A spineless Congress

It’s no wonder Americans have such a low regard for Congress, when government officials are allowed to thumb their noses at it with impunity.  In recent memory the worst sanction the legislature has given to a recalcitrant official has been to hold Eric Holder in “contempt of Congress” — the first sitting Attorney General ever to be so designated.  That only has effect if the target has any sense of shame, which few in D.C. Mordor do anymore.  Official designation or not, it’s clear much of official Washington shares that contempt.

But it doesn’t have to be this way.

It’s no coincidence that defiance from Holder, Lerner, Rosenstein and Wray parallels the public’s near-record low approval of Congress, which, according to the RealClearPolitics average, hit a meager 14.2 percent earlier this week.

But Congress has only itself to blame because the Constitution gives the first branch it created “all of the ultimate weapons in any showdown with either of the other two branches,” in the memorable phrasing of professors Willmoore Kendall and George Carey in their classic “The Basic Symbols of the American Political Tradition.”

Here are five of those “ultimate weapons,” whose deployment ultimately depends on the will of Speaker of the House Paul Ryan and Senate Majority Leader Mitch McConnell to defend the right of Congress to be the people’s representatives…

Put somebody in jail.

Impose a big fine.

Invoke the power of the purse

Cut the workforce.

More political appointees.

It’s worth reading the description of these five options at the link.  Despite the frequency of choreographed televised hearings, Congress has largely abdicated its oversight role with regard to the Federal bureaucracy.  This was apparent at least by the time of the “Fast and Furious” gunwalking scandal and the IRS investigations, during which the agencies slow-rolled Congress’ requests for information with impunity.  True oversight involves exercising the power to compel compliance.  The Founders intended the legislature to be “first among equals” within the branches of government.  They, not unelected paper-pushers, represent the people.

The president has less power than people imagine over employees in the Executive Branch.  While he can fire political appointees, career bureaucrats have created a byzantine disciplinary process that, in effect, prevents nearly anyone from losing their job.  I encountered this while supervising relatively low-level “civil servants” — I can only imagine how much more difficult things are in the executive suites.

With a majority in Congress, however, it should be a simple thing to put entire departments like the FBI on notice: comply with legislative directives and requests, or perish as an agency.  Congress can defund any activity of the government with a simple vote.  Unfortunately, Paul Ryan and Mitch McConnell have shown zero interest in actually asserting Congress’ prerogatives.  They are as much a part of the swamp as the agencies running amok, as the recent omnibus bill debacle shows.  That should be a key issue during these midterms — voters need to seek candidates who will support Trump’s “swamp draining,” and that includes pledging to vote in new Congressional leadership.

But for any of this to happen, We the People will need to be more focused than ever this election cycle.  The election of Trump will accomplish little if voters allow the legislature to defend the status quo by resolute inaction.

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Open insurrection

There is a strong argument to be made the Trump Administration could declare both California and Illinois to be in a state of insurrection and respond with the authority such a condition conveys:

Mark the date April 1, 2018, April Fool’s Day, as the day Civil War 2.0 began. On that day, the State of California began to automatically register illegal aliens who have driver licenses to vote. This new law immunizes illegals against any state criminal penalty for registering and voting.

And in Chicago:

Municipal ID cards that Mayor Rahm Emanuel is launching for undocumented immigrants and others will be a valid form of identification for people both registering to vote and voting in Chicago, according to a letter aldermen received…

Article 4, Section 4 of the Constitution requires the Federal government to “guarantee to every state in this union a republican form of government, and shall protect each of them against invasion…”  The facilitation by Gov. Jerry Brown of California and Chicago’s Mayor Rahm Emanuel of illegal immigrants settling and voting in the United States undermines our republican form of government and constitutes an invasion (even if unarmed).  U.S. citizens in California and Chicago have seen and continue to see their voices diluted by interlopers on U.S. soil – and they are not alone in suffering that loss.

It’s abundantly clear we have State and local leaders engaging in a slow-motion insurrection by demographics, by which they mean to fundamentally transform the United States.  They aren’t even pretending to hide it anymore, either.  As I write this, more than 1,200 additional invaders continue to move north through Mexico, bringing yet another very public challenge to U.S. sovereignty and authority.  No doubt the Democrats and media (but I repeat myself…) will do all they can to facilitate these people’s entry into the country.  After all, Democrats can’t even be bothered to do background checks of their own information technologists!

THIS. MUST. STOP.

