Government shutdown veiling an assault on separation of powers, oversight, and the budgetary authority of Congress

by Chuck Norton

UPDATE – Just as we predicted, Democrats in the Senate are floating a bill to allow the President to raise the debt limit in direct violation of Article I of the Constitution. The Democrats have written the bill so that it would take a super majority in both chambers to block the President from giving himself an unlimited credit card.

Congress is not a rubber stamp. What President Obama and the Democrats are doing is a frontal assault on separation of powers, Congress’s power and responsibility of oversight of the Executive Branch,  and the budgetary authority of Congress

Obama pointingThe Democratic Party is pining for a powerful post-constititional Executive Branch that can illegally line item veto, pick and choose who laws will and wont apply to – Chicago style, and seize power to legislate on its own.

Legislating On His Own

Since the passage of the Affordable Care Act, also known as Obamacare, President Obama has taken it upon himself to change the law in ways he sees fit, a power that only Congress has under the Constitution. President Obama has given over 1,400 waivers to political allies be it groups or businesses which is illegal and corrupt.

The Grassley Amendment mandates that the Affordable Care Act apply to Congress just as it would to regular citizens; a law the President has waived under no constitutional authority whatsoever. He has done this in collusion with some in the congressional leadership and over the objection of some Republicans who believe doing so is unfair.

If a Republican president had behaved such a way Democrats and their friends in the praetorian media would be screaming for impeachment and enough Republicans would likely agree to get it done. Until this recent assault on the constitutional authority of Congress, Republicans have been somewhat timid in fear of being called “racist” by the praetorian media.

While Democrats would claim that Obama’s actions fall under the regulatory authority granted to the Executive Branch by Congress, regulatory authority is for the purpose of creating due process in carrying out the laws passed by Congress. It is not license to change the law or invent new laws unilaterally, nor is such authority permission to pick and choose winners and losers by deciding what parts will apply to who and who it will not. The President is seizing the power to legislate on his own and has been doing this more and more be it immigration laws, voting laws, domestic spying, and the list goes on.

UPDATE – Newt Gingrich: The President has decided that he wants to be “Legislator In Chief” – http://tiny.cc/wrtw4w

Many things are negotiable, equality under the law is not.

Assault on the Oversight and Budgetary Authority of Congress

Normally, under the regular order of appropriations and budgeting, committees in Congress will hold hearings on and then vote on how your money is spent, how much is spent, and review the stewardship of that spending after the fact with its constitutionally mandated power of oversight. This is how government is accountable to you and the representatives in Congress that you elect.

Through the committee and appropriations process the separate segmented appropriations measures are put together into a budget which sets the taxing and spending limits of various parts of the government. Next, the parts of the budget are reviewed and combined by certain standing committees in Congress such as the Budget Committee; that budget is then voted on by the entire House and Senate. Once passed the Budget is published and anyone can examine it. This is the process that Congress has generally used for the last 200 years and is why this process is called “regular order“.

Regular order makes sense. When you look at your budget at home, you look at each line item, see where your expenses are going and you make priorities to adjust your expenses so that you don’t over spend, right?

When President Obama was elected the Democrats began to refuse to even consider passing a budget, abandoning all regular order. Since the Democrats control the Senate no budgets have been passed.

The Democratic Party Majority Leader in the Senate, Harry Reid, has said again and again that the House of Representatives has no right to pick and choose what it will fund and what it will not. Then Harry Reid and the Democrats started calling Republicans in the House hostage takers, anarchists, arsonists, terrorists, and every other “ists” you can think of. At the same time the Democrats have said they want an all or nothing blank check in the form of a continuing resolution instead of  a budget.

The Constitution of the United States says:

Article I Section VII – All Bills for raising Revenue shall originate in the House of Representatives

Article I Section VIII – The Congress shall have Power To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and general Welfare of the United States; but all Duties, Imposts and Excises shall be uniform throughout the United States; To borrow Money on the credit of the United States;

Article I Section IX – No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law; and a regular Statement and Account of the Receipts and Expenditures of all public Money shall be published from time to time.

The Constitution is clear that all bills dealing with revenue must originate in the House of Representatives; which also must pay the debts, set taxes, borrow money and as Section IX makes clear that the records must all be in a budget for the people to see.

By claiming that the House of Representatives does not have the right to do exactly what the Constitution instructs in plain English, the Democrats are trying to make an unconstitutional  “new normal” where there are no budgets, no oversight as we have known it for two centuries, and just write gargantuan blank checks in the form of massive continuing resolutions(CR) for President Obama to spend as he sees fit.

It is for these reasons that there is nothing clean about the Democrat’s demand for a “clean CR”.

Senator Mike Lee, who is well-known to be one of the top lawyers in the country, speaks of this:

Now Democrats are combining the two power grabs above by saying that Congress has no right to revisit Obamacare because it was passed (without a single republican vote) after Obama was elected and that only President Obama has the right and the power to (illegally) change the law on his own.

Of course the very idea Democrats and their friends in the praetorian media are pushing, that Congress can never revisit a law, is silly on its face. Social Security and Medicare are laws that have been on the books for decades and Congress has changed those programs many times.

It is the job of each new Congress to look at existing law and make changes where the people’s representatives see fit. The very notion that one Chief Justice or one President can decide Obamacare’s fate and that the Congress cannot is laughable and yet the praetorian media has been advocating this very point of view every night since the partial government shutdown.

In an effort to keep members of his own party in line President Obama has illegally changed the law by executive fiat to give Members of Congress and their staff a 72% subsidy if they buy the expensive coverage on the Obamacare Exchange, other portions of the law do not apply to Congress as well.

