“An Upending Of Reason In The House”: Republican Efforts To Placate Conservatives Aren’t Working
After conservatives on Thursday brought down House Speaker John Boehner’s bill to address the border crisis, the new House Republican leadership team issued a joint statement declaring that President Obama should fix the problem himself.
“There are numerous steps the president can and should be taking right now, without the need for congressional action,” the leadership quartet proclaimed, “to secure our borders and ensure these children are returned swiftly and safely to their countries.”
Who’s in the what now?
Just the day before, House Republicans had voted to sue Obama for using his executive authority. They called him lawless, a usurper, a monarch, a tyrant — all for postponing deadlines in the implementation of Obamacare. Now they were begging him to take executive action to compensate for their own inability to act — even though, in this case, accelerating the deportation of thousands of unaccompanied children coming from Central America would likely require Obama to ignore a 2008 law.
This was not a momentary lapse but a wholesale upending of reason.
Rep. Hal Rogers (R-Ky.), the Appropriations Committee chairman who had been leading the GOP side in the border legislation debate, told reporters much the same thing after the legislation was pulled from the floor. “I think this will put a lot more pressure on the president to act,” he said, according to The Post’s Paul Kane and Ed O’Keefe. “He has the authority and power to solve the problem forthwith.”
Apparently, if Obama is using his executive authority to advance a policy House Republicans support, it’s a meritorious exercise of presidential authority; if he uses that same authority to aid a policy they oppose, it’s time to write up articles of impeachment.
In another action this week, Republicans acknowledged, at least tacitly, that Obama has the executive authority to postpone deportations. The House majority drafted, and scheduled a vote on, legislation that would forbid the executive branch from anything that would “expand the number of aliens eligible for deferred action.”
But in proposing such legislation (which was pulled from the floor along with the border bill), Republicans implicitly acknowledged that Obama has such power now. Therefore, until both chambers of Congress can pass such a law by veto-proof margins, Obama retains the power. This is probably why House Republicans, just two weeks earlier, scoffed at the suggestion that they pass this sort of legislation when the idea came up before the Rules Committee.
If the GOP position sounds contradictory, that’s because it’s less about the Constitution than cleavages within the party. There are real questions about Obama’s abuses of power — say, the spying on Americans by the National Security Agency or the use of drones to kill U.S. citizens overseas — but the opposition party has left those largely untouched. The planned lawsuit was a bone thrown to conservatives to quiet their impeachment talk. The legislation restricting Obama’s executive authority on immigration was a similar effort to buy off conservatives who had been encouraged to rebel by Sen. Ted Cruz (R-Tex.).
But the efforts to placate conservatives aren’t working. The new House GOP leadership team took over Thursday, but a mere two hours after Rep. Eric Cantor gave his valedictory as majority leader on the House floor, his successor did a face-plant.
All morning, GOP leaders had been predicting that they had sufficient Republican votes to pass Boehner’s border bill. But then conservatives, under pressure from Cruz and far-right interest groups, began to go squishy, and the new leader, Kevin McCarthy, announced that he was pulling the border bill from the floor and that members could depart early for their five-week summer break.
What followed was as close as Congress gets to one of those fistfights in the Taiwanese parliament. Mainstream Republicans besieged Boehner and McCarthy on the House floor, noisily demanding that they do something about the border crisis before going on holiday. Half an hour later, McCarthy announced that “additional votes are possible today.”
Boos and jeers rained down on the new leader. The speaker pro tempore, Virginia Foxx (R-N.C.), banged the gavel violently for order. Some lawmakers had to be called back from National Airport.
The hapless new majority leader, and his equally hapless new majority whip, Steve Scalise, called Republicans to an emergency meeting, where after fierce argument it was decided . . . that they would meet again on Friday.
Boehner, earlier in the day, tried to be philosophical. “I take my job one day at a time,” he said.
The problem with day-by-day leadership, though, is inconsistency: What you do on Thursday has a way of contradicting what you said on Wednesday.
By: Dana Milbank, Opinion Writer, The Washington Post, August 1, 2014
“No One To Blame But Themselves”: The GOP’s Impeachment Dilemma Will Only Get Worse
Today John Boehner declared that any talk of Republicans impeaching President Obama is a sinister plot originating in the White House, from which so many other sinister plots have come. “It’s all a scam started by Democrats at the White House,” he said. “This whole talk about impeachment is coming from the president’s own staff and coming from Democrats on Capitol Hill. Why? Because they’re trying to rally their own people to give money and show up in this year’s elections.” Which is partially true. Democrats do want to talk about impeachment, and it does help them raise money (though while an actual impeachment would certainly get Democratic voters to the polls in November, it’s much less likely that just talking about it will do so). But that’s only part of the story.
