Surprise! Debt-ceiling deal gives Obama a blank check: Loophole will allow government to spend WITHOUT LIMIT until February
It’s the ultimate sweetheart deal for a free-spending federal government: Wednesday night’s debt deal didn’t actually raise the limit on America’s credit card, but instead removed it entirely until February 7, 2014.
Whether through legislative sleight-of-hand or something less sinister, the law of the land now permits the U.S. to run up new debts for 16 weeks without consequences, and forbids the Treasury Department from enforcing the debt limit that ordinarily keeps spending from spiraling out of control.
Some observers noted on Wednesday that when Congress burned the midnight oil to debate a deal that would save the U.S. from crashing through its existing $16.7 trillion debt ceiling and risking a credit default, there was no debate over exactly how far to raise it.
House and Senate negotiators only discussed how long the agreement would last.
The Bipartisan Policy Center estimated that if the government had extended its debt ceiling in this fashion through the end of 2014, as one Republican proposal suggested, the federal government’s debt would have ballooned by $1.1 trillion.
At that rate, the national debt will likely grow by at least $282.5 billion on its own by the time Feb. 7 rolls around, bringing the total close to an even $17 trillion.
But there’s no guarantee it won’t grow even faster, especially if the legislative initiatives President Obama outlined Thursday morning were to cross the finish line by year’s end, as he demanded in his first public remarks since signing the debt-limit hike law shortly after midnight.
Obama said he wants Congress to give him a new budget deal, a 5-year farm bill and a comprehensive reform of America’s immigration laws, all before New Year’s Day.
Any one of those three could be a colossal budget-buster. Under ordinary circumstances, a hard-and-fast debt limit might serve as a check against runaway spending; but with no ceiling, Democrats could raid the Treasury to give the president what he wants, without fear of practical roadblocks getting in the way.
Republicans, too, could take advantage of the spending loophole. Senate Minority Leader Mitch McConnell demonstrated on Wednesday that he’s willing to accept expensive pot-sweeteners in exchange for a tidy solution to a messy problem.
When Obama signed the debt-bailout package into law, it included more than $2 billion in new spending for a dam project in McConnell’s home state of Kentucky, answering for some the thorny question of why the Senate’s top Republican would be so eager to make Democrats look good by negotiating a deal when tea party conservatives in the House were refusing to do so.
According to the conservative Heritage Foundation, Obama and Congress have already used the trick of ‘suspending’ the debt ceiling for a fixed period of time once before – running from February to May of this year.
That deal added $300 billion to the national debt in 102 days. The deal that went into effect Thursday covers 114 days.
The only requirement for that earlier agreement was that the Democrat-led Senate produce a formal budget for the first time since President Obama took office, which it did.
‘No savings were accomplished,’ says Heritage.
‘Suspending the debt is less transparent to the American people,’ the group explains, adding that ‘a calendar date is not nearly as scary to constituents as a figure in the trillions of dollars.’
The coming battles over a year-long federal budget, including Democrats’ demands for new taxes and an expected Republican push for spending cuts, could actually reduce deficit spending; but with no credit limit holding them back, lawmakers could see a perfect storm for committing to hundreds of billions in new earmarked projects calculated to please constituents back home.
The farm bill, too, is likely to rack up record spending on programs like food stamps, which fall under the Department of Agriculture’s budget: The Obama administration has already doubled the number of Americans receiving these entitlements since January 2009.
But immigration could require the biggest blank check of all.
While Obama and congressional liberals want to put 11 million illegal aliens on a path to citizenship, conservatives have consistently argued that the nation’s borders must first be secured. That, Democrats have countered, is simply too expensive to contemplate since it would likely involve building thousands of miles of new high-tech fences and staffing the Mexican border with thousands of guards whose salaries no one has contemplated yet.
Capitol Hill sources tell MailOnline that without a fixed debt ceiling over their heads, everyone in Congress might suddenly find it workable to give both parties what they want.
‘I can’t speak for the whole Republican caucus, of course,’ said a policy staffer to a conservative GOP House member, ‘but some of us want a border fence badly enough that we’ll look the other way if it adds a few hundred billion to the national debt.’
‘And once that’s in place, the biggest impediment to a citizenship path disappears.’
Since President Obama took office, new deficit spending has added about $43,000 to the national debt for every household in America.
That reflects a 60 per cent increase in the debt from where it sat on his first Inauguration Day, at $10.3 trillion.
At current rates of growth, Obama will leave office with national debts twice the size of those accumulated by all the previous U.S. presidents combined.
