.
1/4/15, "Exclusive--David Brat: Next House Speaker Must Tackle Trillion-Dollar Problems," Rep. David Brat, Breitbart
"Whoever runs for the Republican leadership of the U.S. House on
Tuesday must communicate on paper how Congress is going to lead on the
big issues. The American people elected us to solve trillion-dollar
problems, not to kick the can down the road with only symbolic votes. My
district expects any leader to clearly outline bold solutions on the
major issues of our day, such as:
· How he or she will defend the Constitution and challenge President
Obama’s repeated illegal overreach into areas of congressional
authority, particularly his unconstitutional amnesty by presidential
decree;
· How he will end Washington’s out-of-control spending and debt
addiction that is mortgaging our children’s future and promises to
cripple our economy within the next decade;
· How he will defund Obamacare to stop skyrocketing insurance premiums
on struggling families as well as the destruction of jobs it’s causing;
· How he will stop excessive regulations like the EPA’s overregulation
of farms and small businesses – regulations that have made it
prohibitively expensive to run a business and create jobs.
These are not just my priorities. These are the priorities that the
American people expressed loudly and clearly on November 4th. And these
need to be the priorities of the leaders of this next Congress.
These are reasonable positions. So when reason is losing the
argument, it’s clear that something else is taking its place – personal
interests over what’s in the best interest of the country. The American
people know they are being shortchanged, and they want action, not
talking points.
Our current leadership was recently tested when Mr. Obama attempted
to circumvent Congress and the law by unilaterally granting amnesty to
illegal immigrants by presidential decree. His decree provides illegal
immigrants with work permits, legal status, and free federal
entitlements. But on a much more significant front, his action shows a
complete disregard for our constitutional system where Congress makes
the laws and the president’s duty is to enforce them.
The House leadership and every member of Congress took an oath to
defend the Constitution, and we have a duty to stop the president when
he ignores it. The most powerful remedy the Congress has in these
situations is the power to defund his illegal action.
We had an opportunity to do that last month when Representatives Mick
Mulvaney, Matt Salmon, and I led in co-sponsoring an amendment to the
CRomnibus spending bill that would have stripped it of funding for
executive amnesty. We were joined by 64 other House members, but were
told that there was no time to amend the bill before the vote. That
meant the CRomnibus bill passed and provided the president with the
funds for his scheme.
Why was there no time to amend the bill? Because the leadership hid
the 1,774-page CRomnibus from members of Congress and the public until
the last minute, giving us just 48 hours to try to read through it
before voting on it. Further, why did the leadership allow funding for
illegal amnesty to be included in the bill in the first place? And why
was the leadership willing to whip votes with the president and the
House Democrats to pass the bill, but not willing to work with House
Republicans to stop the funding of an illegal act?
But the CRomnibus didn’t just fund illegal amnesty. It was a $1.1
trillion spending bill that did nothing to reduce spending or work
toward balancing the budget. It also funded Obamacare when the House had
pledged to repeal it. And it funded the economy-killing overregulation
of agencies like the EPA, which are destroying American jobs when we
have millions looking for work.
In recent days and weeks, I have given careful consideration as to
how I would cast my vote for Speaker of the House. I do not cast this
vote as an individual, but on behalf of the citizens of Virginia’s
Seventh District who sent me to Washington to act as their
representative. While I like Speaker Boehner personally, he will not
have my support for Speaker.
Washington is broken in part because our party’s leadership has
strayed from its own principles of free market, limited government,
constitutional conservatism. We are at a crucial turning point in our
country’s history – do we truly want free markets, or does cronyism
remain in place? Do we want the rule of law, or will amnesty for cheap
illegal labor win the day?
In my campaign, I heard over and over from my constituents that they
don’t feel Washington is working for them. They feel like they are
always on the losing end of most every deal struck inside the beltway –
that somehow the ordinary working man and woman keep drawing the short
straw. And year after year, government gets bigger, the debt swells, and
the bureaucracy engulfs the citizen a little bit more. The scope of the
problem is in the trillions, but the solutions offered so far have only
been in the billions – not even scratching the surface of what needs to
be done to get this country back on track. The people hope for a
Republican leader to step forward and help fellow members fight on these
issues – and for the very future of America." via Free Rep.
===========================
Comment: Rep. Brat mentions "defunding ObamaCare" and spoke earlier about defunding executive amnesty. The House has 100% unilateral ability to defund gov. spending without approval of Senate or White House. As CNS News reported, the GOP seems to be attempting to nullify the Constitution's Power of the Purse provided to the House absolutely as well as trying to convince the public that the Constitution doesn't say what it does:
11/21/14, "Will Boehner's House Unilaterally Nullify Its Power of the Purse?" CNS News, Terence P. Jeffrey
"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.""
=======================
Rep.
Dave Brat, R-Richmond, the economist who defeated Eric Cantor, supports
power of the purse to defund Obama executive order:
"Brat
acknowledged that the agency is self-funded through immigration
application fees, but that the appropriations committee voted in August
to determine how the agency spends those fees."...
11/21/14, "Brat: 'Not one thin dime' for Obama's immigration plan," Richmond Times-Dispatch,
The
7th District's newly elected Congressman vowed via Twitter Thursday
night that he supports, "Not one thin dime," to fund the proposed
actions outlined by President Barack Obama to deal with the broken
immigration system.
"I support using
the power of the purse to defund Obama's amnesty," tweeted Rep. Dave
Brat, R-Richmond, the economist, replacing Eric Cantor, who recently
took office in Washington....
Brat said he would not vote to fund a program "that subverts the law
or encourages tens of thousands more people to risk their lives
illegally crossing our border." He said the U.S. House should "use its
power of the purse" to defund in the current budget bill "Obama's
illegal executive action."
"We must fund the rest of government with a
short-term bill while, in a separate bill, defund the appropriations for
the U.S. Citizenship and Immigration Services programs that the
president intends to use to carry out this act," Brat said.
The newly elected 7th District representative
called the presidential action an "attempt to give amnesty to five
million illegal aliens," saying it was unfair to others "waiting in line
to become citizens the right way." Brat said the president's actions
would encourage more children to attempt to illegally enter the U.S.
"In addition, crony insiders will now get the amnesty they lobbied for to provide a cheap supply of labor while
millions of Americans remain unemployed," he said.
A statement Thursday from the House
Appropriations Committee indicated that Congress could not use the
budget appropriations process to cut funding for the president's
proposed actions through U.S. Citizenship and Immigration Services. Brat
acknowledged that the agency is self-funded through immigration
application fees, but that the appropriations committee voted in August
to determine how the agency spends those fees.
The committee said in its statement Thursday that
the immigration services agency could continue to collect its fees,
operate and expand operations under the president's new executive order
"without needing legislative approval by the Appropriations Committee or
the Congress, even under a continuing resolution or a government
shutdown.""...
========================
Comment 2: Speaker Boehner has never allowed a standalone, up or down vote to defund ObamaCare to come to the floor.
The GOP E has never wanted to stop ObamaCare. They've had the power to do
so for 4 years--since Jan. 2011 with the huge majority we gave them in Nov. 2010.
House votes to "repeal" ObamaCare, or to defund part or all of
it combined with other measures are different and can't be done by the House alone.
.
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