Boehner and other Republican leaders are now trying to walk an impossible tightrope. On one hand, they’re arguing that they have no interest in impeaching the president — they know that it would be a political catastrophe if they did — and any suggestion to the contrary is nothing but Democratic calumny. On the other hand, they’re arguing that Obama is a lawless tyrant who is trampling on the Constitution. If that contradiction has put them in a difficult situation, they have no one to blame but themselves.
Like so many of their problems, this one has its roots in the uncontrollable Tea Party beast that they nurtured but can’t control. It’s true that the only prominent Republicans explicitly calling for impeachment are ones like Michele Bachmann, Rep. Louie Gohmert (R-Tex.), or Sarah Palin. But you can see the quandary in people like Majority Whip Steve Scalise (R-La.), who was on Fox News Sunday this week, and when Chris Wallace tried to pin him down to say that Republicans wouldn’t impeachment Obama, Scalise wouldn’t do it.
It’s probably because Scalise knows that impeachment isn’t supported just by his party’s fringe. According to a YouGov poll taken earlier this month, 89 percent of Republicans think “Barack Obama has exceeded the limits of authority granted a President by the US Constitution,” and 68 percent think there is “justification for Congress to begin impeachment proceedings against President Obama at this time.” Even when given a number of options including “President Obama has abused his powers as president which rise to the level of impeachable offenses under the Constitution, but he should not be impeached,” 63 percent still said he ought to be impeached. A CNN poll found a smaller number of Republicans saying Obama should be impeached, but still a majority of 57 percent.
So the idea that Boehner characterizes as a crazy Democratic slander is the majority position among Republican voters. And they didn’t get the idea from nowhere. They got it because the people they trust — Republican politicians and conservative media figures — have been telling them for years, but with particularly ferocity in the last few months, that Barack Obama is a lawless tyrant who is trampling on the Constitution. They’ve been hearing this not just from the Sean Hannitys and Steve Kings of the world, but from every Republican, up to and including the GOP congressional leadership, on a daily basis. Of course those Republican voters think he should be impeached. It’s absurd for people like Boehner to turn around and say, “Whoa now, who’s thinking of impeachment? That’s just Democrats saying that.”
And consider the odd situation in which that leaves the President. As much as he has been under attack from Republicans over executive authority, he has a political incentive to bait Republicans into talking more about impeachment, which would both build pressure for it within the GOP and force them to deny it to the media. The best way for him to do so is to take more unilateral action on issues like immigration. That would incense Republicans, who would then rush to the cameras to decry his lawlessness, which would lead journalists to ask them whether they’re going to impeach him, which would lead them to tie themselves in knots denying it. Obama would get both the policy results he wants and the political benefit of making his opponents look like they’re about to drag the country into a repeat of the farce of 1998.
So yes, the talk of impeachment is in part a plot by the White House. But they’re only exploiting the pressure that exists within the GOP — pressure that John Boehner and the rest of the party leadership helped create. And if you think you’ve seen Republicans squirming uncomfortably over the question up until now, just you wait.
By: Paul Waldman, Contributing Editor, The American Prospect; The Plum Line, The Washington Post, July 29, 2014
“Republicans Are Gonna Be Really Mad!”: Boehner Sues Obama In Order To Implement Health Law Faster
When I learned that House Speaker John Boehner is suing President Barack Obama, I thought about a number of good reasons for something to limit executive actions. Would it be to limit NSA spying on its citizens? Could it have something to do with limiting IRS hazing of liberal and conservative groups (the Tea Party gets most of the attention, but the Congressional panel revealed that all new groups got special scrutiny)?
Would it end executive orders by the executive branch, or terminate signing statements, something done by Obama and George W. Bush (who did both with more frequency)? Might it require less immunity for advisers in the presidential administration?
Actually, it wouldn’t involve any of these good reasons for a lawsuit.
Instead, House Speaker Boehner wants to sue President Obama to implement the health care law, known as the Affordable Care Act (ACA), sooner.
Huh?
That’s right, Boehner claims that the Obama administration overstepped its legal bounds by delaying the employer mandate for a year. Businesses won’t be mandated to provide health care for their employees for a year.
