Failure of Political Will. aka: Kicking the Can Down the Road. Author: RaineDate:12/01/2011 14:48:27
“The bipartisan interview on the bipartisan proposal was a bipartisan decision.” That was the response from a Paul Ryan spokesman after he and Congressperson Chris Van Hollen (D) announced a bill to enact a line item veto for the President. Let's get to what this is. From the House Budget committee webpage, we see that H.R. 3521 would enact the following:
Line-Item Veto Authority. Within 45 days of the enactment of an appropriations bill, the President may transmit a special message to Congress proposing to cancel any amount of discretionary budget authority. He can transmit up to two special messages per appropriations bill and two for any other appropriations measure (omnibus, continuing resolution, or supplemental bills).
Procedures for Expedited Consideration. Legislation implementing the proposed cancellations would receive expedited floor consideration and an automatic up-or-down vote without amendment.
Presidential Authority to Withhold Funds. This bill clarifies current law allowing the President to withhold funds from obligation, pending consideration of rescission proposals by limiting the withholding of the amount proposed for rescission to no more than 45 days. This provides adequate time for the President to propose and the Congress to enact a measure to approve rescissions while avoiding an extended period of uncertainty regarding the availability of the funds in question.
Savings Go to Deficit Reduction. This bill devotes all savings from the Expedited Line-Item Veto and Rescissions Act to deficit reduction and requires the statutory discretionary spending caps to be adjusted downwards to reflect the savings. Additionally the committee allocations are adjusted downwards by the Budget Committees to reflect these savings.
Nature of the Approval Bill. The Presidential special message to Congress must meet certain requirements, including the dollar amount to be rescinded; the account, bureau, and agency from which the rescission shall occur; and the amount of funding that would remain. The message must also include the text of the approval bill for consideration by the Congress. The President may choose to send two separate messages for a single bill, but may not include the same rescission proposals in both bills.
Basically, the President gets to veto two items in a budget bill and two items in any other bill. -- then, the Congress has to vote on those vetoes.
I have never been a supporter of the line-item veto. It's something that I was disappointed with when President Obama said he would support it. I didn't agree when President Clinton was granted this authority. Each branch of government is granted specific responsibilities in the Constitution. It's not a partisan thing for me, I feel it just gives the Executive branch too much power. It doesn't matter what party is in office. You will recall the Supreme Court said this is well. From the Washington Post in 1998:
Unlike earlier laws giving the president discretionary spending authority, "this act gives the president the unilateral power to change the text of duly enacted statutes," Justice John Paul Stevens wrote for the majority.
Such line-item vetoes are "the functional equivalent of partial repeals of acts of Congress," he said. But "there is no provision in the Constitution that authorizes the president to enact, to amend or to repeal statutes," he added.
Justice Anthony M. Kennedy cut to the political chase. "Failure of political will does not justify unconstitutional remedies," he said in a concurring opinion.
The decision comes as a blow both to Clinton, who used the new power 82 times over the past 18 months, and to GOP leaders, who made the line-item veto a marquee item in their 1994 "Contract With America."
It is clearly stated in the Constitution that Congress is required to pass legislation and be presented as such for the president to either sign or veto.
According to The Hill, this particular piece of legislation "gets around this by giving the president the ability to request cancelations of budget authority in specific appropriations bills and for that request to receive fast-track procedures in the House and Senate. The request would receive an up or down vote and could not be amended." It still doesn't pass the smell test for me. As Justice Kennedy said in 1998: "Failure of political will does not justify unconstitutional remedies". I could not agree more. I still don't see how this proposal helps anything. The president can veto something, but then it needs to be approved AGAIN by Congress?
Am I missing something here? As Paul Ryan said to MSNBC
“Both Republicans and Democrats have messed up this system. They have given us a lot of wasteful spending. We think this is a good tool that both of us agree on on going after that wasteful Washington spending.”
Take a watch:
They want -- and I quote Paul Ryan here -- this tool to embarrass the wasteless spending out of these bills. Once again, I ask -- am I missing something here? They are basically kicking the can down the road - literally, to the White House - with the caveat that they claim it's constitutional: we get to revote on the line item that was vetoed. I'm not a constitutional lawyer, but I did stay at a Holiday Inn -- this looks like the same old same old just shined up all nice and pretty so Congress can pass the buck to the White House with little or no responsibility to their own constitutionally required responsibilities.
