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post #1 of 30 (permalink) Old 02-03-2017, 05:18 PM Thread Starter
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Draft of an executive order

I don't know if this is real; it is a "leaked" draft of an executive order. But if it is real, it sounds pretty good to me! Discuss.

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Executive Order—Establishing a Government-Wide Initiative to Respect Religious Freedom

EXECUTIVE ORDER

Establishing a Government-Wide Initiative to Respect Religious Freedom

By the authority vested in me as President by the Constitution and the laws of the United States of America, in order to guide the executive branch in formulating and implementing policies with implications for the religious freedom of persons and organizations in America, and to further compliance with the Constitution, applicable statutes, and other legal authorities, it is hereby ordered:

Section 1. Policy. The United States Constitution enshrines and protects the fundamental natural right to religious liberty. This Constitutional protection ensures that Americans and their religious organizations will not be coerced by the Federal Government into participating in activities that violate their consciences, and will remain free to express their viewpoints without suffering adverse treatment from the Federal Government. It shall be the policy of this Administration to protect religious freedom.

Sec. 2. Definitions. For purposes of this order:

(a) “Person” shall have the same definition as “person” in 1 U.S.C. 1.

(b) “Religious exercise” includes all aspects of religious observance and practice, as well as belief, and includes any act or any refusal to act that is motivated by a sincerely held religious belief, whether or not the act is required or compelled by, or central to, a system of religious belief.

(c) “Religious organization” shall be construed broadly to encompass any organization, including closely held for-profit corporations, operated for a religious purpose, even if its purpose is not exclusively religious, and is not limited to houses of worship or tax-exempt organizations, or organizations controlled by or associated with a house of worship or a convention or association of churches.

Sec. 3 Religious Freedom Principles and Policymaking Criteria. All executive branch departments and agencies (“agencies”) shall, to the greatest extent practicable and permitted by law, adhere to the following principles and criteria when formulating and implementing regulations, actions, or policies:

(a) Religious freedom is not confined to religious organizations or limited to religious exercise that takes place in houses of worship or the home. It is guaranteed to persons of all faiths and extends to all activities of life.

(b) Persons and organizations do not forfeit their religious freedom when providing social services, education, or healthcare; earning a living, seeking a job, or employing others; receiving government grants or contracts: or otherwise participating in the marketplace, the public square, or interfacing with Federal, State or local governments.

(c) As required by religious freedom laws such as the Religious Freedom Restoration Act, 42 U.S.C. 2000bb et seq. (“RFRA”) and the religious provisions of Title VII of the Civil Rights Act of 1964, 42 U.S.C. 20003 et seq., agencies shall faithfully discharge their duty to accommodate the religion of federal employees and shall not promulgate regulations, take actions, or enact policies that substantially burden a person’s or religious organization’s religious exercise unless the imposition represents the least restrictive means of furthering a compelling governmental interest. Regulations, actions, or policies shall not be deemed “compelling” simply by virtue of their having been applied neutrally, broadly, or across the Federal Government.

Sec. 4. Specific agency Responsibilities to Avoid Potential Violation of Religious Freedom

(a) The Secretaries of Health and Human Services, Labor, and Treasury shall immediately issue an interim final rule that exempts from the preventative-care mandate set forth in 42 U.S.C. 300gg-13(a)(4) all persons and religious organizations that object to complying with the mandate for religious or moral reasons.

(b) The Secretary of Health and Human Services shall take appropriate actions, through mechanisms to ensure compliance with existing statutory and other protections, if necessary, to ensure that any individuals purchasing health insurance in the individual market (whether through a federally facilitated exchange, a state-sponsored health insurance exchange, or otherwise) has the ability to purchase health insurance that does not provide coverage for abortion and does not subsidize plans that do provide such coverage.

(c) The Secretary of Health and human Services shall take all appropriate actions to ensure that the Federal Government shall not discriminate or take any adverse action against a religious organization that provides federally-funded child-welfare services, including promoting or providing adoption, foster, or family support services for children, or similar services, on the basis that the organization declines to provide , facilitate, or refer such services due to a conflict with the organization’s religious beliefs. The Secretary of Health and human Services shall, where authorized by law, promptly propose for notice and comment new regulations consistent with this policy.

(d) All agencies shall, with respect to any person, house of worship, or religious organization that is a recipient of or offeror for a Federal Government contract, subcontract, grant, purchase order, or cooperative agreement, provide protections and exceptions consistent with sections 702(a) and 703(e) of the Civil Rights Act of 1964 (42 U.S.C. 20003-I(a) and 2000e-2(e)) and section 103(d) of the Americans with Disabilities Act of 1990 (42 U.S.C. 12113(d)). The Secretary of Labor shall, where authorized by law, promptly propose for notice and comment new regulations consistent with this policy.