What’s ironic is that House Republicans, when they weren’t voting to repeal the ACA, they also tried to vote for the exact same delay in the employer mandate.
So the lawsuit clearly isn’t about policy. It is about who has the power.
Boehner claims that the Obama administration shouldn’t have the power to write the law. But isn’t the executive branch allowed to implement the law? Is the timing part of writing a law, or implementing a law?
Actually, there’s a long history of delays in implementing the law, even about health care. And I don’t remember Boehner filing a lawsuit, or even objecting, when President George W. Bush delayed the implementation of his prescription drug law 10 years ago (passed by Congress, of course).
Boehner also claims that the White House has been abusing the executive actions, even though Obama has used the fewest executive actions since Grover Cleveland, according to the Washington Post. Granted, Boehner admitted that he thinks presidents should be allowed to use executive orders, but that the president has been abusing such authority with recess appointments.
If that term sounds familiar, it’s something President George W. Bush would use when making appointments that weren’t approved by Congress. Nobody remembers Boehner suing Bush over these, or even objecting to them.
When making his case for the lawsuit in his op-ed in a CNN article, Boehner didn’t say anything about implementing the health care law sooner, or even that he supported some recess appointments made by Obama’s predecessor. Instead, he cited Senate Democrats and President Obama refusing to pass House Republican jobs bills.
I don’t remember that being unconstitutional.
When Republican voters realize that the lawsuit has nothing to do with illegal immigration, the IRS, the NSA and spying, or repealing the health care law, but making the mandates occur faster, how will they react? I foresee a lot of disappointment in GOP ranks when they read the lawsuit.
By: John A. Tures, Professor of Political Science at LaGrange College in LaGrange, Ga: The Huffington Post Blog, July 27, 2014
“An Inept Congress”: Two Years After Aurora, Where’s The Gun Reform?
It’s been two years since the tragic Aurora, Colorado theater shooting, which killed 12 people and injured 70. But although many politicians, including President Obama, vowed that the nation would finally do something to strengthen gun regulations, Congress still hasn’t passed a single gun control law since. In fact, Congress hasn’t passed any major gun reform since 1994’s Assault Weapons Ban, which expired 10 years ago.
That doesn’t mean that nothing has changed, however. Months later, after the Newtown elementary school shooting in December 2012, the president set up a task force to address the issue. He promised to send Congress proposals for strengthening gun control, and he urged lawmakers to ban assault weapons, pass a universal background check law, and limit high-capacity ammunition clips.
He then signed 23 executive orders into law in January 2013. These included reducing barriers to background checks, researching the causes of gun violence, and improving mental health services. As Forbes explained at the time, “It does not appear that any of the executive orders would have any impact on the guns people currently own – or would like to purchase – and that all proposals regarding limiting the availability of assault weapons or large ammunition magazines will be proposed for congressional action.”
In other words, Congress still needed to act. In April 2013, the Senate voted to expand the background check system, a reform that 90 percent of Americans supported. But the amendment failed to to gain the 60 votes it needed to advance, due to pressure from the National Rifle Association and the lack of support from some red-state Democrats such as North Dakota’s Heidi Heitkamp.
President Obama called the vote “a shameful day in Washington.”
Obama took two more executive actions in August 2013. He banned military weapons that the United States had sold or given to allies from being imported back into the country. These weapons, however, are rarely used at crime scenes.
The president also attempted to close a loophole that allows felons and anyone else who can’t legally purchase a gun to register firearms to a corporation. The new rule requires anyone associated with that corporation to go through a background check. But that rule only applies to guns regulated under the National Firearms Act, which only regulates very deadly weapons such as machine guns.
Meanwhile, Congress still hasn’t passed any major gun legislation. The only step in the right direction was in May 2014, when the House passed an amendment that would increase funding for the country’s background check system.
In June, 163 House Democrats wrote an open letter to House Speaker John Boehner (R-OH), asking him to allow a vote on legislation to address gun violence. If he doesn’t allow a vote, it could resurface as a major issue in the midterms.
Even though there hasn’t been substantive national action to reduce gun violence, some states have taken gun control into their own hands.
Colorado’s state legislature passed laws that required universal background checks and limited gun magazines to 15 rounds of ammunition. Two Democratic state senators were recalled shortly thereafter, in an effort that was heavily supported by the NRA.
New York also passed new gun control and mental health laws. Other states have improved their background check systems, limited magazine capacity, and worked to prevent the mentally ill from accessing guns.
