“A Weighty Decision”: Boehner Ready To Punt On ISIS Vote Until 2015
It was Aug. 8, seven weeks ago tomorrow, that President Obama launched U.S. airstrikes on Islamic State targets in Iraq. It was this week when the president expanded the mission to include strikes on ISIS targets in Syria.
And it was last week when Congress decided to give itself another 54 days off, rather than extend legal authority to the Obama administration to conduct this military offensive.
Most of us have been working under the assumption that Congress had one of two options: (1) debate the use of force during Congress’ post-election, lame-duck session; or (2) return to work before the election to do its duty and meet its constitutional obligations.
But in a new interview with Carl Hulse, House Speaker John Boehner (R-Ohio) points to Door #3 – also known as See You Next Year.
[Boehner is increasingly convinced that Congress must hold a full debate on granting President Obama the authority to use military force against terrorists…. But Mr. Boehner believes a post-election, lame-duck session is the wrong time for such a weighty decision.
“Doing this with a whole group of members who are on their way out the door, I don’t think that is the right way to handle this,” he said.
Mr. Boehner, who is open to a more expansive military campaign to destroy the Islamic State, thinks lawmakers should take up the issue after the new Congress convenes in January. At that time, he said, President Obama should come forward with a proposal for consideration.
Greg Sargent noted in response, “You have to love the idea that this is too ‘weighty’ a decision to make during the lame duck session, but not ‘weighty’ enough to vote on before the escalation actually launched, let alone before an election in which voters deserve to know where lawmakers stand on a matter of such great consequence.”
Indeed, it’s difficult to think of a defense for Boehner’s new posture.
Not to put too fine a point on this, but Americans elect members to specific terms, during which they’re expected to meet their obligations. The key word in “lame-duck session” is “session” – these elected federal lawmakers have jobs to do, and the fact that they’re nearing the end of their term doesn’t negate the fact that there’s important work to do.
Boehner makes it sound as if Congress is high school, and everyone can just coast for the last couple of weeks after final exams. That’s crazy – the United States is engaged in combat operations and the people’s elected representatives aren’t supposed to just take a pass on the crisis for the sake of convenience.
As for the notion that the White House “should come forward with a proposal,” I’d remind the Speaker that Congress is a co-equal branch of government. Waiting for the executive branch to write a draft resolution for the legislative branch isn’t a requirement – but Congress approving wars is.
As we talked about yesterday, Americans can take every Republican anti-Obama argument of late – about separation of powers, about co-equal branches of government, about the importance of institutional checks and balances – and throw them right out the window, confident in the knowledge that the GOP didn’t mean a word of it. For all the chatter about the president being an out-of-control, lawless tyrant, here’s an instance in which Obama really is acting without any congressional authority, only to find congressional leaders saying, “No big deal. We’ll think about doing something in a few months, maybe.”
Fair-minded observers can debate the propriety of the president’s actions, but for over two centuries, presidents have gone as far as Congress will let them. Especially in times of war, every Commander in Chief has sought as much power and authority as he can muster.
It’s up to Congress – filled with members who spent the summer complaining about Obama golfing instead of working – to meet its responsibilities. This Congress isn’t even going through the motions. Lawmakers aren’t even keeping up appearances. They’re not even trying.
I thought this Congress couldn’t get any worse. I stand corrected.
By: Steve Benen, The Maddow Blog, September 25, 2014
“Will The House GOP Stop The War on ISIS?”: If You Hamper The War Effort Of One Side, You Automatically Help That Of The Other
So here, with Congress now trying to figure out what to do about President Obama’s request for funding for the Syrian rebels, we have a glimpse, as rare in its way as an eclipse or a meteor shower, of two Republican pathologies colliding head-on. The first is their biological urge to oppose Obama on all matters. The second is the House Republicans’ chronic eleventh-hour melodramatics about keeping the government funded every September. I could throw in a third—John McCain’s ever-mounting and ever-more-obvious personal bitterness toward Obama—but we’ll lay him aside for today and focus on this joining of the two pathologies, which in the worst-case scenario threatens to derail Obama’s anti-ISIS campaign before it even starts.
