Kathleen,
Your question is not a matter of ninth grade civics class: this is an
excellent question, an astute oberservation, about our very complicated
(federal) constitutional system of checks and balances. And, I am not
certain that I can give you a totally correct, comprehensive answer. Both
the Senate and the House of Representatives have to pass a bill to make it
into law, but it is the House of Representatives (and, you are correct, that
it is not the President in the executive branch) that has the powers of the
pursestring, that has to approve federal appropriations, the federal funding
for our laws. In the executive branch, under the authority of the
president, there are the cabinet, all the staff and all those advisors for
the president, and all the administrative agencies (usually created by laws
which are passed by Congress).
My understanding is the issue of federal funding for stem cells
research comes from the National Institute of Health, and its
approval/nonapproval of funding for research projects for stem cell research.
The NIH is a program, or division, within the administrative agency, the
Department of Health and Human Services, whose Secretary, or highest-ranking
administrative chief, is Wisconsin's own (embarassment), Tommy Thompson. The
NIH is under the authority of Secretary Thompson, and Secretary Thompson is
under the authority of the president. The funding for each specific research
project, stem cell or not, as approved by the NIH, comes from the NIH budget.
The NIH budget comes from congressional appropiations for the federal
government, the DHS, and, at any time, Congress can, with a bill, or
amendment to a bill, or a rider to a bill, or whatever, ban stem cell
research and/or can ban the use of federal funds to support stem cell
research.
That battle with Congress is looming on the horizon; but the battle
we are now looking at is a policy decision (and also a subsequent funding
decision) by the president in regard to adminstrative decisions within the
executive branch of government. The specific issue is the approval of stem
cell research, and the funding of that research, by the NIH. It is not
uncommon for policy decisions to be made up and down the ladder of authority
within the federal, executive branch of government, and up and down the
ladder of authority within a specific administrative agency. (I just bet
that Tommy Thompson, who was so tickled pink to be named as Secretary of DHS
by the president and to have that appointment approved by the Senate without
opposition, never even imagined that this little issue of the funding of
research projects on stem cell research within the NIH would immediately put
him into conflict with his boss, the president, and would raise the spectre
of the end of his career in federal government before it even began. Poor
man, but not to worry, he was once again in Wisconsin recently, on his
Harly-Davidson motorcycle, riding our state's highways and byways, with his
faithful political croonies, obviously on his August "working vacation,"
immersed in the complexities of these stem cell issues).
Each administrative agency makes and publishes regulations, after
public notice and after following a mandated procedure for promulgating
federal regulations. These are not laws passed by Congress; they are
administrative guidelines that take up pages and pages of fine print in the
Code of Federal Regulations. These regulations govern the operation of these
administrative agencies and, ultimately, our lives. These regulations are
not laws as passed by Congress, but, in a very contorted, legal way, these
regulations have the force and effect of law. And, then, there is that
little matter of administrative guidelines which are also promulgated by the
administrative agency after notice and public comment, and which also have
the force and effect of law. Guidelines are further down in the legal
hierarchy, and agency personnel, the Secretary, the president can promote
change in public attitudes and in the law by issuing guidelines. This is
very, very complicated legally, but this use of administrative guidelines can
be a "simple" way for the President and/or one of the administrative
agencies to get what it wants, it can be a de facto check used by the
president, in our constitutional system of checks and balances, on the power
of the legislative branch of government.
Former President Clinton can't get, or doesn't think, he'll get
congressional cooperation on the issue of stem cell research, and, as we all
know, this is such an explosive, and divisive, public issue. President
Clinton probably knows he will never achieve congressional legislation
favorable to stem cell research, and he knows if he does achieve that, it
will cost him dearly. Voila! The NIH issues the administrative guidelines
on the approval of grants for stem cell research, and the funding for those
grants. (The President could have also used his power under the
Constitution to issue an executive order to provide for stem cell research,
but if he did that, he probably would not have been able to provide the
funding for the research).
This is where where we are now, today. President Bush is going to
announce his policy decision on stem cell research, and the funding for that
research. The President's decision will directly impact upon Secretary
Thompson, and his agency, the DHS, and the operation of that agency, upon the
NIH within that administrative agency, and those existant guidelines on stem
cell research. The mechanism in HHS (specificly within the NIH) for
approving and funding stem cell research grants was in place when President
Bush was elected, but it all stopped this spring when NIH sat on its hands,
refused to announce its stem cell research grants, and waited for direction
on this area of policy from the new president. That lawsuit by Christopher
Reeves, and other celebrities and scientists, was to ask the federal courts
to enforce the federal administrative guidelines on stem cell research from
President Clinton's administration. That lawsuit, in my opinion, serves no
purposes other than publicity and strategy for stem cell research supporters;
this lawsuit will only work if President Bush adopts, does not change, former
President Clinton's guidelines on stem cell research.
We have a new president, a new administrative regime--we do have new
Secretary Thompson of the DHS, who, in the past, publicly approved the stem
cell research at the University of Wisconsin-Madison, but the power, the
authority belongs to the President. The President has made his decision, on
his August "working" vacation at his Texas ranch, and he will apparently
announce his decision tonight. Tommy Thompson, as Secretary of DHS, will
direct the NIH, and other appropriate persons and divisions within the DHS,
such as the legal staff, and those drafters of the agency's regulations and
guidelines. to take appropriate adminstrative action in conformance with the
President's decision. Voila! We will then have new proposed guidelines to
read and to comment upon, guidelines that may change or may repeal the
guidelines from President Clinton's administration. One sentence in the Code
of Federal Regulations could negatively effect stem cell research in this
country for a long time. Secretary Thompson could thwart the President, DHS
could, NIH could, but they have shown, so far, that they will follow the
president's decision. Once we are finally done with all this with the
president and the DHS, the administrative agency within the executive branch,
the battle will probably shift to Congress, our legislative branch of
government Very, very complicated process on one hand, and, on the other
hand, it is "just" our federal, constitutional system of checks and balances
as used and developed over time by us and our three branches of government.
Whatever this all is, it is not ninth grade civics class.
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