According to the Law Center to Prevent Gun Violence, 64 laws have strengthened state gun regulations since the Newtown shootings, and 70 laws have weakened them.
By: Rachel Witkin, The National Memo, July 18, 2014
“Winking And Nodding”: Method To Madness In GOP Talk Of Obama Impeachment
In times past, Sarah Palin’s blunt call for the impeachment of President Obama for his alleged bungling of the border crisis would have been laughed off, as it deservedly should. Simply consider the source to understand why. But Obama didn’t laugh it off. During his recent swing through Texas, without referring to Palin directly, he derisively mocked her impeachment call with the shout to an audience, “Sue me! Impeach me!”
Obama has heard this call before, many times, from the legion of right-wing bloggers, websites, and talk-show gabbers, and from a motley group of tea-party-affiliated GOP House reps. Though House Speaker John Boehner and GOP establishment leaders quickly squash any talk of impeachment, the truth is that the call is very much on their table, for very good cynical, crass, and politically chilling reasons. It’s the perfect ploy to further hector, cower, and intimidate Obama into backpedaling fast from the use of executive orders to get even faint action on his major initiatives on gun control, health care, jobs, education and transportation-spending measures, and of course immigration reform. The GOP-controlled House has repeatedly declared these measures “DOA” the instant they come from the White House. The GOP set this up nicely by hammering away on the myth that Obama is recklessly ignoring the Constitution by skirting Congress and going it alone in wielding the executive pen.
This is a gross falsehood. Obama is near the bottom on the list of presidents in the number of executive orders issued. The last president who issued orders at a lower rate than Obama was Grover Cleveland. GOP Presidents Ronald Reagan and George W. Bush issued far more executive orders per day in office than Obama. But then the issue is not, nor has it ever been, executive orders but intimidation, pure and simple.
The GOP knows that crying, “Obama is cavalierly using his executive power to bypass Congress and legislate from the Oval Office!” will trigger a powerful public backlash and reinforce its usual charge against him of dictatorial abuse. It has played this card with maximum skill in its fierce fight to wrest back control of the Senate. In this, the GOP can have it both ways on impeachment. Boehner and Arizona Sen. John McCain, who has also sharply dismissed talk of impeachment, can take the high ground on the issue by insisting that their goal is to get more Republicans elected in November — that’s Senate Republicans. But that’s exactly the point of tossing out the word. The hope is that this will stir more doubt and skepticism about Obama among many voters in the key states where GOP senatorial candidates and some House candidates are gunning to unseat Democratic incumbents.
The incessant talk of impeachment has yet another cynical plus for the GOP. It implants the ever-widening notion in the media that Obama is making a mighty effort to impose an “imperial presidency” on the nation. This charge is almost always accompanied by tossing out the words “arrogant,” “indifferent,” and “callous” to describe his alleged thumbed nose at Congress. Boehner played hard on this with his frivolous lawsuit against Obama over the use of executive orders. He self-righteously claimed that his aims were noble and pristine and designed only to protect the rights of the legislative branch against the alleged unconstitutional assault by Obama. This crude campaign to rock Obama and the Democrats back on their heels has gotten traction from a dozen court rulings that have rapped Obama on the issuance of executive orders.
Obama demanded to know how the GOP can sue and impeach him for doing his job. That’s the point. He’s done his job too well. A case in point is the hike in the minimum wage. The GOP adamantly opposes Obama’s proposal to hike the minimum wage. He had absolutely no chance of getting this through the House. Instead he issued an executive order that boosted the minimum wage only to new federal contracts issued, and then only if other terms of a contractual agreement change. This was entirely legal but had little overall effect on the nation’s wage structure. Yet it was significant in another respect.
It was a frontal challenge to the GOP to cease its relentless, dogged, and destructive campaign of dither, delay, deny, and obstruct anything that has the White House stamp on it. There’s always the possibility that the GOP’s loose talk about impeachment could backfire and turn off more voters than it turns on. It could make the GOP look even more rigid, rightist, and desperate to do and say anything to tarnish Obama, even at the risk of making itself look and sound even more ridiculous. The GOP’s hedge against this is to wink and nod at Palin’s call for impeachment while publicly disavowing it but still relentlessly assailing Obama as the “imperial president.” There’s a method to the madness in this ploy.
By: Earl Ofari Hutchinson, Author and Political Analyst, The Huffington Post Blog, July 15, 2014
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