice now includes exceeding statutory authority, ignoring court rulings to rein him in, and breaking agreements with Congress, as Kerpen documents.

Obama’s Flower Power Energy Policy

Kerpen powerfully illustrates this with a thorough discussion of Obama’s regulatory abuses and excesses on energy policy, just one example of many in the book. Shortly after Obama took office, his Interior Secretary Ken Salazar “canceled land leases for energy development on 77 parcels of land in Utah. Then he canceled a pending oil-shale lease sale based on his expert judgment that it ‘didn’t meet the smell test.’” Kerpen adds, “Overall there has been a steep drop-off in leasing on federal lands….2010 saw a 79 percent drop in leasing in Colorado, Montana, New Mexico, North Dakota, Utah, and Wyoming from 2005. Total onshore royalties dropped 33 percent in just two years.”

Even more virulent is the Obama Administration’s attack on coal, which the President seems to have targeted for quick phaseout, even though we have the world’s most expansive coal reserves, offering 200 years of inexpensive energy. Kerpen writes:

The Interior Department’s Office of Surface Mining Reclamation and Enforcement is pursuing tight restrictions on coal mining under a so-called “Stream Protection Rule” that the agency admits would destroy 7,000 of the country’s 81,000 coal-mining jobs. The EPA has virtually shut down mountaintop removal mining in Appalachia using guidance documents….[S]aid Luke Popovich of the National Mining Association, “That is tantamount to saying the intent is to strictly limit coal mining in Appalachia.”

After the 2010 electoral blowout, the left-wing Center for American Progress (CAP) was immediately ready with a 53-page report on how Obama could use federal regulatory powers to continue “progressive” left-wing policies, regardless of what the voters had just said. Kerpen described the results for the coal industry: “Many of the EPA actions urged by the [CAP] report are already underway at the EPA and are referred to in the energy industry as the ‘train wreck’ because they seek to massively burden the coal industry with enough regulations to bankrupt it.” As Obama explained his regulatory policies during the campaign to what he thought was a closed-door meeting among left-wing extremists, “So, if somebody wants to build a coal plant, they can — it’s just that it will bankrupt them.”

Public outrage over soaring gas prices in 2008 forced both Congress and the Bush Administration to repeal the ban on offshore drilling. Kerpen reports, “The pressure on [candidate] Obama was so intense that he even reversed his opposition, claiming on August 1, 2008, that he would support offshore drilling under some circumstances.” But that just turned out to be more Obama calculated deception, which I knew at the time. Kerpen explains:

Salazar’s first public policy statement, just weeks after being confirmed… focused on stopping the opening of the outer continental shelf…. The policy stance of the Obama Administration throughout 2009 — a year of severe economic weakness — was to ignore the overwhelming desires of the American people and do nothing to move forward on the no-cost, genuine, stimulus policy of allowing access to offshore oil and gas.

Current government estimates of America’s offshore oil reserves project that they are sufficient to replace all imported oil from Saudi Arabia for 30 years, and such initial estimates usually involve just a fraction of the oil to be found once exploration and drilling starts. But Obama does support offshore drilling — in Brazil, at the expense of American taxpayers. He announced in April 2009 a $2 billion U.S. loan guarantee for Brazilian offshore drilling, offering the aspiration for America to be Brazil’s best customer.

In March 2010, Obama announced a supposed offshore drilling plan, to great fanfare celebrated by the Democrat captive media (e.g. the New York Times). But that just turned out to be more calculated deception as well. Kerpen explains, “He was promising to allow a limited lease sale for waters beyond 50 miles — past where geologists think most of the oil is.” The plan actually involved, Kerpen further explains, reimposing the offshore ban within 50 miles along the East Coast, and entirely north of Delaware and on the entire West Coast. It was even accompanied by canceling five lease sales in Alaska.

Outright lawlessness occurred in the offshore drilling moratorium imposed by Obama’s Interior Department in response to the 2010 Gulf oil spill. Kerpen recounts that Obama appointed an expert task force to make recommendations concerning how the federal government should respond to the spill. The task force report featured a recommendation for a six-month moratorium on all deepwater drilling activities. But as Kerpen explains, “the recommendation for a moratorium was not supported by the authors of the task force report.” Task force authors wrote in a letter to Louisiana Governor Bobby Jindal and Senators David Vitter and Mary Landrieu:

[W]e are concerned that our names are connected with the moratorium as proposed in the executive summary of the report. There is an implication that we have somehow agreed to or “peer reviewed” the main recommendation of that report. This is not the case….[T]he scope of the moratorium on drilling which is in the executive summary differs in important ways from the recommendation in the draft which we reviewed. We believe the report does not justify the moratorium as written and that the moratorium as changed will not contribute measurably to increased safety and will have immediate and long-term economic effects.

