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12-03-2014, 09:33 PM #1
SHOCK: Boehner Implementing Conspiracy To Nullify Congress’s Power Of The Purse
SHOCK, EXPOSED: Boehner Implementing Conspiracy To Nullify Congress’s Power Of The Purse
The Republican-controlled House, led by Speaker John Boehner, may not only decline to use its power of the purse to stop Obama from usurping authority over immigration laws, it may also try persuade the nation it does not actually have that power when it comes to immigration laws.
Nov 23, 2014
Chuck Biscuits
Excerpted from Terrence Jeffrey’s piece in CNS News: The Constitution is unambiguous about which branch of the federal government has the authority to make laws governing immigration and control all money spent from the Treasury. It is Congress.
Article 1, Section 8, Clause 4 gives Congress the power to “establish an uniform Rule of Naturalization.”
Article 1, Section 9, Clause 7 says: “No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law.”
For President Obama to succeed in carrying out his plan to unilaterally change the status of illegal immigrants, two things must happen: 1) He must usurp the constitutional authority of Congress to make immigration laws, and 2) Congress must decline to use its constitutional power of the purse to stop him.
Now a third thing could happen: The Republican-controlled House, led by Speaker John Boehner, may not only decline to use its power of the purse to stop Obama from usurping authority over immigration laws, it may also try persuade the nation it does not actually have that power when it comes to immigration laws.
On Thursday, a New York Times blog published a statement from the House Appropriations Committee that suggested Congress had no control over the funding of the U.S. Citizenship and Immigration Services and that therefore the agency could “expand operations as under a new executive order” no matter what Congress said in a continuing resolution to fund the government.
I contacted the committee via email to confirm the statement published by the Times and to ask if the committee believes that Article 1, Section 9, Clause 7 of the Constitution applies to CIS.
The committee sent me verbatim exactly the same statement that had been published by the Times. It said:
“The primary agency for implementing the president’s new immigration executive order is the U.S. Citizenship and Immigration Services (USCIS). This agency is entirely self-funded through the fees it collects on various immigration applications. Congress does not appropriate funds for any of its operations, including the issuance of immigration status or work permits, with the exception of the ‘E-Verify’ program. Therefore, the appropriations process cannot be used to ‘de-fund’ the agency. The agency has the ability to continue to collect and use fees to continue current operations, and to expand operations as under a new Executive Order, without needing legislative approval by the Appropriations Committee or the Congress, even under a continuing resolution or a government shutdown.”
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12-03-2014, 09:37 PM #2
Will Boehner's House Unilaterally Nullify Its Power of the Purse?
It appears that Republican congressional leaders do not want to take any effective action to protect either the constitutional authority of Congress to make the immigration laws or the power of the purse that protects Americans against a president spending money from the Treasury "at his pleasure."
By Terence P. Jeffrey
November 21, 2014 - 7:05 AM
The Constitution is unambiguous about which branch of the federal government has the authority to make laws governing immigration and control all money spent from the Treasury. It is Congress.
Article 1, Section 8, Clause 4 gives Congress the power to "establish an uniform Rule of Naturalization."
Article 1, Section 9, Clause 7 says: "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law."
For President Obama to succeed in carrying out his plan to unilaterally change the status of illegal immigrants, two things must happen: 1) He must usurp the constitutional authority of Congress to make immigration laws, and 2) Congress must decline to use its constitutional power of the purse to stop him.
Now a third thing could happen: The Republican-controlled House, led by Speaker John Boehner, may not only decline to use its power of the purse to stop Obama from usurping authority over immigration laws, it may also try persuade the nation it does not actually have that power when it comes to immigration laws.
On Thursday, a New York Times blog published a statement from the House Appropriations Committee that suggested Congress had no control over the funding of the U.S. Citizenship and Immigration Services and that therefore the agency could "expand operations as under a new executive order" no matter what Congress said in a continuing resolution to fund the government.
I contacted the committee via email to confirm the statement published by the Times and to ask if the committee believes that Article 1, Section 9, Clause 7 of the Constitution applies to CIS.
The committee sent me verbatim exactly the same statement that had been published by the Times. It said:
"The primary agency for implementing the president's new immigration executive order is the U.S. Citizenship and Immigration Services (USCIS). This agency is entirely self-funded through the fees it collects on various immigration applications. Congress does not appropriate funds for any of its operations, including the issuance of immigration status or work permits, with the exception of the 'E-Verify' program. Therefore, the appropriations process cannot be used to 'de-fund' the agency. The agency has the ability to continue to collect and use fees to continue current operations, and to expand operations as under a new Executive Order, without needing legislative approval by the Appropriations Committee or the Congress, even under a continuing resolution or a government shutdown."
Responding on background, an Appropriations Committee aide said in an email: "You could 'defund' the CIS, but it would take an authorization/change to underlying statute that impacts their use of fees. This is an authorization issue, not an appropriations issue."
"Even if such an authorization change were to be attached to an omnibus bill via a rider, the president would veto the bill, and the government would shut down," said the aide. "At that point, the CIS would still not be defunded and would continue to operate, given that it is fee-funded."
I followed up by sending the staffer a passage from Justice Joseph Story's "Commentaries on the Constitution of the United States." Story was named to the court by President James Madison, a leading Framer of the Constitution.
