White House Rules by Fiat Once Again

The White House is well aware of the separation of powers “problem.”


In the shadow of yesterday’s disastrous Wall Street meltdown and President Barack Obama’s address to the nation, a lesser-noticed piece of news emerged from the Obama Administration: By executive fiat, the White House is once again circumventing Congress in the name of advancing the President’s agenda.

It’s a story we’ve heard before. Where President Obama can’t legislate, he will use executive branch action to accomplish his agenda. In the past, he has applied that tactic in the auto bailout, EPA regulations, and Obamacare. Now he’s using this approach to remake No Child Left Behind (NCLB)—the most significant K-12 education law—by granting states conditional waivers from the onerous provisions of NCLB in exchange for adopting a yet-to-be-specified set of executive branch education policy priorities. The news came in an announcement from the Department of Education:
With the new school year fast approaching and still no bill to reform the federal education law known as No Child Left Behind, the Obama administration will provide a process for states to seek relief from key provisions of the law, provided that they are willing to embrace education reform.
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