Fast background: Congress has to pass a continuing resolution by September 30 or we’ll have a government shutdown again. Actually, in practical terms, it has to pass it within the next few days, because the Jewish holidays are coming and Congress is going on recess so members can go back home and campaign.
In an election year, no one on the GOP side wants to risk a government shutdown (check that—Ted Cruz still kind of does!). The two parties are mostly arguing about the Export-Import Bank, the newest piece of coal for the tea party fire, but that’s the kind of thing they usually agree at the last minute to extend for another six months.
But that was the pre-ISIS state of play. Then we all saw the beheading videos, and fighting the Islamic State became a matter of urgency. Obama had asked Congress for $500 million in aid to the Syrian rebels back in June, but Congress, in its laconic, congressional way, was originally going to wait until next year to get around to that. But now the administration wants that $500 million—which is actually part of a larger $2 billion request that would include other money for operations in Iraq and Ukraine—to be passed now. And it wants it included in the “CR,” as they call it.
As you probably know, the House Republicans met Thursday morning in the aftermath of Obama’s speech to figure out how to proceed. As you probably also know, they didn’t figure it out. Some support Obama’s request—John Boehner does, and the relevant committee chairmen. Others, of course, don’t trust Obama. Some want to keep the Syria money in the CR. Others want to pry it out and have two votes, one on government funding and one on the Syria dough.
What would be the point of this? There is no point. Long Island Republican Peter King said something in Politico about how “it sends a stronger message” if it’s a separate vote, which is nonsense. Can you picture Bashar al-Assad sitting in Damascus talking with a top aide and saying, “Well, I don’t think $500 million is a serious amount of money,” and the aide says, “Gee, boss, I don’t know, I mean, they passed it on a separate vote”?
Please. The only reason to have a separate vote is to diddle the White House around. “Assert congressional prerogative” is the more euphemistic way to put it, but I can guarantee you that if President Romney were asking for this money, the only thing Republicans would be debating would be how many times they could each vote yea. Similarly, the shocking demand among some Republicans for greater action—for ground troops, even—is equally hypocritical. If Obama had proposed ground troops, they’d be hyperventilating about how scandalous it was of him to want to send our troops into harm’s way. They’re just looking for a hook—the handiest excuse to oppose Obama that they can find.
Obviously, passing the $500 million in the quickest way possible is what sends the strongest “message,” as if anyone even cares about such messages. What matters is that the money gets authorized. If the House Republicans pull it out of the resolution and make it a free-standing vote that will happen later, then all that accomplishes is that it gives talk-radio land and the conservative Twittersphere a few days to badger Republicans about casting a pro-Obama vote (and right before an election). And if that happens, and the right finds some excuse to work itself into a lather over this, Boehner may just decide that the easiest thing is to send them home without voting on Syria at all.
In one of his more famous essays, “Pacifism and the War,” George Orwell wrote that pacifism “is objectively pro-fascist. This is elementary common sense. If you hamper the war effort of one side you automatically help that of the other.” Orwell was writing of course about World War II, which I concede this is not (although I submit that it would be nice to see similar rhetorical restraint from the Republicans, who never tire of invoking Munich when they’re harping on Obama for not being tough enough). But if it isn’t World War II, neither is it the last Iraq War, which was completely unprovoked and based on lies. ISIS has killed Americans, and its threat to the region is clear and obvious. The Islamic State is evil by any measure. House Republicans may not trust the president and may prefer to see all this done differently. But without going as far as Orwell did (he later walked back the essay, after all) we can fairly ask if they want to have done nothing to check the Islamic State’s march.
I actually don’t think it will come to that. Even so, if I were a moderate Syrian Sunni, I wouldn’t be putting in orders for any tactical ballistic missiles just yet.