Strong Arm Tactics

Aside from constant smear tactics, name calling, and lies crafted in such a way to sound oh so reasonable, the President has ordered his administration to cause as much pain and disruption on the American people as possible.

The Obama Administration ordered federal police to close the open air WWII Memorial and went so far as to rent “barrycades” to keep visiting WWII vets out.

Republican Members of Congress assisted the aged vets in “storming” their own memorial. Park Rangers, who are veterans themselves, refused to lay a hand on our WWII heroes:

The Obama administration ordered Park Police to close even privately funded memorials, private businesses adjacent to them,  and even ordered elderly couples to be ejected from their homes which are adjacent to Lake Mead. In doing so Democrats have blamed Republicans for these outrages and for the most part the praetorian media has gone along with it. None of these parks or memorials were closed in the 17 previous government shutdowns since 1976.

The administration has threatened military priests who attempt to give Mass during the partial shutdown with arrest, and the administration has ordered that thousands of Department of Defense workers be furloughed in spite of the fact that the Defense Department has already been paid for with a separate continuing resolution. Of course President Obama has ordered the military to keep his personal retreat at Camp David open while cutting football and baseball coverage from the Armed Forces Television.

Speaker Boehner is outraged by the administration’s behavior:

President Obama has deliberately tried to spook the markets which affects the savings of millions of Americans in hopes to damage the economy even worse so that he can also blame that on Republicans.

The latest attempt to spook the markets is to threaten default on the national debt if the House of Representatives doesn’t give him all of the power that he wants. The 14th Amendment demands that the President make the scheduled payments on the debt. The Treasury takes in almost $240 billion a month which is much more than enough to pay the debt, Social Security etc. President Obama would have to willingly decide to default on the debt.

President Obama has also said that it is unprecedented for the Congress to attach strings to a raising of the debt ceiling. In fact, Congress has done so dozens of times as that is their enumerated power under the Constitution. When Obama was a Senator he favored just such a tactic himself. The President’s lie was so over the top that McClatchy News, Forbes, The Wall Street Journal, Politico, and Fox News have all reported that the President’s claims are bunk.

The New Republic, a political magazine that favors the Democratic Party, has suggested that President Obama use the military against TEA Party activists. Other media outlets who have historically slanted reporting to favor the Democratic party have found President’ Obama’s rather obvious falsehoods a threat to their own credibility and thus are sending messages that their willingness to spin for him has limits.

NBC’s Chuck Todd grilled Jay Carney on why the White House won’t accept some of these individual continuing resolutions passed by the House to fund portions of the government that will put some people back to work:

A New York Times reporter has said that the Obama admin is, “most closed, control-freak administration I’ve ever covered.”

While Obamacare may offer an expensive policy, which is implemented more like a massive tax, in exchange for “deductible not met”, “claim denied”, & “procedure not covered”; this fight is about much more than Obamacare, it is about power. A massive swing of power from the representatives of the people to the President. This is genuine third world style authoritarian power play.

One might not feel the authoritarian chill as of yet, but just wait until the next debt ceiling or government spending fight that leads to a partial shutdown and the President decides to abuse the power of Obamacare to halt payments for medical visits and prescription drugs as leverage to get his way. It is not a matter of if, it is a matter of when.

Editor’s Note: A reader sent a note asking, “What about the budgets that President Obama proposed and what about the budget that Harry Reid put up in March 2013?”

These are good questions but the answer is well known to those who have followed politics.

President Obama’s budgets got next to no support from his own caucus in the Senate as they were so outrageous that Democrats did not want to sign their name on it or be associated with it. Since the Senate Democrat Caucus would not back the House GOP budgets or the President’s budgets they died in the Senate.

After taking criticism for the abandonment of Regular Order for not passing any budgets for four years, Senate Democratic Majority Leader Harry Reid put up an outrageous budget last March (2013) that was completely unserious, was opposed by four Democrat Senators, violated the Sequestor Law, and amounted to a political gag – as explained by The Hill:

The Senate-passed budget has $975 billion in new taxes, does not balance, and does not cut spending when the fact it turns off sequestration is taken into effect.

The Constitution is clear that tax bills MUST start in the House. Any tax increase that is not approved by the House first is a non-starter. Harry Reid putting up a budget that violated the Sequestor Law and imposes almost a trillion in new taxes was out of Regular Order. Of course Reid knew it, and so did those four Democrats who voted against such a stunt. Reid put up that “budget” to create the illusion of supporting Regular Order when the heat was on. This was no secret as press reports and political blogs reported as much.

UPDATE – Obama campaign manager David Plouffe accuses House Republicans of TREASON for not handing Obama a blank check CR

UPDATE – Obama Administration hires private armed thugs to ring Independence Hall http://tiny.cc/9ybr4w

UPDATE – ‘Gestapo’ tactics meet senior citizens and foreigners at Yellowstone as armed men on orders from the Obama Administration round them up and lock them up – http://www.eagletribune.com/local/x1442580353/Gestapo-tactics-meet-senior-citizens-at-Yellowstone

UPDATE – Senator Mike Lee: The best argument against Obamacare is the behavior of the Obama administration during the “shutdown”; DO WHAT I SAY OR ELSE:

About Chuck Norton

Political issue strategist and communications professional. I write about politics, education, economics, morality and philosophy.
This entry was posted in Econ, Editorial, Elections have Consequences, Elite Media, Health Law, History, Lies, Millhouse, Obama, Pay to Play, Treason, True Talking Points and tagged , , . Bookmark the permalink.

3 Responses to Government shutdown veiling an assault on separation of powers, oversight, and the budgetary authority of Congress

  1. brennr13 says:

    Eloquent and well reasoned, I love it. Can’t wait to read more!

  2. Chuck Norton says:

    Great interview on CNN with Ted Cruz and Candy Crawley

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