(e) The Secretary of the Treasury shall ensure that the Department of the Treasury shall not impose any tax or tax penalty, delay or deny tax-exempt status, or disallow tax deductions for contributions made under 26 U.S.C. 501(c)(3), or otherwise make unavailable or deny any tax benefits to any person, church, synagogue, house of worship or other religious organization.

(1) on the basis of such person or organization speaking on moral or political issues from a religious perspective where religious speech of similar character has, consistent with law, not ordinarily been treated as an intervention in a political campaign by the Department of the Treasury, or

(2) on the basis that such person or organization believes, speaks, or acts (or declines to act) in accordance with the belief that marriage is or should be recognized as the union of one man and one woman, sexual relations are properly reserved for such a marriage, male and female and their equivalents refer to an individual’s immutable biological sex as objectively determined by anatomy, physiology, or genetics at or before birth, and that human life begins at conception and merits protection at all stages of life.

The Secretary of the Treasury and the Commissioner of Internal Revenue shall, where authorized by law, promptly propose for notice and comment new regulations consistent with this policy.

(b) No agency shall, to the extent allowed by law, not recognize any decisions or findings made by any federally-recognized accrediting body that revokes or denies accreditation to, or otherwise disadvantages, a religious organization on the basis that such organization believes, speaks, or acts (or declines to act) in accordance with a belief described in section 4(e)(2) of this order.

(g) No agency shall exclude or otherwise make unavailable or deny any person or religious organization admission or access to charitable fundraising campaigns on the basis that such person or organization believes, speaks, or acts (or declines to act) in accordance with the beliefs described in Section 4(e)(2) of this order.

(k) No agency shall take adverse action against any person or religious organization that is a Federal employee, contractor, or grantee on the basis of their speaking or acting in accordance with the beliefs described in section 4(e)(2) of this order while outside the scope of their employment, contract, or grant, and shall reasonably accommodate such speech and action when made within the course of their employment, contract, or grant. This provision shall not be construed to diminish or otherwise limit any other protection provided by this order.

(l) The Attorney General shall establish with the Department of Justice a Section or working group that will ensure that the religious freedom of persons and religious organizations is protected throughout the United States, and shall investigate and, if necessary, take or coordinate appropriate action under applicable religious freedom laws.

Sec. 5. General Provisions.

(a) All agencies shall promptly withdraw or rescind any rulings, directives, regulations, guidance, positions, or interpretations that are inconsistent with this order to the extent of their inconsistency.

(b) The provisions of this order shall prevail in cases of conflict with any existing executive order and with any future executive order unless such future order explicitly refers to, and limited or excludes, the application of this order.

(c) Nothing in this order shall be construed to impair or otherwise affect (i) the authority granted by law to an agency, or the head thereof, or ii) the functions of the OMB Director relating to budget, administrative, or legislative proposals.

(d) This order shall be carried out subject to the availability of appropriations and to the extent permitted by law.

(e) This order does not create any right or benefit, substantive or procedural, enforceable at law or equity by any party against the United States, its departments, agencies or instrumentalities, its officers, employees, or agents, or any other person.


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post #2 of 30 (permalink) Old 02-03-2017, 07:46 PM
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Re: Draft of an executive order



Good to see all pressing issues have been addressed.
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post #3 of 30 (permalink) Old 02-03-2017, 08:42 PM
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Re: Draft of an executive order

Is it just me, but since when are we ruled by executive orders? I remember a time when Congress actually passed laws. For many years people screamed about all the executive orders Obama signed to bypass Congress. Bush signed even more. So was it the context or exercise of the EO itself that lead to all the hand wringing? Either way, I would rather see our democratic republican government work than be ruled by an imperial executive. Congress has abdicated much of it powers over the years. The 17th Amendment made it much more political. After WW2 they gave up the sole responsibility for declaring war by passing the War Powers Act. In writing legislation to create various agencies, they have turned over rule making authority to the executive branch. In each case, power has flowed from the legislative into the executive branch. I really don't care who signs an EO, I would much prefer our elected representatives do their jobs and represent the PEOPLE in the districts they represent.

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post #4 of 30 (permalink) Old 02-03-2017, 08:44 PM
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Re: Draft of an executive order

Congress is overrated...
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post #5 of 30 (permalink) Old 02-03-2017, 09:34 PM
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Re: Draft of an executive order

I have to say I read it and don't understand it.