• SECRET agreement between the Obama administration and the Muslim Brotherhood (not the Egyptian government) to give 40% of the Sinai and the annexation of that part of Egyptian territory in Gaza. The objective is to facilitate the conclusion of a comprehensive peace agreement between Israel and the Palestinians
• This agreement was signed by Khairat el Shater (number 2 of the Brotherhood) by Morsi and the Supreme Guide FM. (FM stands for Muslim Brotherhood)
• A sum of U.S. $ 8 billion was paid in exchange for FM.
• The document was seized by the army following the deposition of Morsi. This is the army that has leaked the news.
• An investigation is ongoing Morsi and El Shater. An arrest warrant was filed against the Guide to FM and other members of his office.
• FM signatories to the agreement are liable to the death penalty for treason.
• The Obama administration would try to reach an agreement with el Sissi (chairman of the Supreme Council of the Armed Forces): recognition of the legitimacy of the “coup” in exchange for his silence about the secret agreement. But el Sissi would be more interested in the conviction of FM and discredit their organization which is Egypt’s main source of danger.
• The Republican members of Congress are seriously looking into the case. If proven, the process of Obama impeachment could be triggered.
Source and Video: Here
Like King James II, the president decides not to enforce laws he doesn’t like. That’s an abuse of power.
By MICHAEL W. MCCONNELL
President Obama’s decision last week to suspend the employer mandate of the Affordable Care Act may be welcome relief to businesses affected by this provision, but it raises grave concerns about his understanding of the role of the executive in our system of government.
Article II, Section 3, of the Constitution states that the president “shall take Care that the Laws be faithfully executed.” This is a duty, not a discretionary power. While the president does have substantial discretion about how to enforce a law, he has no discretion about whether to do so.
This matter—the limits of executive power—has deep historical roots. During the period of royal absolutism, English monarchs asserted a right to dispense with parliamentary statutes they disliked. King James II’s use of the prerogative was a key grievance that lead to the Glorious Revolution of 1688. The very first provision of the English Bill of Rights of 1689—the most important precursor to the U.S. Constitution—declared that “the pretended power of suspending of laws, or the execution of laws, by regal authority, without consent of parliament, is illegal.”
To make sure that American presidents could not resurrect a similar prerogative, the Framers of the Constitution made the faithful enforcement of the law a constitutional duty.
The Justice Department’s Office of Legal Counsel, which advises the president on legal and constitutional issues, has repeatedly opined that the president may decline to enforce laws he believes are unconstitutional. But these opinions have always insisted that the president has no authority, as one such memo put it in 1990, to “refuse to enforce a statute he opposes for policy reasons.”
Attorneys general under Presidents Carter, Reagan, both Bushes and Clinton all agreed on this point. With the exception of Richard Nixon, whose refusals to spend money appropriated by Congress were struck down by the courts, no prior president has claimed the power to negate a law that is concededly constitutional.
In 1998, the Supreme Court struck down a congressional grant of line-item veto authority to the president to cancel spending items in appropriations. The reason? The only constitutional power the president has to suspend or repeal statutes is to veto a bill or propose new legislation. Writing for the court in Clinton v. City of New York, Justice John Paul Stevens noted: “There is no provision in the Constitution that authorizes the president to enact, to amend, or to repeal statutes.”
The employer mandate in the Affordable Care Act contains no provision allowing the president to suspend, delay or repeal it. Section 1513(d) states in no uncertain terms that “The amendments made by this section shall apply to months beginning after December 31, 2013.” Imagine the outcry if Mitt Romney had been elected president and simply refused to enforce the whole of ObamaCare.
This is not the first time Mr. Obama has suspended the operation of statutes by executive decree, but it is the most barefaced. In June of last year, for example, the administration stopped initiating deportation proceedings against some 800,000 illegal immigrants who came to the U.S. before age 16, lived here at least five years, and met a variety of other criteria. This was after Congress refused to enact the Dream Act, which would have allowed these individuals to stay in accordance with these conditions. Earlier in 2012, the president effectively replaced congressional requirements governing state compliance under the No Child Left Behind Act with new ones crafted by his administration.
The president defended his suspension of the immigration laws as an exercise of prosecutorial discretion. He defended his amending of No Child Left Behind as an exercise of authority in the statute to waive certain requirements. The administration has yet to offer a legal justification for last week’s suspension of the employer mandate.
Republican opponents of ObamaCare might say that the suspension of the employer mandate is such good policy that there’s no need to worry about constitutionality. But if the president can dispense with laws, and parts of laws, when he disagrees with them, the implications for constitutional government are dire.
Democrats too may acquiesce in Mr. Obama’s action, as they have his other aggressive assertions of executive power. Yet what will they say when a Republican president decides that the tax rate on capital gains is a drag on economic growth and instructs the IRS not to enforce it?