It's 1996 all over again. Let's go back to that Washington Post Article. Allow me to edit it a bit:
Passage of the legislation in 1996 2011 and its implementation in 1997 2012 climaxed more than a century of struggle by presidents for this new authority. It was a rare unilateral yielding of power by Congress to the chief executive, prompted by Congress's increasing concern over its own lack of fiscal discipline. President Clinton Obama, who had line-item veto powers as governor of Arkansas, signed the bill with relish and moved quickly, although cautiously, to begin trimming spending bills.
Remember, again, the Supreme Court knocked it down then, why would this time around be any different? The basic problem here is the same as it was in 1996: Congress has a failure of political will. Moving the deck chairs around doesn't change that reality. A very cynical part of me believes this would give the GOP room to blame the President for the vetoes that might occur if passed.
For me, this is about constitutional responsibility. To be very honest, H.R. 3521 doesn't do anything to help create jobs. As a matter of fact, in reading this legislation, it creates MORE bureaucracy and layers of confusion in Congress. In other words, it makes things more difficult and the process longer -- only now it further involves the Executive branch. Pretty sure that won't fly well with some people.
Let me make this clear; with regards to this mess of a Congress: Both sides did not do this. I find it peculiar that the last time this 'Line-Item Veto' issue came up -- and was subsequently shot down by the Supreme Court -- was when the House of Representatives had a GOP majority and the Executive office was a Democratic party member. So, that leads me to ask, who really doesn't have the political will and why does the GOP always need a father figure to fix things? Justice Kennedy was right then, and his words are still right today. If Congress really wants this -- it needs a constitutional amendment.
Or it could be this:
"The bipartisan interview on the bipartisan proposal was a bipartisan decision.”
Quote by Mondobubba: Ugh 3 days? Might be something more, like a sinus infection!
Or a low grade migraine.
Without going into details -- it was a lot of pain behind my eye and above my brow -- and in my neck with a lot of eye tears on that side of my face.
Nothing that looked infectious. nuff said. blech.
Comment byRaine on 12/01/2011 15:10:42
Quote by wickedpam: I think that's my mimosa too
agreed!
Comment byMondobubba on 12/01/2011 15:11:45
Quote by Raine:
Quote by Mondobubba: Ugh 3 days? Might be something more, like a sinus infection!
Or a low grade migraine.
Without going into details -- it was a lot of pain behind my eye and above my brow -- and in my neck with a lot of eye tears on that side of my face.
Nothing that looked infectious. nuff said. blech.
Pain behind your eye? Sounds like a PSA!
Comment byWill in Chicago on 12/01/2011 15:16:13
Indeed, an excellent blog, Raine!
I would argue that what we have this year is a lot of grandstanding in Congress, and little action on substantive issues. We do not have the issue of jobs being addressed nor global warming nor myriad other issues that impact our citizens and the world.
I am reminded of a line from the poem, The Second Coming and this line:
The best lack all conviction, while the worst Are full of passionate intensity.
Comment byRaine on 12/01/2011 15:20:51
Thanks Will and Mondo --
I saw that interview live on MSNBC yesterday and I was really floored.
I have never ever been an advocate of the line item veto. I don;t care who is POTUS. It's never been anything more to be than passing on responsibility.
It's the same reason why I am not for term limits. People have a responsibility as well.
That is another blog, for another day,
Basically: You can't shine shit and present it as something new.
Comment byMondobubba on 12/01/2011 15:24:09
Line item veto=Bad Idea. That is all.
Comment byWill in Chicago on 12/01/2011 15:26:25
Raine, I hope that you feel better soon.
In some news, my grandniece Emily Rose has gone to the children's hospital for tests before surgery tomorrow to connect her esophagus and stomach. If all goes well, she will be able to end her tube feeding and eat regularly within a few weeks.
Comment byMondobubba on 12/01/2011 15:28:48
Quote by Will in Chicago: Raine, I hope that you feel better soon.
In some news, my grandniece Emily Rose has gone to the children's hospital for tests before surgery tomorrow to connect her esophagus and stomach. If all goes well, she will be able to end her tube feeding and eat regularly within a few weeks.
