Lake Erie Conservative

thoughtful discussion(s) about issue(s)

Posts Tagged ‘Separation of powers’

… Is POTUS really This Crazy ?!?! [#tax increases][#executive action]…

Posted by paulfromwloh on Tuesday,November 29th,2016

.. well , he has pulled that damn jackhole stunt on immigration . Thankfully , it appears that a judge has called him on the carpet on it . He still has delusions of trying to pull more of them in other subject areas …

.. such as taxes ..

.. yes , taxes . It appears that HIS Lordship is preparing another Executive Action , this one that would be designed to raise taxes unilaterally , without congressional action or congressional approval . That would really be nuts …

.. [h/t — Townhall.com/tipsheet]..
.. [link] to the blog post ..

.. this is most definitely a giant step too far . Taking the ” creative ” step that he did in immigration is one thing . But taxes . Taxes ?? … POTUS is [was] a constitutional law professor , or he was allegedly one . Someone evidently forgot to give him a current copy [with amendments] of our Constitution . Boy , did he really screw the pooch on this one …

.. those items that he is trying to change are in the tax law . To be specific , they are in the tax law . They area ensconced in law , which needs to be changed by an Act of Congress . They cannot [and must not] be changed by an Act OF EXecutive fiat …

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… I have Heard of Stupid [#DemoCrap Misconduct]…

Posted by paulfromwloh on Friday,October 7th,2016

.. but this is beyond outrageous …

.. congressional oversight is an important part of Congress ‘ job . Besides the making of law and the changing of law , understanding and investigating what is going on in the government at large is damned important . However , Congress is only one part of a 3 – part system of government …

.. Congress relies on the separation of powers . Congress can issue a subpoena , but it relies on the other two branches to enforce a subpoena . The judicial branch will clearly enforce one , but what about when the executive branch is clearly failing to do its job ….

….Right now , I believe the Executive branch is failing in its duty . They should be acting to enforce a Congressional subpoena . However , right now , they are not doing so . They are actively working to obstruct the work of Congress by failing to do so . Worse is the conduct detailed here …

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

… from Investor ‘ s Business Daily [ and Legal Insurrection.com]…

DOJ Working With Elijah Cummings To Protect The IRS

An aide to the attorney general accidentally calls the office of the House Oversight Committee chairman, asking for help in spinning the defense of the agency whose head just said they obey the law when they can.

We have commented many times of the all-too-cozy relationship between the IRS and Democratic members of the House and Senate, with members writing to the agency demanding that specific conservative groups and political action committees they find particularly irritating be subject to the “special scrutiny” that the Tea Party and other conservative and religious groups were subjected to in the ongoing scandal.

Of particular interest to us has been Rep. Elijah Cummings, D-Md., ranking member on Rep. Darrell Issa’s House Government Reform and Oversight Committee, who has made every effort to keep the committee from finding out the true extent of IRS corruption and abuse of power in its targeting of conservatives…

Now we have Brian Fallon, a former aide to New York Democratic Sen. Chuck Schumer and a communications aide to Attorney General Eric Holder, who mistakenly called Issa’s office thinking it was the office of Cummings and asked for help in leaking documents to selected reporters for the purpose of creating media spin before Issa and his committee could make them public.

As Jonathan Strong reports at Breitbart News, now the subject of an IRS audit, a letter sent by Issa to Holder about the call “describes Fallon as ‘audibly shaken’ when he realizes his request to leak documents to help get ahead of news stories about them was mistakenly made to the very office he was seeking to undermine.”

.. The Executive is actually acting in concert with the House minority to obstruct the investigative acts of the House majority . They are leaking news stories through to the House DemoCraps , who then leak them to so – called ” friendly ” members of the LameStream media . They do it to try to get ahead of a news story in order to manage a news cycle …

.. it is , to say the least , not what they should be doing . They should be co – operating with the House and the Senate , fairly and equally , no matter who runs the place . Conspiring with one side against the other helps to damage our system of government and helps to endanger our rights …

Posted in legal opinion, personal opinion, rule of law, stupidity (legal) | Tagged: , , , , , , , , , , , , , , , , | Leave a Comment »

… 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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… No Kidding [#CRS report][#Exec Amnesty funds blockage]…

Posted by paulfromwloh on Friday,March 25th,2016

.. no big shock …

.. POTUS is doing something illegal ..