"The object is apparent upon the slightest examination," Story wrote about the Article 1, Section 9 power of the purse. "It is to secure regularity, punctuality, and fidelity, in the disbursements of the public money. As all the taxes raised from the people, as well as the revenues arising from other sources, are to be applied to the discharge of the expenses, and debts, and other engagements of the government, it is highly proper, that congress should possess the power to decide, how and when any money should be applied for these purposes. If it were otherwise, the executive would possess an unbounded power over the public purse of the nation; and might apply all its monied resources at his pleasure."
I asked: "Is it not a different thing to say the president would veto it than to say the committee does not have the power to stop the expenditure of funds on this? Also, does the committee reject Joseph Story's interpretation of Article 1, Section 9, Clause 7 when he said that it applied to "all the taxes raised from the people, as well as the revenues arising from other sources"? ... Does the committee believe that fees collected by a federal agency and then drawn from the Treasury and spent are not covered by its power under Article I, Section 9, Clause 7?"
Speaking again on background, the committee aide responded via email: "As per the underlying statute, CIS is funded outside of appropriations. The fees are collected and spent according to the underlying authorization (The Immigration and Nationality Act), and are not subject to the appropriations process. Congress can indeed change CIS's ability to collect and spend fees, but it would require a change in the authorization."
Three observations:
1) If Obama spends "fees" collected into the Treasury by CIS to implement unilateral executive actions he is not acting on the "underlying authorization," he is defying it.
2) It does not matter whether the government brings money into the Treasury through a tax, a fee or selling debt to the People's Republic of China, the Constitution says: "No Money shall be drawn from the Treasury, but in Consequence of Appropriations made by Law."
3) It appears that Republican congressional leaders do not want to take any effective action to protect either the constitutional authority of Congress to make the immigration laws or the power of the purse that protects Americans against a president spending money from the Treasury "at his pleasure."
http://www.cnsnews.com/commentary/te...ts-power-purseJoin our FIGHT AGAINST illegal immigration & to secure US borders by joining our E-mail Alerts at http://eepurl.com/cktGTn
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12-03-2014, 09:43 PM #3
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Mark Levin
Boehner, Scalise, and most of the House GOP seek out liberal Democrats to fund Obama's unconstitutional amnesty!
Joel Gehrke - GOP Rep. Amodei: Democrats Have Promised to Help Pass Funding Bill
House Democratic Whip Steny Hoyer (D., Md.) has promised to help House leadership overcome rank-and-file opposition to passing a funding bill that does not include language barring President Obama from implementing his executive orders, according to one House appropriator. House Whip Steve Scalise (…
nationalreview.com
GOP Rep. Amodei: Democrats Have Promised to Help Pass Funding Bill By Joel Gehrke
December 3, 2014 6:52 PM
Comments 7
House Democratic whip Steny Hoyer has promised to help Republican leadership overcome rank-and-file opposition to passing a funding bill that does not include language barring President Obama from implementing his executive orders, according to one House appropriator.
House Republican whip Steve Scalise conferred “informally” with his Democratic counterpart earlier this week, Representative Mark Amodei (R., Nev.) tells National Review Online.
“There was earlier talk about, ‘Hey, Steny, are you going to be able to deliver some folks on this?’ and, at least earlier, he was like, ‘Yeah,’” said Amodei, who suggested that Republicans could muster 80 percent of the 218 votes needed to pass the bill. “It was not a discussion that was white-knuckled. Maybe it’s getting to white-knuckle the closer we get, but, I hope not.”
He disputed the idea that Republicans would need 100 Democrats to help them have a majority of House members. “It’s going to take some Democrats, but I don’t know if it’s a hundred,” Amodei said.
http://www.nationalreview.com/corner...ll-joel-gehrkeJoin our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
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12-03-2014, 09:43 PM #4Join our FIGHT AGAINST illegal immigration & to secure US borders by joining our E-mail Alerts at http://eepurl.com/cktGTn
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12-03-2014, 10:40 PM #5
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Black America..... Pay Attention... now the GOP will Back the Obama Amnesty Bus up ' RUN YOU OVER" ; put it in drive and repeat the Process that the Democrats Started Over and Over and over again
Oh... they are doing the same to your CHILDREN as well... GOT IT... you are watching the Criminally Insane Lunatics of the GOP show you the damage they can do as wellJoin our efforts to Secure America's Borders and End Illegal Immigration by Joining ALIPAC's E-Mail Alerts network (CLICK HERE)
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12-04-2014, 08:31 AM #6Join our FIGHT AGAINST illegal immigration & to secure US borders by joining our E-mail Alerts at http://eepurl.com/cktGTn
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12-04-2014, 09:04 AM #7Join our FIGHT AGAINST illegal immigration & to secure US borders by joining our E-mail Alerts at http://eepurl.com/cktGTn
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12-04-2014, 09:29 AM #8working4changeGuest
When is "enough" enough?! Wake up and come out of your stupor Americans! Tomorrow will be too late.
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12-04-2014, 09:38 AM #9working4changeGuest
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12-04-2014, 09:45 AM #10
Americans must wake up! More and more are seeing it but wow has it been a slow and difficult process to educate them on the realities of massive immigration.
A Nation Without Borders Is Not A Nation - Ronald Reagan
Save America, Deport Congress! - Judy
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