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The larger issue here is that Bush has issued "midnight" regulations in far greater numbers than Clinton, GHW Bush and Reagan.
The "out" for Obama and the Democratic Congress ironically is a law initiated by Gingrich and the Republican majority of the 90s. The Congressional Review Act enables Congress and the President to overturn any "midnight" regulations by simple majority and cannot be blocked by filibuster in the Senate. The downside is that each regulation has to be voted on individually and Obama and Congress have a full plate w/o having to deal with Bush's last attempt at sidestepping the "checks and balances" of the federal government.
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"The perfect is the enemy of the good."
~ Voltaire
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