.. so , Congress pays the bills ..

.. and , it can step in and say , no , you cannot use taxpayer funds for that …

.. [h/t — Newsmax.com]..
.. [link] to the blog news ..

.. the Congressional Research Service [the so – called non – partisan research arm of the Library of Congress] was requested to do research on the subject of His Lordship ‘ s Executive Amnesty . Whether it was legal , or not ? Also , whether Congress could step in and block the use of funds for a specific purpose ? …

.. C.R.S. says , yes , they can . Congress pays the bills . They can also say , Mr. President , no , you cannot use taxpayer funds for this reason , or for this purpose …

.. also  , monies paid in by taxpayers are taxpayer funds , subject to rule and regulation by Government agencies  and to permission and / or prohibition by Congress . So , Congress has control over fees , as well …

.. now , what happens , politically ? …

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… The Good Guys Strike Back [#SCOTUS][#exec overreach]…

Posted by paulfromwloh on Thursday,February 25th,2016

.. POTUS  acts as if he is a power unto himself . He is  so damn arrogant that he does not seem to realize that there are limits to executive power . POTUS is not , as the Latinos call it , a caudillo , whose own word is law . He is a law unto himself . Un – uh . Our nation and our Constitution do not work that way ..

.. POTUS is the head of the Executive Branch . He / she is the head of one of three co – equal branches . If one branch [the Executive] starts to get too big for their britches , then one or both of the other two branches can and will strike back ..the blog post …

.. In this case , it is SCOTUS who has struck back , and handed the E.P.A. a stunning loss . It still applies , even with the death of Associate Justice Antonin Scalia ..

.. [h/t — Newsmax.com]..
.. [link] to the blog post ..

.. The E.P.A. has proposed what is known as the ” CleaN Power Plan . ” The plan is nothing more than a gigantic gross regulatory overreach into al of our lives . It also allows the OC to implement their Climate change plans by stealth , anD NOT BY LAW . wEll , the courts are having nothing of it .>

.. SCOUTS saw this COMing . It also saw a OC – stuffed dc appeals circuit that ould play aournd with the plan so that Scotus COULD not get its hands on it . WEll ,, SCOTUS saw right thru that stunt , and slapped down the D.C. Circuit , as well as the O.C. ..

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… Now , At least We Know [#POTUS Exec Amnesty Plan]…

Posted by paulfromwloh on Thursday,October 15th,2015

.. it seems that even Obama ‘ s own people do not know how to keep their own big mouths shut . Especially when discretion would be the better part of valour …

.. now , we know , or , we think that we know what is coming with His Lordship ‘ s Executive Amnesty plan ..

.. no , I do not like it . Not one bit …

.. [h/t — Newsmax.com]..
.. [link] to the blog news …

.. whether that it is good politics or is good policy is not the point . The issue is morality , constitutionality , and legality …

.. Our POTUS is not a dictator . He / She is obligated to make sure that the ” laws be faithfully be executed . ” POTUS does not pass laws , he / she signs bills into law ….

.. especially in the area of immigration . The rules and law of immigration are given by our Constitution to Congress , not the President , and especially not the judiciary . As a result , Congress makes the law in this area , like many others where it has either explicit and / or implicit power(s) under the Consitution …

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… Congress Insisted on Its Say [#Iran Nuclear Deal]…

Posted by paulfromwloh on Wednesday,September 16th,2015

.. and POTUS finally backed down ..

.. I think that the Office of White House Counsel reminded the President that only some of the sanctions were Executive in nature . Those type of sanctions were ones that the POTUS can change / alter / delete at his / her whim . However , there are others . The Neutrality Act of the 1930s is a precedent that the ObamaCrap to pay attention to and not ignore …

.. [h/t — Newsmax.com]..
.. [link] to the blog news ..