By: Michael Tomasky, The Daily Beast, September 12, 2014
“2014 Midterm Elections”: With So Much At Stake, This Coming Election Day Is Not A Time For Eligible Voters To Stay Home
With less than 10 weeks to go before the midterm Congressional elections Americans in general are frustrated with Washington. National polls show that about three quarters of all Americans disapprove of the way Congress is doing its job. By comparison, about half of those Americans polled disapprove of President Barack Obama’s handling of his job.
Sunday’s New York Post reported that 163 laws have been passed and signed by the president since this two-year term of Congress began in January 2013. That is far lower than the 284 laws that were passed by the 2011-2013 session, which is an all time record for fewest bills passed. Congress passed 386 laws during the 2009-2011 session. Former Representative Lee Hamilton (R-IN) told the Post, “I’ve never seen it any worse in terms of public esteem for the Congress. I can’t find anybody who says a good word about it.”
Despite Congress’s lack of productivity, and as outrageous as it may seem, it appears that most incumbents will be reelected in November. Conventional wisdom is that while most Americans want to get rid of Congress, they nonetheless support their own representative. This is especially true during midterm elections because voter turnout is often very low, which gives incumbents an advantage. But both parties are leaving nothing to chance, as a record amount of campaign dollars will be poured into this election, surpassing the $3.6 billion spent in 2010.
Republicans currently hold a majority of the seats in the House of Representatives, 233-199; there are three vacant seats. The GOP expects to expand its majority in the House. Meanwhile, Democrats currently hold a majority in the Senate. But of the 36 Senate seats in play, 21 of them held by Democrats, while 15 are held by Republicans. If the GOP picks up six Senate seats this midterm they will be in the majority in both houses of Congress. Most experts, including Nate Silver, of the election site FiveThirtyEight, give Republicans a slight edge to take those seats and become the majority party in the Senate.
The Republicans are targeting the seven Democratic seats that are up in states where Mitt Romney beat President Obama in the 2012 presidential election. They are also going after four additional Democratic seats in states where the president remains unpopular. Republicans will do all they can to make this election about President Obama’s unpopularity.
Domestically the president has been attacked for executive actions he has taken to bypass the blockade that Congress has become. For example, Senator Marco Rubio (R-FL), who himself has presidential aspirations, has regularly attacked the president, telling Fox News “He believes somehow that he’s become a monarch or an emperor that can basically ignore the law and do whatever he wants.” On the other hand, Republicans have attacked President Obama for being disengaged and “leading from behind” on foreign policy. The president’s recent comment the he does not have a strategy on dealing with ISIS in Syria was seized upon by Republicans. Representative Paul Ryan (R-WI), said on CBS Sunday, “What I want to hear from the president is that he has a strategy to finish ISIS off, to defeat ISIS.”
Congressional and Senate Democratic candidates have tried to localize their elections, but Republicans are focusing on President Obama in an effort to energize their base. So Democrats are trying to mobilize minority voters, especially African-Americans, who generally don’t vote in midterms. Party activists are using the shooting in Ferguson, Mo., and conservative calls to impeach the president, to mobilize Blacks. An increase in the number of Southern Blacks helped Democrats during the 1998 midterm election, when President Bill Clinton was under heavy fire from the right.
Ironically, the one Republican Senator who is in the toughest fight to be reelected is the man who has the most to gain if Republicans win majority control. Senator Mitch McConnell (R-Ky), the Senate minority leader, has done all he can to obstruct and block the agenda of President Obama since the day he was sworn in to office in 2009. McConnell is facing a vigorous challenge from Democrat Alison Lundergan Grimes. McConnell is not popular in Kentucky, but a recent state poll shows he has the edge. Lundergan Grimes is making McConnell’s failings in Congress the issue. But McConnell is tying his opponent to President Obama.
