- Executive Order: Establishment of the Council of Governors
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- Note: The Executive Order (EO) below raises several questions:
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- Will the Council of Governors represent (speak
for) all state governors on key issues? This is important to President
Obama's global vision, since federal authority must be consolidated
before a unified American "voice" will echo UN directives.
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- How will the President's new authority affect America's
constitutional "balance of power"? Will it give the Obama
administration more authority over individual states and undermine their
constitutional "sovereignty"? (See Federalism) By strengthening
federal control over states, will it speed the shift from national sovereignty
toregional governance (like the European Union) and the
rise of a global management system.
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- What are the implications with regard to national, regional
and military control and civil society? How do our
military agreements with Mexico and Canada fit into this picture? (See Northern
Command)
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- Could it strengthen President Obama's recent Executive
Order (13524) concerning INTERPOL?
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- Previous EOs with global significance: An International
Information System (1997), Trading U.S. Rights for UN Rules (1998),
andFederalism (1999)
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- See links to articles and comments HERE
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- THE WHITE HOUSE Office of the Press Secretary (January
11, 2010)
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- EXECUTIVE ORDER:
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- ESTABLISHMENT OF THE COUNCIL OF GOVERNORS
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- By the authority vested in me as President by the Constitution
and the laws of the United States of America, including section 1822 of
the National Defense Authorization Act of 2008 (Public Law 110-181), and
in order to strengthen further the partnership between the Federal
Government and State governments to protect our Nation and its people
and property, it is hereby ordered as follows:
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- Section 1. Council of Governors.
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- (a) There is established a Council of Governors (Council).
The Council shall consist of 10 State Governors appointed by
the President (Members), of whom no more than five shall be of the same
political party. The term of service for each Member appointed to serve
on the Council shall be 2 years, but a Member may be reappointed for
additional terms.
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- (b) The President shall designate two Members, who shall not
be members of the same political party, to serve as Co-Chairs of
the Council.
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- Sec. 2. Functions. The Council shall meet
at the call of the Secretary of Defense or the Co-Chairs of the Council
to exchange views, information, or advice with the Secretary of Defense;
the Secretary of Homeland Security; the Assistant to the President
for Homeland Security and Counterterrorism; the Assistant to the President
for Intergovernmental Affairs and Public Engagement; the Assistant Secretary
of Defense for Homeland Defense and Americas' Security Affairs; the
Commander, United States Northern Command; the Chief, National
Guard Bureau; the Commandant of the Coast Guard; and other appropriate
officials of the Department of Homeland Security and the Department of
Defense, and appropriate officials of other executive departments or agencies
as may be designated by the Secretary of Defense or the Secretary of Homeland
Security. Such views, information, or advice shall concern:
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- (a) matters involving the National Guard of the various
States;
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- (b) homeland defense;
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- (c) civil support;
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- (d) synchronization and integration of State and
Federal military activities in the United States; and
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- (e) other matters of mutual interest pertaining to National
Guard, homeland defense, and civil support activities.
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- Sec. 3. Administration.
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- (a) The Secretary of Defense shall designate an Executive
Director to coordinate the work of the Council.
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- (b) Members shall serve without compensation for their
work on the Council. However, Members shall be allowed travel expenses,
including per diem in lieu of subsistence, as authorized by law.
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- (c) Upon the joint request of the Co-Chairs of the Council, the
Secretary of Defense shall, to the extent permitted by law and subject
to the availability of appropriations, provide the Council with
administrative support, assignment or detail of personnel, and information as
may be necessary for the performance of the Council's functions.
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- (d) The Council may establish subcommittees of the Council.
These subcommittees shall consist exclusively of Members of the Council
and any designated employees of a Member with authority to act on the Member's
behalf, as appropriate to aid the Council in carrying out its functions
under this order.
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- (e) The Council may establish a charter that is consistent
with the terms of this order to refine further its purpose, scope, and
objectives and to allocate duties, as appropriate, among members.
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- Sec. 4. Definitions. As used in this order:
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- (a) the term "State" has the meaning provided
in paragraph (15) of section 2 of the Homeland Security Act of 2002 (6
U.S.C. 101(15)); and
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- (b) the term "Governor" has the meaning provided
in paragraph (5) of section 102 of the Robert T. Stafford Disaster Relief
and Emergency Assistance Act (42 O.K.. 5122(5)).
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- (a) Nothing in this order shall be construed to impair
or otherwise affect:
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- (1) the authority granted by law to a department, agency,
or the head thereof; or
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- (2) functions of the Director of the Office of Management
and Budget relating to budgetary, administrative, or legislative proposals.
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- (b) This order shall be implemented consistent with applicable
law and subject to the availability of appropriations.
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- Sec. 5. General Provisions.
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- (c) This order is not intended to, and does not, create
any right or benefit, substantive or procedural, enforceable at law or
in equity by any party against the United States, its departments, agencies,
or entities, its officers, employees, or agents, or any other person.
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- BARACK OBAMA
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- THE WHITE HOUSE, January 11, 2010.
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- http://www.whitehouse.gov/sites/default/files/2010executive_order.pdf
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- Links, Articles and Comments
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- New council to advise on 'military activities' in U.S.:
"The recent order, posted on the White House website, was accompanied
by the explanation that the group is to work 'to protect our nation against
all types of hazards.' It comes just weeks after the president issue a
similarly obscure order vastly expanding INTERPOL's privileges in
the U.S. ...Can the council recommend 'military activities' and can
the governors, who already are in command of their own state guard units,
mandate activities outside of their areas of jurisdiction?...
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- "'...it was the 'first
step towards martial law in America' because it sets up the 'use of federal
troops and the combination of state and federal agencies under the Defense
Department.' ...the order appears to be in defiance of posse comitatus,
which restricts U.S. military action within the United States."
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- New council to advise on 'military activities' in U.S:
"The recent order, posted on the White House website, was accompanied
by the explanation that the group is to work 'to protect our nation against
all types of hazards.' It comes just weeks after the president issue a similarly
obscure order vastly expanding INTERPOL's privileges in the U.S. ...
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- "Can the council recommend 'military activities'
and can the governors, who already are in command of their own state
guard units, mandate activities outside of their areas of jurisdiction?
...
- "...the ThreatsWatch.org website... said the
order will lead to further erosions of American sovereignty. 'In light
of what we know and can observe, it is our logical conclusion that President
Obama's Executive Order amending President Ronald Reagans' 1983 EO 12425
and placing INTERPOL above the United States Constitution and
beyond the legal reach of our own top law enforcement is a precursor to
more damaging moves.'... 'When the paths on the road map converge
Iraq withdrawal, Guantánamo closure... and an empowered INTERPOL
in the United States it is probable that President Barack Obama will
once again make America a signatory to the International Criminal
Court. It will be a move that surrenders American sovereignty to an
international body whose INTERPOL enforcement arm has already been
elevated above the Constitution.... For an added and disturbing wrinkle,
INTERPOL's central operations office in the United States is within our
own Justice Department offices. They are American law enforcement officers
working under the aegis of INTERPOL within our own Justice Department.'...
- "Blogger Nicholas Contompasis suggested it
was the 'first step towards martial law in America' because it sets up
the 'use of federal troops and the combination of state and federal agencies
under the Defense Department.'"
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