.. the other Iran Nuclear sanctions are statutory in nature . Those are ones that were enacted by Congress . As much as His Lordship might want to try and waive them , he cannot . Congress is the party that must act . They must change them / alterhm , or delete them ……

.. so Congress will have its say. What that say might be is anyone ‘ s guess …

— [update] — well , they effectively have not had their say . The DummyCraps have filibustered the  one resolution in the Senate , and the House rejected its companion . The one resolution that did clear the House states that ” the clock on Congress ‘ consideration of the subject ” has not started . That one passed overwhelmingly …

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… Are We Governed …

Posted by paulfromwloh on Sunday,April 6th,2014

.. by the Rule of law , or by Presidential Decree …

.. I wanted to reproduce and reuse an excellent editorial of National Review , that they entitled ” It ‘ s the Law …”

.. [h/t — NationalReview]..

.. [link] to the editorial..

As the Supreme Court considers whether the Obama administration can force Hobby Lobby to buy morning-after pills under the Affordable Care Act, the very architecture of that law is on trial one mile away at the U.S. Court of Appeals for the District of Columbia. The question is nominally one of a technical issue in the Affordable Care Act but is more deeply one of the nature of the presidency: Is the president bound by law, or can he unilaterally overrule Congress when he deems it prudent?

Will we be governed under law, or under presidential decree?

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–>The Affordable Care Act authorizes the federal government to offer subsidies and tax credits for the purchase of health insurance through the so-called exchanges created by the states under the law. The architects of Obamacare, having richly larded the bill with a variety of financial inducements, expected that every state would create an exchange and thereby make its residents eligible for those subsidies and tax credits. The great majority of the states, 34 of them, in fact, said, “No.” So the federal government stepped in, as the law empowers it to do, and set up its own exchanges in those states that declined to create their own. The problem, which the Democrats might have anticipated if they’d bothered reading the law before passing it, is that the Affordable Care Act distinguishes between those exchanges created by the states and those created by the federal government, and it authorizes tax credits and subsidies only for state-created exchanges, helpfully identified in the text of the law as exchanges created by one of the fifty states or the District of Columbia. On top of that, a key feature of Obamacare’s complex architecture is that employers and certain individuals are subject to penalties only if those tax credits are available.

 

This created both a policy problem and a political problem for the Democrats: Without the subsidies and punitive taxes, those 34 federally created exchanges will collapse. At unsubsidized rates, premiums will exceed 8 percent of income for practically all of the residents of states receiving subsidies through the federal exchanges — which the Affordable Care Act defines as “unaffordable” — triggering exemptions from the individual mandate to purchase insurance. Which is to say, Obamacare would lose its power to bribe and its power to coerce simultaneously.

So the Obama administration has ordered its health-care enforcers at the IRS to ignore the law and offer the subsidies and credits through the federal exchanges as well. The IRS has no legal authority to do so, and Congress has appropriated no funds for the purpose of underwriting those subsidies. The president is ordering agents of the federal government to violate the law.

The text of the Affordable Care Act repeatedly distinguishes between state-created exchanges and federally created exchanges; the two kinds of exchanges are in fact created in entirely separate sections of the law, Section 1311 for the state exchanges and Section 1321 for the federal exchanges. The law authorizes tax credits and subsidies “through an Exchange established by the State under 1311.” It authorizes none for those created under 1321. This was by design: The authors of the law wanted the states rather than the federal government to create exchanges, partly for political purposes and partly for policy purposes. It is not an oversight that there is no authorization of subsidies for the federal exchanges — the law is designed that way intentionally, which is why the qualifier “established by the state” appears repeatedly throughout its discussion of subsidies and tax credits.

Those who have been seeking to force the Obama administration to follow the law have had a rough go of it in the courts, with Judge Paul Friedman of the U.S. District Court for the District of Columbia exercising maximum judicial imagination to uphold the president’s distilling out of thin air new broad powers for the IRS authorized by no law. Judge Friedman’s legal reasoning is faulty, in no small part because, as Jonathan Adler notes at the Volokh Conspiracy, he “seemed not to understand how the PPACA became law.” Among other things, the judge cites House legislation in support of the Obama administration’s case, but the ACA was a Senate creation, and the House legislation was never merged with the Senate bill and therefore never became law. The Senate bill was famously passed through the reconciliation process with limited amendments and is a very different sort of law from what the House bill was.