Should Republicans take control of both houses the legislative process will grind to a halt. Anything the Republicans pass, like efforts to defund Obamacare, will be vetoed by the president. Meanwhile, Congressional investigations into the so-called scandals surrounding the IRS and Benghazi will intensify. The partisan divide will widen as Republicans try to score points before the 2016 Presidential Elections.
Because so much is at stake, this coming election day is not a time for eligible voters to stay home.
By: Joe Peyronnin, The Huffington Post Blog, September 1, 2014
“The True Bounds Of Executive Authority”: The Possession Of Great Power Necessarily Implies Great Responsibility
With Congress mired in gridlock, President Obama has vowed to use “a pen and a phone” to accomplish some of his policy goals. Last week, he doubled down by promising to act on one of the nation’s most divisive and important issues — immigration — before the rapidly approaching end of summer. Such executive action has outraged his political foes. To be sure, any ambitious path of executive action must be conducted in a manner consistent with the law and the appropriate role of coordinate branches. But should we snap to attention when we hear hyperventilating about his supposed abuse of power? At least so far, hardly.
All presidents have significant power to advance policy goals through executive action. That power is limited by the Constitution, above all else. The Supreme Court has made it clear that when Congress has not acted, and no federal law blocks it, the president has considerable leeway to act. Through the years, presidents of both parties have used the tools at hand. Ronald Reagan reined in regulatory agencies. Bill Clinton declared major swaths of land off limits for development, and cracked down on tobacco. George W. Bush made major moves to limit stem cell research. And presidents (including this one) have used, and often abused, executive authority when it comes to national security, often moving in secret.
Where does President Obama stack up in this hall of presidents? In fact, so far, he has not been especially more aggressive than his predecessors. He issued executive orders at a slower pace than any president since Grover Cleveland. Quantity is not quality, but the orders he has issued have not been particularly bold — no seizing steel mills (as Harry Truman did) or sending the National Guard to Little Rock (as Dwight Eisenhower did). One unilateral power clearly given to the president by the Constitution is the pardon power. Here, too, Obama has issued fewer pardons and grants of clemency to prisoners serving unjust sentences than most presidents.
This has not stopped his political opponents from screaming that he is abusing his power. The House of Representatives recently voted to sue him for one act of supposed overreaching: delays in implementing the employer mandate and other parts of the Affordable Care Act. Set aside the weirdness of such a claim (this is the same House that wants to repeal the same law). Once a bill is passed by Congress, the executive branch has the authority to execute it. Realistically, putting complex statutes such as the ACA into place will have bumps in the road. In this case, it turned out that the ACA could not be accomplished as quickly as hoped — in part because several states refused to cooperate. But presidents have delayed implementation of laws in the past without arousing ire. George W. Bush used his executive authority in 2004 to waive penalty fees for seniors who signed up late for Medicare Part D, another contentious health care law.
Will the president’s use of executive power to advance his goals on immigration reform be constitutional? Depends. No president has authority to do a complete immigration overhaul by fiat. And we don’t fully know what is contemplated, which must of course meet the test of legality. But this president, as any president, has ample room for action. He has asked for a set of formal recommendations from Homeland Security Secretary Jeh Johnson, and has looked at expanding the Deferred Action for Childhood Arrivals (DACA) program to allow for deferred deportations, at the discretion of federal prosecutors. It makes perfect sense for the president to use his finite resources in a way that is fiscally responsible and protects the public interest. Indeed, he has already done so on a smaller scale two years ago when he created DACA to ceased deportation of young immigrants who met certain criteria.
The government cannot deport everyone; it simply doesn’t have the capacity. Prioritizing deporting violent criminals is hardly earth-shattering, or Constitution-shattering. Law enforcement and prosecutors exercise discretion all the time in determining which cases to investigate and prosecute. In the real world of an “under-resourced” system, choosing how to allocate the resources that Congress does give him is clearly within the president’s purview.