The President is not able, on his own, to fully address these issues, and the GOPe has shown little interest in aiding him in Congress.  The American people — the legally valid American people — must demand the following of their Congresscritters:

• As recommended in the first link in this post, refuse to seat any Senator or Congressman elected from California and Illinois until the programs above are terminated and the voting rolls confirmed by the Department of Justice to be purged of illegal aliens.
• Authorize suspension or repeal of the Posse Comitatus Act in a manner that allows U.S. military forces to patrol the nation’s borders and detain/process individuals attempting to cross it illegally.  While it is understandable the Act is intended to prevent abuse of martial law, it unnecessarily prevents the military from performing its fundamental purpose: the defense of the United States.  Using the military for this primary purpose would free up manpower/resources of Homeland Security (Immigration/Customs Enforcement and Border Patrol) to seek out, detain and deport more illegal aliens already within the United States.
• Explicitly declare via Congressional resolution that all “sanctuary State/city” policies as null and void usurpations of Federal authority under the Constitution, and direct the Department of Justice to begin arrests and legal proceedings against any State/local official found to be willfully aiding illegal immigrants in avoiding detection and deportation.
• Institute serious penalties for repeatedly entering the U.S. without authorization.  It is ridiculous that so many illegal immigrants are arrested for serious crimes after multiple reentries into the U.S.  As I’ve suggested before, all illegal immigrants should have complete biometric profiles entered into federal records before deportation.  Upon a second offense, a distinctive tattoo should be placed on their hand or forearm.  And upon a third offense, they should be subject to the death penalty as invaders.  Yes, these are harsh and unyielding standards.  Kicking the can this far down the road leaves little room for half-measures, however.

To paraphrase Abraham Lincoln (who himself was paraphrasing scripture), this nation cannot much longer endure half Constitutionalist and half defiant fifth column.  Liberals are counting on the power they’ve already achieved through decades of demographic manipulation and undermining of immigration law.  But there are still enough concerned traditional Americans (of all ethnicities) to have elected Trump.  If we cannot muster the willpower and Federal resolve to take the measures above it will not be much longer, I fear, before the Union will be dissolved of irreconcilable differences.  The only question at that point will be whether the divorce will be amicable or contested.

History shows the latter to be a tragically expensive option.  That is why serious brakes need to be applied now, via strong Federal responses to the provocations above.

Strong words rooted in history

But meaningless unless backed by equally strong action:

The morning after the Trump administration sued California over its immigration policies, U.S. Attorney General Jeff Sessions Wednesday appeared in downtown Sacramento to say states cannot defy the federal government when it comes to immigration…

“A refusal to apprehend and deport those, especially the criminal element, effectively rejects all immigration law and creates an open borders system,” Sessions declared. “Open borders is a radical, irrational idea that cannot be accepted.

“There is no nullification. There is no secession,” Sessions said. “Federal law is ‘the supreme law of the land.’ I would invite any doubters to Gettysburg, and to the graves of John C. Calhoun and Abraham Lincoln.”

The invocation of John C. Calhoun and nullification is particularly appropriate.  Calhoun’s South Carolina in 1832 claimed the power to “nullify” a hated Federal tariff by simply refusing to collect it within the State’s borders.  The president at the time, Andrew Jackson, was emphatic about Federal supremacy within its Constitutional sphere.  At his behest, Congress passed the Force Act, essentially giving Jackson the power to use military force if necessary to compel compliance and collection of duties.  It never reached that point, in no small part because of Henry Clay’s gifted statesmanship in Congress.  But the situation emphasized the power struggle over Federal versus State prerogatives nearly two decades before Southerners fired on Ft. Sumter.

One interesting aspect of the “Nullification Crisis” was that it pitted a sitting president (Jackson) against his own vice-president (Calhoun).  Two years prior to the crisis this conflict had been made apparent at the 1830 Jefferson Day dinner.  The president, aiming a barb at Calhoun and signaling his waning support for Southern arguments about States’ rights, toasted “Our Union; it must be preserved.”

Calhoun shot back: “The Union, next to our liberty most dear.  May we all remember that it can only be preserved by respecting the rights of the States, and distributing equally the benefits and burdens of the Union.”

What, you thought today’s political divisions were unprecedented?  Hardly.

Here’s the point of the history brief: the immigration confrontation flips the usual situation where “conservatives” advocate the 10th Amendment’s reservation of power to the States while “liberals” seek to use Federal supremacy in everything — the better to force change they likely could not through the electoral process.  As recently as the Obama administration Arizona attempted to strengthen border security, only to be sued by the Feds for stepping into an area of Federal supremacy.