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post #6 of 30 (permalink) Old 02-03-2017, 11:01 PM
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Re: Draft of an executive order

This would allow a wide variety of organizations to discriminate against currently protected characteristics under a wide range of situations. I could for example declare that my religion says that black people are servants of the devil, so I don't need to hire any.
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post #7 of 30 (permalink) Old 02-04-2017, 12:44 AM
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Re: Draft of an executive order

list of executive orders by president ... does not include the ones by trump

Executive Orders

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post #8 of 30 (permalink) Old 02-04-2017, 12:50 AM
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Re: Draft of an executive order

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Originally Posted by john117 View Post
Congress is overrated...
Obama: I will use my pen and phone to take on Congress. source

Obama On Executive Actions: ‘I’ve Got A Pen And I’ve Got A Phone’ source
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post #9 of 30 (permalink) Old 02-04-2017, 06:36 AM
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Re: Draft of an executive order

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Originally Posted by becareful2 View Post
Obama: I will use my pen and phone to take on Congress. source

Obama On Executive Actions: ‘I’ve Got A Pen And I’ve Got A Phone’ source
Obama averaged 34 executive orders per year, in par with his predecessors.

Trump is at 17 in two weeks in office, or slightly better than one a day.

Of course, the Faithful will point out that Obama signed a flurry of executive orders his first 12 days too so... Let's wait a year for better numbers.

http://www.pewresearch.org/fact-tank...cutive-orders/

Last edited by john117; 02-04-2017 at 06:42 AM.
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post #10 of 30 (permalink) Old 02-04-2017, 09:18 AM
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Re: Draft of an executive order

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Congress is overrated...
yes it is. Mainly because it is living off the afterglow of its past. Now it is a nearly worthless appendage of government, to provide the illusion that our votes actually mean something. If we are going to be ruled by executive orders (regardless of who issues them) we may as well just have a full fledged dictatorship and be done with it.


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post #11 of 30 (permalink) Old 02-04-2017, 10:30 AM Thread Starter
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Re: Draft of an executive order

The problem isn't really with executive orders. The problem is with the enormous size of the executive department of government.

Congress was not granted the power to delegate the power to legislate, so all laws should be made by Congress. Calling laws passed by executive agencies "regulations" doesn't change the fact that they have the force of law.

Thus, a real originalist would strike down all administrative regulation as being unConstitutional.

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post #12 of 30 (permalink) Old 02-04-2017, 10:48 AM
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Re: Draft of an executive order

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The problem isn't really with executive orders. The problem is with the enormous size of the executive department of government.

Congress was not granted the power to delegate the power to legislate, so all laws should be made by Congress. Calling laws passed by executive agencies "regulations" doesn't change the fact that they have the force of law.

Thus, a real originalist would strike down all administrative regulation as being unConstitutional.
I have often said that Congress should be forced to vote up or down on all federal regulations written by agencies created by them.

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post #13 of 30 (permalink) Old 02-04-2017, 10:50 AM
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Re: Draft of an executive order

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Originally Posted by tech-novelist View Post
The problem isn't really with executive orders. The problem is with the enormous size of the executive department of government.

Congress was not granted the power to delegate the power to legislate, so all laws should be made by Congress. Calling laws passed by executive agencies "regulations" doesn't change the fact that they have the force of law.

Thus, a real originalist would strike down all administrative regulation as being unConstitutional.
Which is another reason I am perplexed by all the so-called Constitutional originalists cheering every EO issued by Trump. I would much rather see him (or any POTUS) proposing legislation than writing orders.

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post #14 of 30 (permalink) Old 02-04-2017, 02:18 PM
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Re: Draft of an executive order

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Obama averaged 34 executive orders per year, in par with his predecessors.

Trump is at 17 in two weeks in office, or slightly better than one a day.

Of course, the Faithful will point out that Obama signed a flurry of executive orders his first 12 days too so... Let's wait a year for better numbers.

http://www.pewresearch.org/fact-tank...cutive-orders/


What is the point of this post? Obama did more executive orders in his first 12 days than Trump. You admit that.

From that you conclude Trump is worse?

Looks like the same science that gave us global warming.
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post #15 of 30 (permalink) Old 02-04-2017, 05:30 PM Thread Starter
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Re: Draft of an executive order

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Which is another reason I am perplexed by all the so-called Constitutional originalists cheering every EO issued by Trump. I would much rather see him (or any POTUS) proposing legislation than writing orders.
I believe there is proposed legislation that would require a Congressional vote on any regulation above a certain impact level, e.g., that costs the private sector more than $100 million. I would make the threshold $0, but it's a start.

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