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About the Author

Peter Ferrara is Director of Entitlement and Budget Policy at the Heartland Institute, General Counsel of the American Civil Rights Union, Senior Fellow at the National Center for Policy Analysis, and Senior Policy Advisor on Entitlements and Budget Policy at the National Tax Limitation Foundation. He served in the White House Office of Policy Development under President Reagan, and as Associate Deputy Attorney General of the United States under President George H.W. Bush.

Letter to the Editor View all comments (40) |

ENOUGH ROPE| 10.26.11 @ 6:35AM

Obama's agenda is to destroy the U.S.A by any means, which he is doing. Let's hope whistleblowers come forth after the election to prove that Obama was ineligible to be president. Common sense would require all of Obama's laws, orders, and appointments to be rescinded. But, then there is the law, so who knows?

Have you considered| 10.26.11 @ 7:24AM

ERope, you make a good point, but I don't believe that any laws, orders or regulations will be rescinded.

The GOP simply does not have the fortitude to accomplish this.

Passing of the REINS Act was part of the 2010 Pledge to America....10 months later we are still waiting....I have to wonder why.

The landslide victory election of 2010 has turned out to be a hollow victory indeed.

TrueBlue| 10.26.11 @ 3:12PM

It passed the Judiciary House Committee awhile ago but got stalled. I know they've included it in both of their most recent Jobs bills, but both of them got stalled when they hit the DEMOCRAT-CONTROLLED Senate. This was back in May, but the MSM avoided giving it any coverage.

USSAlabama| 10.26.11 @ 12:26PM

Good review by Mr. Ferrara. Needs to be made into a campaign ad.

An article on AT today lists even more of the lawless deeds of this human crap.

http://www.americanthinker.com.....f_law.html

As well, some had expressed interest in how G Beck had predicted OWS - he has made that free:
http://www.glennbeck.com/2011/.....-for-free/

Stammon| 10.26.11 @ 7:06AM

Why would anyone be surprised at Obama's perfidy? When he accepted federal election funds I knew he was a liar and a cheat. He still is.

Dick Nome| 10.26.11 @ 10:30AM

Better go check up on your facts. Unless I am mistaken, he didn't take Federal Election funding. McCain did much to his chagrin. Obama stuck that on up his naive rear-end along with McPain-Feingold.

Lee Ghume| 10.26.11 @ 3:57PM

You are not mistaken, Barry promised to accept Federal funding early in the campaign. When record amounts began filling the chosen coffers, our saviour bailed out and said he was going to spend the filthy lucre that he received from China, Saudi Arabia, Cuba, Russia, among others.

markenoff| 10.27.11 @ 4:41AM

His lie was to say that he would accept federal matching funds for his election efforts. But once it became clear he would be able to raise significantly more from unions and Wall Street than the total amount of his restricted contributions and the federal match he renigged (can I say that?) on his promise.

But he is good at breaking promises....most transparent administration in history, close Gitmo, end renditions etc. But at least there is a President who is paying attention to all 57 states and who is learning Austrian.

big bob| 10.26.11 @ 7:06AM

There should be more on this topic. I call it the "carbon monoxide" of our economic existence. It's unseen and silent; it slips in quickly when released and once in place it is absolutely deadly. That is the regulatory environment in a nutshell. Without accountability, it is choking off our small and medium sized businesses. Those that remain often have some connection to the government that is more akin to crony capitalism. This must be reversed, and like ObamaCare, has to be done on the first day of the next administration.

Lawrence Boccardi| 10.26.11 @ 7:38AM

Yeah, so what? We sent a Congress that has been neutered. We have no coherent spokeman, stating our side. This disgrace will misspend trillions and be re-elected. I always thought that Congress controlled spending. I guess not?

martin j smith| 10.26.11 @ 7:42AM

I find the Establishment Republican leadershit guilty of negligence in regard to failing to speak out more loudly more vociferously and more often against Obama's abuses of power. The Republican Leadership in my view has been gutless in general and specifically here should be on the forefront of system criticism of Obama's policies such as in regulation of energy and other areas.