Now the shoe’s on the other foot, with the parties in power reversed.  Arizona allegedly couldn’t strengthen its border security beyond the Federal level of enforcement, but California can loosen it?  While both sides are guilty of putting power over principle, it’s both more obvious and dangerous with the sudden liberal embrace of claiming exceptions to Federal power.  The same leftist groups who argued before Federal judges in 2016 that North Carolina couldn’t ban confused men from women’s restrooms is now arguing California can have its own foreign policy in the area of immigration.  Okay…

Here’s what California and Calhoun have in common (besides both being Democrats, but I digress…): both were/are Constitutionally wrong.  Some readers may be surprised to see me write that, because Constitutionally I am a strict constructionist who interprets (in keeping with the 10th Amendment) the document as a constraint on Federal power, and am generally sympathetic to defending States’ rights.  That said, if the document expressly gives the Feds a particular power, there’s no arguing it.  In the case of Calhoun’s fight against tariffs, Article 1, Section 8 (*) of the Constitution clearly grants Congress the power to levy taxes, duties, imposts and excises, provided they are uniform throughout all States.

The Constitution does not contain the word “immigration,” but in the same section cited above grants Congress the power to establish a uniform rule of naturalization.  This means States and cities have no authority to establish “sanctuaries” where illegal immigrants are given the same privileges as citizens.  Those local authorities who do so are in defiance of the Constitution, and have abrogated any oath they took to support and uphold it.  They should be held appropriately accountable for that.

Because the “sanctuary” concept has become so trendy in Leftist circles, the Trump administration now faces widespread defiance of Federal authority.  Trump is sometimes compared to Jackson (faulty personality and all).  One wonders whether he will rely solely on the courts, where your mileage varies considerably concerning Constitutional interpretation, or whether he will follow Jackson’s more direct approach.  Or, for that matter, President Lincoln’s:

WHEREAS the laws of the United States have been, for some time past, and now are opposed, and the execution thereof obstructed, in the States of South Carolina, Georgia, Alabama, Florida, Mississippi, Louisiana, and Texas, by combinations too powerful to be suppressed by the ordinary course of judicial proceedings, or by the powers vested in the marshals by law. (emphasis added)

Now, therefore, I, ABRAHAM LINCOLN, President of the United States, in virtue of the power in me vested by the Constitution and the laws, have thought fit to call forth, and hereby do call forth, the militia of the several States of the Union, to the aggregate number of seventy-five thousand, in order to suppress said combinations, and to cause the laws to be duly executed…

It’s a simple thing to substitute  California, Colorado, Illinois, New Mexico, Oregon and Vermont for the list of States in the first quoted paragraph above, and have the declaration apply to the issue of whether or not the United States can control its borders without local interference.

Given how divided we are as a nation, I have no doubt such a declaration would precede the same kind of national tragedy that Lincoln’s did.  It’s not the outcome I’d want, but reality has a way of disregarding our personal desires.   More than at any time since 1865, Americans need to rediscover how easy it is to read their own Constitution, and understand what policies are and are not acceptable under it.  That document used to be a unifying force in our national fabric.  Our current collective ignorance of it is a significant contributor to the political climate in which we find ourselves.

The tinder is very dry, and matches abound.  Pray for the best but prepare accordingly.

********************

(*) on a lighter note, I should point out I’ve long thought it funny that Article 1, Section 8 spells out the powers of Congress, while fans of the TV show M*A*S*H will recall the Army’s version of “section 8” refers to discharges due to mental unfitness.  Make of that what you will.

The forgotten Amendment

I’ve written before about the 10th Amendment — an essential but now mostly overlooked part of the Bill of Rights that makes clear where the bulk of authority lies within the federation known as the United States:

“The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.”

A number of years ago there was a vocal national debate about “unfunded mandates” — Congressional legislation that requires States to fund the activity.  Several States (rightly) considered this encroachment on their State’s sovereign right to spend its tax revenue as it wishes.  The 1990s-era “Contract with America” produced legislation to curb the practice, but in reality it has continued unabated.

But passing laws may not be the costliest burden the Feds impose on the States:

Can states just say “no” to foreign refugees? Tennessee is testing that proposition in federal court.

Tennessee vs. U.S. Department of State is a case every state and taxpayer should watch closely in light of new FAIR research showing per-capita refugee costs running nearly $80,000 over five years.

During the Obama regime, the Federal government dumped tens of thousands of ‘refugees’ across America.  The term ‘refugee’ itself is misleading in this context.  True refugees are expected to return home at some point when the immediate crisis has passed.  But we find that hasn’t really been the case here.  Bringing refugees to the U.S. isn’t even the most cost-effective way to “do something,” as the emotional cry goes.  The Center for Immigration Studies suggests 12 refugees could be supported in countries adjacent to a crisis for what it costs to bring over and sustain ONE in the U.S.

Then there is the issue of what the American people want.  Since World War II, the U.S. has been incredibly generous and compassionate toward others by historical standards.  But even that big heart has limits when the public starts to perceive their leaders putting foreigners ahead of U.S. citizens.  A contributing factor in the election of Donald Trump was increasing resentment of the number of immigrants (legal AND illegal) and ‘refugees’ pouring into America.

