Lake Erie Conservative

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Archive for the ‘congressional intent’ Category

… So What Can Be Done ?!?! [#Iran Nuclear Agreement]…

Posted by paulfromwloh on Wednesday,August 10th,2016

.. according to the terms of the agreement [and the Corker – Cardin bill] , the bill must be voted on by September 17th ..

.. there are several sources that indicate that the entire agreement [as it stands] has NOT been presented to the U.S. Congress . How do we know ? Congressman Pompeo and one of his senate colleagues [I am not sure who] were inadvertanly briefed by the IAEA and the US in Switzerland during the final negotiations . Also , there were classified briefings of members of Congress . Those briefings indicate that there are side deals , the existence of which has not been publically disclosed . So we know the truth …

.. [h/t — WashingtonComPost.com]..
.. [link] to the blog column ..

.. voting on the agreement would be outrageous . Congress has not been presented the entire thing . Also , the whole enterprise has been designed to evade the eyes of the US Congress .

.. so what happens ?? …

.. Congressman Pompeo and constitutional scholar David Rivlin offer a solution …

That review period was supposed to take 60 days and is triggered the day the president submits the agreement to Congress. However, because the president failed to submit the agreement in full, as the law requires, the 60-day clock has not started, and the president remains unable lawfully to waive or lift statutory Iran-related sanctions. Indeed, since the act also provides for the transmittal of the agreement to Congress between July 10 and Sept. 7, the president’s ability to waive statutory sanctions will remain frozen in perpetuity if Congress does not receive the full agreement Monday .

Congress must now confront the grave issues of constitutional law prompted by the president’s failure to comply with his obligations under the act. This is not the first time this administration has disregarded clear statutory requirements, encroaching in the process upon Congress’s legislative and budgetary prerogatives. The fact that this has happened again in the context of a national security agreement vital to the United States and its allies makes the situation all the more serious.

For Congress to vote on the merits of the agreement without the opportunity to review all of its aspects would both effectively sanction the president’s unconstitutional conduct and be a major policy mistake. Instead, both houses should vote to register their view that the president has not complied with his obligations under the act by not providing Congress with a copy of an agreement between the IAEA and Iran, and that, as a result, the president remains unable to lift statutory sanctions against Iran. Then, if the president ignores this legal limit on his authority, Congress can and should take its case to court.

.. don’t vote on the agreement . Vote on a resolution that demands that the entire agreement be disclosed publically . Also , said resolution should state that the Corker – Cardin bill is not in effect , due to the failure of the ObamaCraps to present it to Congress . Let the DemoCraps filibuster that …

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… Don’t Those Knuckleheads Ever Learn [#US Treasury][#tax inversion]…

Posted by paulfromwloh on Wednesday,April 6th,2016

.. it seems that Our country ‘ s Treasury Department is a glutton for punishment . Also , they want to be stuck in court with multiple court cases ..

.. So , what the fart is the big brawl all about with these ” tax inversions ?? ” …

.. simple , and for 2 reasons . One is our country ‘ s tax rate . Currently our’ s top tax rate for corporations is about 35.0% , which is the highest in the Western World . Having a rate that high is going to inspire many attempts to go to tax havens , and the use of tax dodges ..

.. [h/t — Reuteurs.com/business]..
.. [link] to the blog post news ..

.. the other is the way our country taxes corporations . Worldwide , companies are taxed generally one way . They only pay tax on the earnings on the income earned in that specific country . Our does it radically different . Our country taxes income on companies on a worldwide business basis . It just does not mean our nation alone , but in every other country on the planet ..

.. Treasury is trying to legislate by ” executive order ” or by regulation . Oops . Regulations may interpret and implement existing law . They may not act to write new law . That is Congress ‘ job ,folks ..

.. So , what happens ? The stuff get challenged in court , and by a company willing to take on the battle .most companies do not want the to spend the fuss or the tIme .But some do . Those are the ones that will benefit from the battle [and the expense]…

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… Now the ObamaCraps are threatening Border Patrol Agents [#job threats]…

Posted by paulfromwloh on Wednesday,March 23rd,2016

.. the OCs are bad enough . Legislating thru policy . Doing that is patently illegal , especially unconstitutional . But they especially pile it on ..

.. they are threatening Border Patrol agents . You might ask — Why ? and How ? ..

.. well the B.P.s are continuing to enforce the law ” as written . ” Well , to say the least , that really pisses off the OCs . They want to basically ” waive ole ” at the border , and tell the illegals to come on in . They also want the illegals to be caught , then released . The BPs are refusing to obey the illegal orders . They are enforcing the law , as written , and jailing the illegals . This forces the OCs to use the immigration courts , or even the federal courts , to free the illegals . Poetic Justice indeed ..