Do not at all misunderstand. Obama has done and continues to do bad things. But Republican Leaders can do a lot more to talk to the American People. They fail so far.

russel| 10.26.11 @ 9:26AM

Just what exactly is ' Republican ' anymore ? . I think they only exist in DC , as elected reps . Now that the people have spoken via the new Tea Party , I can't help but see the old fossils vanish . The newly elected Tea Partiers are not backing off from why they were voted in , they're just over- ruled by these fossilized careerist elite GOPhers . The next election will see the likes of Lugar , McConnell and Boner kicked out . Even Cantor is proving a nuisance . Nope doomers , we ain't done with this lousy bunch yet .

Pecos Pete| 10.26.11 @ 7:58AM

I totally agree with the comment, above, by martin j smith.

Mr. Ferrara has written a commentary that is exactly what needs to be written, and spoken, by all Republicans. More needs to be clearly presented about ALL of King O's (and the democrat's) policies and foibles.

DEFEAT King O, gain control of the Senate, retain control of the House. That's the goal and it can't be accomplished by internal strife within the conservative and Republican worlds.

It isn't about Cain being dumb, Romney as a closet liberal or Perry as a redneck. King O is ruining the USA. DEFEAT King O and then we'll worry about everything else.

boogalie| 10.26.11 @ 8:20AM

I agree that Republican Leadership is largely ineffective. They are 'sniffing' that something is going on in the electorate, but are too timid in their comfortable offices to go out and perform their duty, that is: They must be the people's sword of resistance to this onslaught of regulatory abuse. I must implore all of you, as naive as it may sound, it IS our system, and we now must be heard. Call the Congressmen of your district, the Speaker, the Majority Whip etc. The MUST HEAR our displeasure. It IS the way of our system. Semper Fi.

Petronius| 10.26.11 @ 8:47AM

When is the public ever going to understand that environmentalism is Not about protecting the environment? It's about preventing commerce in natural resources, reducing Our standard of living, and subjecting us to the whims of the Redfords, Turners, Gores, and all the other self ordained political parasites who live off the proceeds of lawsuits against mining companies.

Ken (Old Texican)| 10.26.11 @ 8:48AM

Perry is the only candidate who has clearly stated that all the "Czars" will be fired on day one of his administration.

POST American| 10.26.11 @ 8:57AM

"---The fact is, ALLLL our ruling
EEL-eat is 'on board' with the Trilateral
CFR-RIIA age-enda. One and all are
committed to destroying American
sovereignty in the name of world
government ----at ANY and ALL costs."
-G. Edward Griffin
(Eminent NWO Researcher/ Writer)

-----And Obama REALLY looking more
and more like the product of RED China
sellout artist, and ROT-child set up,
Averell Harriman's secret breeding program.

---NOT LOOKING GOOD KIDDIES---

Robert Mugabe| 10.26.11 @ 8:58AM

Oboma is doing a great job! Soon the U.S. Will rival Zimbabwe. Barry is doing exactly what I would do. Who says where one is born matters now?

Kim Jong Il| 10.26.11 @ 10:27AM

I agree Comrade Mugabe. I just want him to choose a title other than "Dear Leader".

Timothy L. Pennell| 10.26.11 @ 9:10AM

"Why buy the Cow, when you're already getting the milk for free?"
Why try and get your Uber far Left Appointments past the Senate, when you can make them CZARS, or get them in on RECESS APPOINTMENTS, instead? Right?
What is SATAN? Is he All Powerful? Does he possess Super Human Strength? Or, is he just "Clever"?
He's Clever. He's the "Great Deceiver". He, truly does speak, with a Forked Tongue. And, just who are these people that our Leader prefers to SNEAK in to his "Most Transparent Administration, EVER?
Let's see.
The self described Communist/Anarchist: Van Jones, is one. Although, you would never know it, to talk to America's Rape Calculator - Joe Biden.
We've got an Economics Czar who tells his friends that: "Yeah. We get it. Capitalism is a JOKE, and Mao was right when he said that Power comes from the barrel of a Gun."
His News Broad Czar (Cass Sunstein's Pig Wife) listed as her "Two favorite philosophers": MAO and Mother Theresa. But then, who wouldn't have one of the most Prolific MURDERERS of his own people, in History, at the top of their list? I know I do. (Mother Theresa?) Of course. Every Maoist/Atheist loves her. You didn't know that?
His FCC guy admires the way that HUGO CHAVEZ shut down all Opposition on the Airwaves, and the Television, thus preserving "His beautiful Revolution".
His Science Czar (John Holdren) believes in putting STERILANTS in to our Drinking Water.
His Medical Czar dreams about an America with a ONE CHILD Policy. Like Mao's China.
Cass Sunstein, and that POS Labour Lawyer, that the MUSLIM put on the NLRB with a Recess Appointment, are the Architects behind all of the JOBS we have. (That was SARCASM)
The List goes on and on.
There are 87,000 Pages of New Regulations, under this Boy Pharaoh. With another YEAR to go. He's out there, right now, doing everything he can GET AWAY WITH. Everything he can do WITHOUT CONGRESS.
Everybody says how SMART he is. But, no-one can prove it. He's not a good Speaker. He's a good Reader. His Economic and Foreign Policies are a Shambles. But, that's the whole idea, isn't it? END America's Super Power Status. END her Military Dominance, in the World. Bring her Economy to its knees.
One big happy Global Family. Everyone the same. And, he's doing it right in front of us, all the while, blaming the REPUBLICANS for all the things that HE has done.
Very CLEVER.
Evil always is.
"And I saw the BEAST rise from the Sea. And he was given a MOUTH, to speak Haughty and Blasphemous words. And he was allowed to exercise authority for forty two months." Revelation 13-5.
I'm just saying.
And, if he's DEAD, come June 2012?
Well. You get the picture.

