Obama's pen is powerful because Congress has imbued it with power. From Teddy Roosevelt's FDA through Wilson's IRS and Nixon's EPA and Carter's Departments of Energy and Education to Bush's DHS, the Congress has for the last hundred years been giving the Executive Branch regulatory power without Congressional oversight.
Congress has basically said, "Here Mr. President. Here's another toy for you to play with. We're abrogating our responsibility and empowering you, Mr. President, so you can pretty much do whatever the devil you want with it. You want to use the IRS to persecute your political enemies? Hey, we gave you that power. You want to use the EPA to destroy jobs in Pennsylvania and West Virginia? Hey, man, go ahead. We won't stop you."
For the last century, we have been fortunate in having Presidents who were Americans and had the best interests of the American people at heart. Even Johnson and Carter left the regulatory agencies pretty much to themselves, and Reagan actually under funded some agencies.
Today, however, we have an imperial President who is not even an American citizen and who is, for whatever reasons, intent on destroying the United States of America. We are recognizing the danger of a lazy Congress that meets transitory public concerns with perpetual, inefficient, and readily abused Executive agencies. And we are suffering the consequences of that laziness.
Pretendent Obama must, of course, bear the bulk of responsibility for his lawlessness, but the Congress must shoulder a portion of the blame for its disinterest and indifference to the havoc it has wrought with its eternal solutions to temporary problems.
TR's FDA has become a marketing arm of the American pharmaceutical industry and a thorn in the side of medical device manufacturers. I've stood FDA inspections, and the inspectors had no comprehension of what we were actually doing. Their only concern was whether we were keeping FDA mandated records – because that's the only thing they were intellectually capable of understanding!
And I'm fortunate that I live in Mexico, because I have a condition that is treatable only by Daflon, a drug manufactured in France. Guess what? Daflon doesn't have FDA approval in the United States – because it's made in France! The FDA has not only become obsolete, it has become counterproductive – and it should be abolished.
The EPA is another of many agencies that should be abolished. It no longer serves any useful purpose (if it ever did) and has become an ecofreak tool to dehydrate the San Joaquin Valley in defense of a two inch long bait fish and a Fascist tool to promote the President's choom pipe dream of a "green" America. It needs to be abolished. The conditions that precipitated its formation no longer exist.
We need a wholesale housecleaning of our regulatory agencies. Anything that we no longer have a need for must go. A commitment to this priority should be a requirement for any 2016 Presidential candidate.
As to Obama and his pen, we have a pen too, Mr. President, and it has a cell in it with your name on it.