.. [h/t — Breitbart.com(Texas)]..
.. [link] to the blog post ..

.. remember , Texas v. U.S. is now in front of SCOTUS . The justices , like everyone else , are aware of the stakes . Now there will be a confirmation battle over Scalia ‘ s replacement . How the case resolves itself will be interesting ..

.. It could well be a 5 – 3 or 6 -2 ruling . My guess would be 5 – 3 . It would mean the 4 remaining conservatives are joined by Steven Breyer . If it is 4 to 4 , it will announced as being held over . There will be no choice .The stakes are too high ..

.. it should be an 8 – 0 decision ..

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… The F.C.C. has not Gotten the Message [#internet regulation]…

Posted by paulfromwloh on Friday,January 1st,2016

.. you would think that the Federal Communications Commission [the F.C.C.] would have gotten the message , by now .

.. Congress has said no to ” Net neutraility . ” Twice . Also , the federal appeals courts [the D.C. Circuit Court , to be specific] has also SAID ” no ” to ” Net Neutrality . ” Twice more …

.. well , I guess that it is time for Round 3 …

.. [h/t — CNSNews.com]..
.. [link] to the news article ..

.. ISPs and other companies will not stand for this . There will be a huge bi – partisan majority in Congress to overrule the F.C.C. . Not only that , they will act to amend federal law to specifically state that the Internet is NOT a public utility , and that ” Net Neutrality ” is not the will of Congress …

.. either this bill or the Iran Sanctions bill will be the first one in which His Lordship ‘ s veto is overridden …

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… I fully and Wholeheartedly Support the Senate GOP letter on the Iran Sanctions process [#tom cotton]…

Posted by paulfromwloh on Monday,March 30th,2015

.. i took quite a bit of time on this .

.. yes , I admittedly wanted to examine the fallout . No , that does not mean that I am a chicken . On something this important , I wanted to be sure of my position …

.. I am certain of it , now ..

.. [h/t — Senate.gov]..
.. [link] to the text of the Senate GOP letter ..
.. [link] to a copy of the Senate GOP letter …

.. the ObamaCrap Admininstration needed a wake – up call . To be honest , so did the Senate Democrats . They needed to understand that His Lordship is not the sole voice in U.S. Foreign Policy . Iran may think that POTUS is paramount . Most times , he / she usually is . In this case , however , POTUS holds only part of the power . Congress holds its share …

.. Congress most definitely has a role in this case . This letter remnds His Lordship of that , as much as he may not like it or remember it . Congress regulates interstate commerce [domestic] and international commerce [foreign agreements , treaties] . So POTUS cannot do whatever he / she damn well pleases . Congress has concurrent power , one which cannot be ignored . It is that simple …

.. the reaction has been a real honey . Sure , the Senate Dems [and the House Dems] are really pissed . Who wouldn’t be , but even they cooled their tempers , once they realized what was going on . So , a bipartisan bill is still most definitely in play . Whether His Lordshipp likes it or not . The only question that will remain is the number of votes that it will take to pass the bill [and get a clear veto – proof majority]…

.. here is the  printed text of the letter …

 

An Open Letter to the Leaders of the Islamic Republic of Iran:

 

It has come to our attention while observing your nuclear negotiations with our government that you may not fully understand our constitutional system.  Thus, we are writing to bring to your attention two features of our Constitution—the power to make binding international agreements and the different character of federal offices—which you should seriously consider as negotiations progress.
First, under our Constitution, while the president negotiates international agreements, Congress plays the significant role of ratifying them.  In the case of a treaty, the Senate must ratify it by a two-thirds vote.  A so-called congressional-executive agreement requires a majority vote in both the House and the Senate (which, because of procedural rules, effectively means a three-fifths vote in the Senate).  Anything not approved by Congress is a mere executive agreement.
Second, the offices of our Constitution have different characteristics.  For example, the president may serve only two 4-year terms, whereas senators may serve an unlimited number of 6-year terms.  As applied today, for instance, President Obama will leave office in January 2017, while most of us will remain in office well beyond then—perhaps decades.
What these two constitutional provisions mean is that we will consider any agreement regarding your nuclear-weapons program that is not approved by the Congress as nothing more than an executive agreement between President Obama and Ayatollah Khamenei.  The next president could revoke such an executive agreement with the stroke of a pen and future Congresses could modify the terms of the agreement at any time.
We hope this letter enriches your knowledge of our constitutional system and promotes mutual understanding and clarity as nuclear negotiations progress.

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