It’s good to see the 10th Amendment being cited in a challenge.  But here’s another angle that might not be as obvious: at a time when the ballooning national debt already threatens the contractual obligations the government has to various citizens through programs like Social Security, etc, how much tolerance should there be for the government to spend scarce resources on non-citizens?  As it now stands, the country’s fiscal resources are a zero-sum game (excessive printing of currency notwithstanding); every dollar spent on foreign and refugee aid is a dollar taken from Americans — and largely against their will, as current polls show.

The States are the final bulwark against the Federal Government.  Only acting in concert can they tell Uncle Sam “you’ve exceeded your mandate — get back in your box.”  Here’s hoping the current lawsuit, along with the progress toward a Convention of States, brings that reckoning a little closer.

Playing fiscal chicken

The big discussion in the world of punditry today is whether Congress will pass a Continuing Resolution to keep funding the government, or whether budgetary authority will expire tonight, forcing a shutdown of “non-essential government functions.”

I’ve noted several times before that this annual dance shows just how disfunctional our government has become.   Passing an annual budget on time should be Job #1 for Congress.  Instead, we get year after year of sloppy half-measures and patchwork spending:

Far from being a new symptom of present-day Washington dysfunction, Congress’ chronic inability to follow its own appropriations process goes back decades. In fact, in the four decades since the current system for budgeting and spending tax dollars has been in effect, Congress has managed to pass all its required appropriations measures on time only four times: in fiscal 1977 (the first full fiscal year under the current system), 1989, 1995 and 1997.

While the House passed a Continuing Resolution Thursday, there’s speculation the Democrats will torpedo a Senate concurrence over displeasure with not getting a DACA amnesty.  Fine.  If they want to burn the house down in a tantrum over not legalizing the presence of millions who came to this country illegally and uninvited, I say bring it on.

Then the President ought to permanently shut down all agencies that were deemed “non-essential” during the break in funding authorizations.  He can blame the opposition for highlighting again that much of what the Federal government does can be deemed “non-essential” when push comes to shove.  Having worked for Uncle Sam, I can verify there is indeed much nonessential nonsense the taxpayers fund year after year.  So let’s get rid of it.

If we’re going to play chicken with the budget every year, let’s play for keeps.

Where are the grown ups?

So the former FBI Director James Comey testified before Congress about his prior investigations and his dealings with President Trump (it’s still strange to type that).  Here’s how much of a circus this has become:

1. The Director admitting leaking information to the NY Times via a friend
2. The leak supposedly contained notes he wrote after meeting with Trump
3. When asked for his notes, he claims he no longer has a copy
4. Congress has to ask his friend for any copies he received

Really?  Really?  Either the former Director or the President (or, quite likely, both) is shading the truth considerably.  If it can be shown the Director broke rules on protecting information, or has perjured himself before Congress, there needs to be severe penalties.  Congress also needs to take Trump up on his offer to testify under oath.  And finally, it appears former Attorney General Lynch put more pressure on Comey than Trump ever did… something you likely won’t hear played up in the press.

Meanwhile, both Nancy Pelosi and John McCain are amply demonstrating in a bipartisan fashion how geriatric Congress has become (and how much we need term limits).

Any last vestiges of credibility our government may miraculously have seem to be vanishing right before our eyes.  At this point, maybe an EMP blast from North Korea would be an improvement.  At least then we wouldn’t have to listen to these idiots and their pageantry on radio or TV anymore.  And we’d all be too busy scratching out an existence to care about anything beyond the next town.

No more excuses

Less than a year and a half ago, the entire Republican membership of Congress voted to send a bill to President Obama that would have repealed Obamacare.

But that was just for consumption by the rubes back in their home districts.  Clearly, the president wasn’t about to agree to dismantling his namesake health care takeover plan.

That the Republican party isn’t truly serious about seeking smaller government should be apparent to everyone.  They control both houses of Congress, and work with a President who committed himself to getting rid of the misnamed “Affordable Care Act.”

So why won’t they send the same bill to the new occupant of the Oval Office?

Because they know he’d sign it.  Then they’re not just posturing for the constituents, they’re actually removing an ill-conceived government program riddled equally with incompetence and opportunities for political theft and graft.

This is why I stopped identifying as “Republican” close to a dozen years ago.

It’s time to call their bluff.  Everyone who believes the Supreme Court was insane to rule this health care law constitutional, everyone who wants to see health care costs fall instead of rise, everyone who believes the free market, not the bureaucrats best meets our individual needs, simply MUST contact their representatives and demand they resubmit the previous bill.

No more stalling while “a draft” is written.  There’s no need to reinvent the wheel.

Paul Ryan – your membership in the Deep State is showing.  You best realize the election of Trump was a symptom of patience becoming exhausted.

Congress is acting in direct opposition to the mandate expressed in November’s election. So here’s the deal, Congress:

Lead, follow, or get the hell out of the way.