President Obama is no doubt disappointed and exasperated by the obduracy of the majority of the states in refusing to go along with his signature health-care program. He should remind himself, or be bluntly reminded, that we write down our laws for a reason, that reason being that the rule of law has proved itself infinitely preferable to arbitrary big-man government. Barack Obama was elected and he was reelected, but he has not yet been offered coronation, and is therefore obliged to follow the law like the rest of us — even a law so deformed, unfinished, and sent before its time into this breathing world scarce half made-up as the Affordable Care Act.

As somebody once said: “It’s the law.”

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… If There is No Legal Basis [for Exec Orders] …

Posted by paulfromwloh on Saturday,February 1st,2014

.. then , what is their legal foundation , if any .

.. this piece frames a substantive question from US Senator Mike Lee [R-UT] that was put forth in an oversight hearing in the Senate Judiciary Committee . AG Holder was , to say the least , on the hot seat . He could not provide any legal basis at all for many of POTUS ‘ EOs , especially his delay of the ObamaCrapCare employer mandate . If there was not any legal basis for them , then how are they legitimate at all …

.. [h/t —Washington Examiner] ..

.. [link] to the Congressional testimony . Watch the AG sizzile as he tries to explain the unexplainable acts …

.. the courts will give the Exec Branch a great deal of what it now known as ” Chevron deference ” in the interpretation and implementation of a law . That deference only goes so far . If it does not confer with Congressional intent , Congressional powers , and / or the explicit or implicit powers of the Executive , then No Soap ..

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… The Virus that Needs to Be Curbed , Axelrod …

Posted by paulfromwloh on Friday,August 23rd,2013

.. is the demagogic politics of your former boss , Davey – Boy !

.. David Axelrod (or , as I prefer to call him Assholerod) appeared on pMSNBC to comment on U.S. Senator Tom Coburn ‘ s own appearance earlier in the day . It was also a commentary on comments that Coburn had mad at various town hall – style events that Senator Coburn had held back in Oklahoma during the August recess . To say the least , Davey Boy was not amused .

.. [link] Here is the link for the video , and please watch it . No , I am not a fan of Assholerod . Far from it , it shows how bloody arrogant the ObamaCraps and their fellow travelers are about what they have done , and what they are trying to do . Axelrod ‘ s pique was specific to Coburn ‘ s comments about POTUS being perilously close to the borderline of “impeachable offences . ”

.. Coburn is right . Obama has , to be honest , committed several impeachable offences . One of them being the gross abuse of power . That one has occured on several occasions . There are indeed others . And there is more to come on that . That is for sure .

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… the Judiciary has to Step In …

Posted by paulfromwloh on Friday,October 12th,2012

… I am not a favourite of Congress ‘ overstepping its bounds , or its powers . However  , it does have legitimate tasks to do , folks …

… One is the making of our laws . That one is a no – brainer …

… The next is oversight . Yes , within certain bounds , respecting the separation of powers . But , they do need to investigate what is going on in the executive department(s) [the cabinet agencies] of government . The President , the Presidency , and the Executive Office of the President (the E.O.P.) are covered by claims (yes , legit ones) of executive privilege . The cabinet agencies are not …

… The other is investigation , in particular , the investigation of wrongdoing . They have a need – to – know , because if laws need to be created , changed , or abolished , Congress does have a need for the info , within the same bounds , as for oversight . Congress ‘ job is not to prosecute lawbreakers , as much as committee chairman fashion themselves as “prosecutors.”  They are not , they are congresscritters ,  pure and simple …

… the Department of Injustice under the recent Democratic administrations (both Clinton and Obama) have had to deal with Congressional majorities of both parties . They should pick and choose which parties ‘ subpoenas they  respect…

… If there is a legitimate reason to block or quash a subpoena , then the DofIj should act to do so . If not , then they should act to enforce the subpoena promptly , and without delay …

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