Thursday, June 24, 2010

Obama Administration vs Gulf Sand Berms

The Obama administration has halted the construction of sand berms in the gulf, by gulf states. What constitutional power does Obama and his administration have to do this? None.

Full Story: http://www.wdsu.com/news/23997498/detail.html

The Executive branch of the government has NO power to halt sand berm construction. The roles and responsibilities of the Exeecutive Branch are:

From Wikipedia (http://en.wikipedia.org/wiki/Executive_(government))...
The six roles that the top leadership of the executive branch fulfills are
as follows:
chief of state - symbolic leader of the nation
chief executive - running the functions of the state, managing the bureaucracy, and deciding how to enforce the law
chief diplomat - overseeing state's ambassadors and determining foreign policy
commander in chief - commanding the state's armed forces and
determining military policy
chief legislator - influencing the legislature by urging the passage or defeat of a new law
guardian of economy - protects the value of the currency and the money of the people

The Fish and Wildlife Services mission statement (from their website: http://www.fws.gov/info/pocketguide/fundamentals.htm)
The mission of the U.S. Fish and Wildlife Service is working with others to
conserve, protect, and enhance fish, wildlife, plants, and their habitats for
the continuing benefit of the American people.

At what point does the Federal Government trump state? The berm creation is on state property, under state jurisdiction, to protect a state's natural resources. I think this comes down to the 9th and 10th amendments, and the pregressively growing role of the US government (growing by giving itself jurisdiction and powers not assigned by the constitution).

I have to side with the States on this one.