Yay! Say goodbye to esphogial fistula!
Comment byRaine on 12/01/2011 15:29:06
Quote by Will in Chicago: Raine, I hope that you feel better soon.
In some news, my grandniece Emily Rose has gone to the children's hospital for tests before surgery tomorrow to connect her esophagus and stomach. If all goes well, she will be able to end her tube feeding and eat regularly within a few weeks.
OH! I am going to light a candle! She is so lucky to have such a wonderful Uncle.
Comment byMondobubba on 12/01/2011 15:29:45
Quote by Raine: Thanks Will and Mondo --
I saw that interview live on MSNBC yesterday and I was really floored.
I have never ever been an advocate of the line item veto. I don;t care who is POTUS. It's never been anything more to be than passing on responsibility.
It's the same reason why I am not for term limits. People have a responsibility as well.
That is another blog, for another day,
Basically: You can't shine shit and present it as something new.
Don't get me started on term limits! :sets up soap box for a rant:
Comment byScoopster on 12/01/2011 15:33:36
Mornin' all.. Back to the bean juice today, but I wish I had more booze..
We've got a rash of hardware failures here lately.. Last night before I left the printer died, then today the backlite in my monitor went POOF and it was so dark I was getting a headache from trying to read it. Both have been switched out with backup equipment we had in the closet... but we seriously need to make an investment in current generation computers & stuff.
Comment byRaine on 12/01/2011 15:35:24
Quote by Scoopster: Mornin' all.. Back to the bean juice today, but I wish I had more booze..
We've got a rash of hardware failures here lately.. Last night before I left the printer died, then today the backlite in my monitor went POOF and it was so dark I was getting a headache from trying to read it. Both have been switched out with backup equipment we had in the closet... but we seriously need to make an investment in current generation computers & stuff.
Quote by Will in Chicago: Raine, I hope that you feel better soon.
In some news, my grandniece Emily Rose has gone to the children's hospital for tests before surgery tomorrow to connect her esophagus and stomach. If all goes well, she will be able to end her tube feeding and eat regularly within a few weeks.
"Now, and I know that Anderson Cooper floats around in that GQ crowd. I don't know if he's behind it or whether their publicist at CNN, but let me just say, I'm kicking his ass, OK? (GQ can) kiss my ass.
Dude -- really. Stop.
Comment byRaine on 12/01/2011 15:57:29
BTW -- I am going to say it:
Cain drops out this evening.
Comment bywickedpam on 12/01/2011 15:59:00
Quote by Raine: BTW -- I am going to say it:
Cain drops out this evening.
with a big dent in his forehead where his wife threw the toaster
Comment byWill in Chicago on 12/01/2011 16:13:31
In some political news, former Salt Lake City Mayor Rocky Anderson is planning a presidential run. Here is the story from the Desert News in Salt Lake City
SALT LAKE CITY — Former Salt Lake City Mayor Rocky Anderson has formed a new political party and plans to run for president.
To be known as the Justice Party, Anderson sees it as a grassroots movement that over the long term will bring about the shift in American politics that he says citizens crave.
"The people are the ones who always bring about major change in this country, and we need to provide that power to people throughout the country," he said Wednesday on KSL Radio's Doug Wright Show.
"They want to see an alternative party. They recognize that these two militarist, corporatist parties have brought us to this disastrous place to where we are today."
I am not sure what impact, if any, Rocky Anderson will have on the race.
Comment byRaine on 12/01/2011 16:28:17
Cain is out.
Comment bywickedpam on 12/01/2011 16:30:21
Quote by Raine: Cain is out.
where'd you hear that?
Comment byWill in Chicago on 12/01/2011 16:35:56
Let's remember that today is World AIDS Day. My hope is that we will see effective vaccinations and cures in the next few years.
Comment byRaine on 12/01/2011 16:38:18
It occurs to me...
We have the Dems. Th Repubs ---
and the professional left.
Comment byWill in Chicago on 12/01/2011 16:38:35
Quote by wickedpam:
Quote by Raine: Cain is out.
where'd you hear that?
I haven't seen anything, but I do agree that it is a matter of time.
