At the AFP website the chart is presented in the form of an interactive area map. Each of the various items in the flowchart are linked to detailed explanations. In the packet I have provided excerpts of this information.

Over the past many months our Federal Issues Committee has presented many instances where Obama has been ignoring Congress and assuming new powers.

An updated and more detailed account of the Obama Chart can be found in a book written by Phil Kerpen who is the Vice President for Policy at Americans for Prosperty. The title is "Democracy Denied: How Obama is Ignoring You and Bypassing Congress to Radically Transform America - and How to Stop Him"⁴

Mark R. Levin considers it "a must-read for everyone who values our nation's bedrock principles".

This book is available in our Library. I encourage you to check it out.

Some issues which are not in the chart but which Kerpen has covered in his book are

• the drilling moratorium
• Obama's assault on the principle of private property
• and the influence of Cass Sunstein as the administrator of the Office of Information and Regulatory Affairs

Kerpen believes the challenge before us is "to elevate regulatory fights to the appropriate level in the public consciousness."

1. You can delegate authority, but you can never delegate responsibility.
2. If you fail to stop out-of-control regulators, voters will hold you accountable.

The Republican "Pledge to America" promised to rein-in regulatory over-reach by requiring Congress to approve any new federal regulation that would have an annual cost to our economy of $100 million or more.⁵

The best way to put Congress to the test is to demand it meet its constitutional responsibility for writing the laws by passing the Regulations from the Executive In Need of Scrutiny Act - that is, the REINS Act.^6 P

In the House the REINS Act is known as H.R. 10⁷ and in the Senate as S. 299.⁸

The Act requires any major regulatory action to receive the approval of the House and Senate, as well as the signature of the president, before the regulation can take effect.

The Act defines a "major action" to be a regulation likely to result in an annual effect on the economy of $100,000,000 or more.

Let me conclude by suggesting that although the Reins Act is a major step in the right direction, it still gives the Executive Branch too much regulatory leeway.

As a matter of constitutional principle, the regulatory agencies should be strictly prohibited from making laws.

All regulatory actions under law - even the minor ones - should require the approval of Congress before they can take effect.

Thank you.

-- Peter Cooper