And what of immigration reform? Why bother debating the details of a compromise if future presidents will feel free to disregard those parts of the statute that they don’t like?
The courts cannot be counted on to intervene in cases like this. As the Supreme Court recently held in Hollingsworth v. Perry, the same-sex marriage case involving California’s Proposition 8, private citizens do not have standing in court to challenge the executive’s refusal to enforce laws, unless they have a personal stake in the matter. If a president declines to enforce tax laws, immigration laws, or restrictions on spending—to name a few plausible examples—it is very likely that no one will have standing to sue.
Of all the stretches of executive power Americans have seen in the past few years, the president’s unilateral suspension of statutes may have the most disturbing long-term effects. As the Supreme Court said long ago (Kendall v. United States, 1838), allowing the president to refuse to enforce statutes passed by Congress “would be clothing the president with a power to control the legislation of congress, and paralyze the administration of justice.”
Mr. McConnell, a former judge on the U.S. Court of Appeals for the Tenth Circuit, is a professor of law and director of the Constitutional Law Center at Stanford Law School and a senior fellow at the Hoover Institution.
A version of this article appeared July 9, 2013, on page A13 in the U.S. edition of The Wall Street Journal, with the headline: Obama Suspends the Law.
Posted by William Kennedy
This Constitution, and the laws of the United States which shall be made in pursuance thereof; and all treaties made, or which shall be made, under the authority of the United States, shall be the supreme law of the land; and the judges in every state shall be bound thereby, anything in the Constitution or laws of any State to the contrary notwithstanding. Article VI, US Constitution
Timothy Bloodworth in the State Ratifying Convention of North Carolina stated the consensus of those that opposed the Supremacy Clause when he stated, “It appears to me to sweep off all the Constitutions of the states. It is a total repeal of every act and Constitution of the states. The Judges are sworn to uphold it. It will produce an abolition of the state governments. Its sovereignty absolutely annihilates them.”
So, was Timothy Bloodworth and others who opposed the Constitution and the Supremacy Clause right or were the Federalists?
The major architects of the Constitution and those that led the fight for its adoption laid down what the Supremacy Clause meant in reality at the Ratifying Conventions, by doing so they defended State Sovereignty, and set the stage for the negation of unconstitutional actions.
Alexander Hamilton promised during the New York Ratifying Convention that the, “supreme Legislature has only general powers and the civil and domestic concerns of the people are regulated by the laws of the several States. … If the State governments were to be abolished, the question would wear a different face; but this idea is inadmissible. They are absolutely necessary to the system. Their existence must form a leading principle in the most perfect Constitution we could form.” And later he said, ““I maintain that the word supreme imports no more than this — that the Constitution, and laws made in pursuance thereof, cannot be controlled or defeated by any other law. The acts of the United States, therefore, will be absolutely obligatory as to all the proper objects and powers of the general government…but the laws of Congress are restricted to a certain sphere, and when they depart from this sphere, they are no longer supreme or binding”. And again In Federalist #33: “It will not, I presume, have escaped observation that it expressly confines this supremacy to laws made pursuant to the Constitution….” (Emphasis Added)
Or this from Thomas McKean, at the Pennsylvania Ratifying Convention: “The meaning [of the Supremacy Clause] which appears to be plain and well expressed is simply this, that Congress have the power of making laws upon any subject over which the proposed plan gives them a jurisdiction, and that those laws, thus made in pursuance of the Constitution, shall be binding upon the states”. (Emphasis added)
And from the First North Carolina Ratifying Convention where James Iredell said, “When Congress passes a law consistent with the Constitution; it is to be binding on the people. If Congress, under pretense of executing one power, should, in fact, usurp another, they will violate the Constitution.” (Emphasis added)
James Madison further defended the Supremacy Clause in Federalist #45 by stating, “The powers delegated by the proposed Constitution to the federal government, are few and defined. Those which are to remain in the State governments are numerous and indefinite. The former will be exercised principally on external objects, as war, peace, negotiation, and foreign commerce; with which last the power of taxation will, for the most part, be connected. The powers reserved to the several States will extend to all the objects which, in the ordinary course of affairs, concern the lives, liberties, and properties of the people, and the internal order, improvement, and prosperity of the State.” (Emphasis added)
Then we have Noah Webster writing as “America” also explaining the Supremacy Clause when he stated, “you know that the powers of the Congress are defined, to extend only to those matters which are in their nature and effects, general. You know, the Congress cannot meddle with the internals police of any State, or abridge its Sovereignty. And you know, at the same time, that in all general concerns, the laws of Congress must be supreme, or they must be nothing.” (Emphasis added)
Repeatedly the Federalist indorsed arguments establishing federal supremacy in the areas that were laid out in the enumerated powers of the Constitution but in doing so, they recognized that in ALL other areas the states were supreme. This is what has come to be known as “dual federalism” or “dual sovereignty” and this is the common thread put forth in defense of the Supremacy Clause. They clearly intended that the states be a check on the general government exceeding its authority.