Comment byRaine on 12/01/2011 16:39:32
matches!!!
Comment byRaine on 12/01/2011 16:40:02
Where the hell is this going?
Comment byRaine on 12/01/2011 16:41:10
Quote by Will in Chicago:
Quote by wickedpam:
Quote by Raine: Cain is out.
where'd you hear that?
I haven't seen anything, but I do agree that it is a matter of time.
There are some movements on the Fox News.
Comment byRaine on 12/01/2011 16:42:08
OMFG.
Momma is killing me.
and bless Lisa.
Comment byRaine on 12/01/2011 16:50:16
Quote by wickedpam:
Quote by Raine: Cain is out.
where'd you hear that?
Jill Bond -- she has a friend who was bumped off an appearance from Fox today.
Comment bywickedpam on 12/01/2011 16:52:34
Quote by Raine:
Quote by wickedpam:
Quote by Raine: Cain is out.
where'd you hear that?
Jill Bond -- she has a friend who was bumped off an appearance from Fox today.
oohhh
Comment byRaine on 12/01/2011 16:55:14
I have out house snake stories...
Comment bywickedpam on 12/01/2011 16:55:30
I read about that a while ago - there is someone who started a business on these really high end port-o-potties
Comment byRaine on 12/01/2011 16:56:46
Quote by wickedpam: I read about that a while ago - there is some who started a business on these really high end port-o-potties
LOL
I have shame. We had a real out house.
and yes, snakes.
Comment bywickedpam on 12/01/2011 16:57:44
I still am maintaining that Frosty is a snow zombie
Comment bywickedpam on 12/01/2011 16:58:47
Quote by Raine:
Quote by wickedpam: I read about that a while ago - there is some who started a business on these really high end port-o-potties
LOL
I have shame. We had a real out house.
and yes, snakes.
I don't think there's shame in that - you were just living rather rural
Comment byRaine on 12/01/2011 17:03:03
Quote by wickedpam: I don't think there's shame in that - you were just living rather rural
No-- I had a cheap dad.
Comment byRaine on 12/01/2011 17:06:33
It wasn't so much living, to be real..
it was a family vacation 'place' -- oh that outhouse still makes me laugh, That outhouse was a way to say 'hey we can live rural'
Our family was quite well off. the outhouse was supposed to be a way to keep us in touch ... with the real people. I was told be thankful we have an outhouse!
really.
Comment byRaine on 12/01/2011 17:09:49
.. and when II say well off, I don;t mean we had a lot of money. I was too young to understand that.
What we had was a house on Long Island and a hunting lodge (we called it the Tar Shack) on 18 acres in Delaware county NY.
We were not rich. My family was middle class -- at best. We had an outhouse.
Comment bywickedpam on 12/01/2011 17:29:31
Quote by Raine: .. and when II say well off, I don;t mean we had a lot of money. I was too young to understand that.
What we had was a house on Long Island and a hunting lodge (we called it the Tar Shack) on 18 acres in Delaware county NY.
We were not rich. My family was middle class -- at best. We had an outhouse.
same here - my grandfather had their reg house when they had a cabin which I hear wasn't all that big really. They were middle class too - thing is they worked for Chrysler so he had a pension from there, a military pension and his ss when he retired - plus I think a few other things but I'm not sure. It sounds so nice to have all that to fall onto when you retire. Now I'm just depressed cause I know basically my mom will really never be able to stop working and neither will I
Comment bylivingonli on 12/01/2011 18:09:17
Good day everyone. Just hope Obama makes good on his veto promise and veto the latest attempt to piss on the bill of rights allowing indefinite attention which was passed by 61 Senators (including a few Democrats and Lieberman backing this fascist crap). Why I feel that the GOP under Bush has embraced Fascism as its ideology and continues to do so while denying that Bush got us into the mess we are in.
Comment bylivingonli on 12/01/2011 20:25:31
Looks like bloggie took a long lunch break
Comment bywickedpam on 12/01/2011 20:26:38
it happens - begining of the month have loads of reports and stuff to update
Comment byRaine on 12/01/2011 23:18:28
I just got done watching the NAtioanl Tree lighting ceremony online.
Now I kinda wish I had asked for tickets in the lottery.