JimH| 10.26.11 @ 9:29AM

It is not a deliberate attempt to destroy the country, though effectively it does considerable harm. It is the following of long established statist practice of setting up all kinds of government obstacles in order for your government representative to demonstrate his importance to you by interceding on your behalf (following a nominal payment of baksheesh). The Obamaoids have brought to the White House what is common practice at any third world bureaucrats office.

John Navratil| 10.26.11 @ 10:09AM

It is universally true that one cannot separate responsibility from control. When Congress ceded its regulatory authority to these agencies it, unconstitutionally, shifting their responsibilities to the Executive. Obama may be the Snidely Whiplash, but the real villain is Congress.

The question is whether the electorate will blame Obama or the system which allows him to flourish. Kerpens statement "If you fail to stop out-of-control regulators, voters will hold you accountable." may be wishful thinking.

Gary| 10.26.11 @ 11:19AM

We have become a nation of sheep allowing the government to run roughshod over us. Forget about the mainstream media covering any of this, it won't happen. thanks goodness for the internet and Fox, At age 65 it makes me wonder what was "not covered" by the left wing media all those decades before Fox and the internet. Maybe if we had been told all the facts medicare, medicaid, and all the other back breaking federal programs would not have been passed, or at least passed in a form to prevent the mess we have today.

Jerome Brick| 10.26.11 @ 12:51PM

I find all this venting against Republican leadership in Congress a bit disheartening. Has anyone not heard of Harry "Dead on Arrival" Reid. The Republican House has generated a great deal of remedial legislation only to find it quietly deposited into Dingy Harry's waste basket upon arrival at the Senate.

The Tea Party element in Congress has made its presence known, but until we are rid of the rot in the U. S. Senate, not to mention the Presidency, we must expect a certain degree of frustration.

Maddox| 10.26.11 @ 1:02PM

"There are no enemies at the top."
Republicans are complicit in the deception of the American people and share the guilt by not acting to stop the lawlessness.

Rmm| 10.26.11 @ 1:02PM

After reading this, you have to wonder just what in hell is going on in D. C. . I'm thinking when do the impeachment proceedings begin ? Obozo has to go in the worst way.

Mimi| 10.26.11 @ 1:15PM

How can anyone read this article of Peters and not come away being convinced once and for all that this President is deliberatly, purposely,premeditated, intentionally destroying this country.... no more of this stupid, incompetant , inexperience excuses FOR HIM.
When, election or not , will people start seriously discussing IMPEACHMENT...This wanton destruction must end !!

dougk| 10.26.11 @ 2:33PM

Talking heads, career politicians, tyrannical government, pontiffs with all kinds of 'titles', charlatans, occupiers of all sorts, blame games, excuse-makers, beggars, playing victim, waiting for handouts, buying votes to live off of taxpayer donations, hoarding bankers, and stifling regulations flood the masses and sway them through incredible pettiness, proliferating confusion and fear.
Impeach the reign of terror unleashed by the demonic messiah - Obama
Hire Herman Cain soon.

PattyMor| 10.26.11 @ 2:52PM

Well the Republicans have been partners in the bypassing of the Constitution with all those illegal regulators. Obama is just the charlatan in chief who is will to do anything to implement his program. Congress won't act: he instructs his bureaucrats to implement it.