Thus by their very defense the proponents of the Supremacy Clause they established the concept of Nullification if not the word, that came later with Thomas Jefferson. Because as they the writers and ratifiers repeatedly stated that unconstitutional laws were “no longer supreme or binding” and “Congress cannot meddle with the internal police of any state, or abridge its Sovereignty”, they clearly intended for the states to be a “check” on the general government.
So, if the states where to be a check on the unconstitutional actions how where they to do so?
Well Thomas Jefferson said when writing in the Kentucky Resolves opposing the Alien and Sedition and Acts; “Resolved, that the several States composing the United States of America, are not united on the principle of unlimited submission to their general government … whensoever the general government assumes undelegated powers, its acts are unauthoritative, void, and of no force.”
And, …”that the general government is the exclusive judge of the extent of the powers delegated to it, stop nothing short of despotism; since the discretion of those who administer the government, and not the constitution, would be the measure of their powers…
That the several states who formed that instrument, being sovereign and independent, have the unquestionable right to judge of its infraction; and that a nullification, by those sovereignties, of all unauthorized acts done under colour (sic) of that instrument, is the rightful remedy.” (Emphasis added)
And what did Madison say when writing the Virginia Act opposing the same Alien and Sedition Acts?
“That this Assembly (Virginia) doth explicitly and peremptorily declare, that it views the powers of the federal government, as resulting from the compact, to which the states are parties; as limited by the plain sense and intention of the instrument constituting the compact; as no further valid than they are authorized by the grants enumerated in that compact; and that in case of deliberate, palpable, and dangerous exercise of other powers, not granted by the said compact, the states who are parties thereto, have the right, and are in duty bound, to interpose for arresting the progress of the evil, and for maintaining within their respective limits, the authorities, rights and liberties appertaining to them. (Emphasis added)
“…That government was an agent. It could not be the judge of its own powers. To allow it to be so would mean nothing less than a government of unlimited power, a tyranny. The partners to the Constitution, the sovereign peoples of the States, were the final judges of what they had intended the Constitution to mean. When the general government exceeded its power it was the right and duty of the State to interpose its authority and defend its people from federal acts of tyranny – yes, to render a federal law inoperative in the State’s jurisdiction…” (Emphasis added)
Clearly, our Founders “are not united on the principle of unlimited submission to their general government”, they established the means for the states to defend themselves and their citizens from a general government that exceeding its authority and that power is NULLIFICATION.
I think the best description of what NULLIFICATION is and is not is found in Nullification: It’s Officialby Derek Sheriff.
“Nullification is not secession or insurrection, but neither is it unconditional or unlimited submission. Nullification is not something that requires any decision, statement or action from any branch of the federal government. Nullification is not the result of obtaining a favorable court ruling. Nullification is not the petitioning of the federal government to start doing or to stop doing anything. Nullification doesn’t depend on any federal law being repealed. Nullification does not require permission from any person or institution outside of one’s own state.
So just what IS “official” nullification you might be asking?
Nullification begins with a decision made in your state legislature to resist a federal law deemed to be unconstitutional. It usually involves a bill, which is passed by both houses and is signed by your governor. In some cases, it might be approved by the voters of your state directly, in a referendum. It may change your state’s statutory law or it might even amend your state constitution. It is a refusal on the part of your state government to cooperate with, or enforce any federal law it deems to be unconstitutional.
Nullification carries with it the force of state law. It cannot be legally repealed by Congress without amending the US Constitution. It cannot be lawfully abolished by an executive order. It cannot be overruled by the Supreme Court. It is the people of a state asserting their constitutional rights by acting as a political society in their highest sovereign capacity. It is the moderate, middle way that wisely avoids harsh remedies like secession on the one hand and slavish, unlimited submission on the other. It is the constitutional remedy for unconstitutional federal laws.”
William Kennedy [send him email] is the State Director for the North Carolina Tenth Amendment Center. A strong supporter of the Constitution, Declaration of Independence and the Bill of Rights with special emphasis on State Sovereignty protected by the Tenth Amendment.
- The Supremacy Clause (veteran-patriot.com)
- Nullification and Obamacare: rejection of the rule of law (inpropriapersona.com)
- Defending the Supremacy Clause via State Nullification (tenthamendmentcenter.com)
- Refuting Historical Ignorance On Secession & Nullification! (politicalvelcraft.org)