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- Newsgroups: misc.legal
- Path: sparky!uunet!uchinews!ellis!thf2
- From: thf2@ellis.uchicago.edu (Ted Frank)
- Subject: Re: executive orders
- Message-ID: <1993Jan24.071407.2582@midway.uchicago.edu>
- Sender: news@uchinews.uchicago.edu (News System)
- Reply-To: thf2@midway.uchicago.edu
- Organization: University of Chicago
- References: <1993Jan24.060929.11298@athena.mit.edu>
- Distribution: usa
- Date: Sun, 24 Jan 1993 07:14:07 GMT
- Lines: 35
-
- 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.
-
- > 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.
- --
- ted frank | thf2@ellis.uchicago.edu
- standard disclaimers | void where prohibited
- the university of chicago law school, chicago, illinois 60637
-