Where are the Republicans? Still hiding under their desks? I hear crickets. And John Boeher has given the CIC the money for all these bureaucrats. Nary a peep about the illegal wars. Pathetic. We need to vote them ALL out, starting with spineless John.

Mimi| 10.26.11 @ 3:36PM

Patty....Their going to HAVE to do something and soon ! He took the OATH, not once, but two times. One on the inauguaral stage and again the next day at the Whitehouse...." TO make sure" remember? The executive legal dept better get their ducks in a row...The guy is in la, la land thinking NOW he is a DICTATOR. His list is getting longer of lawless abuses of POWER.
He makes Nixon out to be a piker....the laws are written for black, white and purple alike....we all are required to follow.

Pat| 10.26.11 @ 3:56PM

Liberals have to be continually amused with the gullibility of Conservatives. Changes in regulations create opportunities for private sector “friends of Democrats” and the type of opportunities which lead to placing that dealership order for a 2012 Bentley Continental luxury coupe. Money, not ideology, is the motive force behind regulatory change in this country. In the Liberals’ edition of Sun-Tzu’s “Art of War”, know your opponent translates into keep Conservatives ranting about climate change idiots, business killing regulations and health care Nazis. But to Bentley, Jaguar and Mercedes dealerships everywhere, regulatory change means “ready the order pads boys, the Democrats are coming”.

After decades of late night sessions changing arcane rules, establishing new 1,500 page regulations, repealing old regulations left over from past Republican administrations and passing new legislation, our government has a stranglehold on the American economy – and when one sector or industry loses due to a recent change, another sector or industry wins – and guess which sector or industry wins under Ali-Obama and his band of 40,000 thieves?

To Conservatives, these regulatory changes seemingly come out of the blue, but to Democratic Party insiders these changes come as no big surprise, particularly since they orchestrated the change at the behest of their supporters. Naturally, the Democrats urge their useful idiots in the media and academia to bait the trap with nonsense articles about “saving the earth”, “health care is a right, not a privilege” and other assorted fighting words, but, underneath the ideological rhetoric, the evil Djinn of Washington is granting a specific “friend of the Democrats” those famous three wishes.

Buck Ofama| 10.26.11 @ 8:15PM

I'd love to see Newt debate this dirty c0cksucker, Ovomit. We must be rid of this disgusting, stinking pile of shit.

russel| 10.26.11 @ 8:29PM

BO , I gotta say we're on the same page . The little shyster is going to get some unwelcomed visitors , but he's too arrogant and stupid to figure that one out .

markenoff| 10.27.11 @ 4:50AM

I think everyone here is missing the point. The important thing is that we have, for the first time, a person of color in the White House. So what if he is ecomically ignorant, contemptuous of settle federal law, disparaging of the Constitution and its limits on executive power and subservient to our enemies? He is a person of color and therefore shades above those of us who are melanonin challenged. He is the first US President to actually acknowledge the existence of all 57 states! If we replace him in 2012 it must be with another person of color. Kumar for Prez in 2012! Or how about a twofer? Janeve Jolie for pres in 2012! (Oh, wait, not sure she is a natural born citizen. But I would filibuster with her any day.)

Marc Jeric| 10.28.11 @ 1:08AM

Mullah Obama, or as I prefer calling that marxist Muslim from Kenya Hussein al-Mombassa, thinks of himself as Jesus come back to Earth, or better yet as the 13th Imam, when he said: "Tomorrow the oceans will stop rising, and the planet will start healing", when addressing the globaloney warming hoax.

Tenn Slim| 10.29.11 @ 8:24AM

EPA, DOE, and now the USDA, all in there for Obama driven regulatory controls.
Answer... YOUR CONGRESSIONAL REP. DE fund each and every reg.
Make no mistake. The Left will not go quietly into the night, come 2012.
end

jimk| 10.29.11 @ 6:00PM

Freedom of self-expression, nurtured by education, creates everything - a vibrant economy, jobs, hope, entrepreneurship, innovation, invention, compassion, generosity, good health, security, and a better life for all.

Get rid of the side shows - government interference, political interference, over regulation, over legislation, overflow of talking heads peddling half-lies and half-truths, and any kind of institutionalized burden and bureaucracy.

Hire Herman Cain, to restore the unbounded gift of the human spirit, which creates abundance.

jan| 10.29.11 @ 8:40PM

Isn't it about time companies tell this communist just to f off

More Articles by Peter Ferrara

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