Our government functions on a system of checks and balances. It’s true that the Constitution grants Congress more powers than the president. But, as William Lamb, 2nd Viscount Melbourne, said during a debate in Parliament in 1817, “the possession of great power necessarily implies great responsibility” (150 years later, Spider-Man agreed). A paralyzed Congress has abdicated its responsibility and spurred the president to act. President Obama is simply is doing what he must do to keep the United States running.
By: Inimai Chettiar, Director, Justice Program, Brennan Center for Justice at NYU Law; The Hufington Post Blog, August 29, 2014
‘From Embattled To Pitiful”: Boehner Has A New Pitch To Defend Congressional Ineptitude
About a year ago, a reporter started to ask House Speaker John Boehner (R-Ohio) about Congress’ “historically unproductive” term. “That’s just total nonsense,” he snapped, before the question was even finished.
In reality, it wasn’t nonsense at all, and the question appears even more apt now. The fact remains that this is the least productive Congress since clerks started keeping track nearly a century ago.
Soon after, Boehner switched gears and tried to turn the argument around – sure, he said, Congress isn’t legislating, but that’s a good thing. According to Boehner, Congress “should not be judged by how many new laws we create,” but rather, Congress “ought to be judged on how many laws we repeal.”
This effort to rebrand failure also posed a problem: Congress hasn’t repealed laws, either. By either standard, the legislative branch was failing miserably.
But the hapless House Speaker clearly remains sensitive about Congress’ ineptitude, which seems to have led him to an entirely new argument: Congress isn’t working, but the Republican-led House is awesome.
As he began his annual month-long, 14-state bus tour this week, the Ohio Republican left many of the red-meat issues that rev up his base back in Washington. Instead, he’s trying to promote a different message: Republicans are doing the legislating while everyone else is slacking off. […]
“When you hear all this stuff about the Congress, understand there are two bodies in the Congress,” Boehner said during a morning fundraiser in Bolingbrook, a suburb of Chicago. “One is working our rear ends off, and frankly, you’d be surprised all the stuff we do is done on a bipartisan basis. [Senate Majority Leader] Harry Reid didn’t even try to pass a border bill that we passed last Friday.”
And it’s at this point when the House Speaker made the transition from embattled to pitiful.
Boehner may feel slightly embarrassed for creating an accomplishment-free legacy for himself, and he’s no doubt frustrated by the fact that Congress’ approval rating has fallen to levels unseen since the dawn of modern polling, but this latest tack to rationalize failure is laughable.
Consider the example Boehner himself is using: the GOP-led House passed a “border bill,” while the Democratic-led Senate ignored it. Proof of House Republicans working their “rear ends off”? Not for anyone who was actually awake and watching Congress last week.
The House’s “border bill” was a ridiculous joke that even Boehner didn’t like. The Speaker pushed an entirely different bill; his own members decided to ignore his weak leadership (again); causing Boehner to give up and tell right-wing extremists to write whatever they wanted, without any regard for whether it would become law.
It was a pathetic effort to ram through a symbolic gesture, not a legitimate effort to pass a real bill. That Boehner is using this as a great example of how effective House Republicans are helps prove the exact opposite point.
On the surface, it stands to reason both sides are going to blame the other – in this do-nothing Congress, the Democratic Senate wants voters to blame the Republican House and vice versa. None of this is surprising.
But there’s an objective truth available to anyone who wants to see it. This Congress could approve immigration reform, tax reform, ENDA, and a minimum-wage increase, among other things, were it not for the no-compromise, far-right party dominating the U.S. House. That’s just the reality.
Boehner, taking orders instead of giving them, has approved a bunch of symbolic, partisan bills that no one, including Republicans, expect to become law, but that’s not governing – it’s self-indulgent posturing. Until the Speaker is prepared to acknowledge the difference, Congress will remain a national embarrassment.
By: Steve Benen, The Maddow Blog, August 7, 2014
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