constitutional ineptness of a Senator<\/a>.\u00a0 Maybe it\u2019s just that 6 year terms make them stop using their brains until it\u2019s time to be re-elected.\u00a0 Or maybe they are just counting on the plethora of low information voters won\u2019t know enough about the Constitution to say anything.\u00a0 I\u2019m thinking the latter over the former is what Senator Schumer is counting on: stupid people who won\u2019t call him out on his really stupid idea.\u00a0 Well, Senator, I\u2019m not one of them.<\/p>\nSenator Schumer said he intends to propose legislation that will circumvent the constitutionally set power of the purse.\u00a0 His idea: transfer the power to raise the debt ceiling from Congress to the President.\u00a0 It really isn\u2019t his original idea.\u00a0 RINO and constitutional \u201cscholar\u201d Mitch McConnell originally came up with it in 2011.\u00a0 What Schumer, and McConnell, are suggesting is found in Schumer\u2019s recent quote about the recent shut down \u201cOne way to avoid this from happening again is for us to implement the McConnell rule, which says that Congress must disapprove rather than approve increases in the debt ceiling.\u00a0 If we were to do that, the chances of going up to the brink again, the chances of this kind of debacle would decrease. I\u2019m going to introduce legislation to do just that, and it would really help.\u201d\u00a0 Sure it would.\u00a0 It would help transfer a balance of power over to another branch of government, upsetting what the Founders set under the Constitution.<\/p>\n
What he is proposing, and McConnell proposed before him, is giving the President unilateral power to decide our ability to borrow money.\u00a0 Under the \u201cRule\u201d Congress would only be able to stop him via a two-thirds majority vote (like it takes to override a Presidential veto).\u00a0\u00a0 Two thirds of Congress can\u2019t agree on what to have for lunch.\u00a0 The President in practice would have absolutely no one stopping him from borrowing money.\u00a0 Keep in mind, our debt has gone up $7 trillion in the last 5 years \u2013 unprecedented amounts of borrowing in that period of time.\u00a0 More power isn\u2019t what he needs.<\/p>\n
But you\u2019re probably thinking that isn\u2019t necessarily a bad idea if it avoids a shutdown again.\u00a0 Wrong again, it is, and why comes down to how our Constitution divides the powers of government.\u00a0 More importantly it comes down to why: checks on power.<\/p>\n
So let\u2019s take a look at what the Constitution says about power and who has it.\u00a0 Article 1 of the U.S. Constitution gives Congress the power of the purse.\u00a0 Under Section 7, \u201cAll Bills for raising Revenue shall originate in the House of Representatives\u201d meaning they have to start there.\u00a0 If you wondered why the bills for the shutdown had to come from the House and go to the Senate, that\u2019s why.<\/p>\n
Section 8 gives Congress the power to tax us.\u00a0 Taxes are used to \u201cto pay the Debts and provide for the common Defense and general Welfare of the United States\u201d.\u00a0 It also gives them the power:\u00a0 to borrow money against \u201cthe credit of the United States<\/strong>\u201d; regulate commerce with foreign nations, between states and with Indian Tribes; to coin money and regulate its value; set the punishment for those who counterfeit our money; and other varied responsibilities.<\/p>\nIn other words, Congress, especially the House, controls the money.<\/p>\n
Article II sets out the powers of the President.\u00a0 Section 2 sets out his duties.\u00a0 Specifically:\u00a0 Commander in Chief of the Army and Navy; power to grant reprieves and pardons for Federal offenses (except Impeachment); make Treaties (the Senate must vote on and pass by two thirds); appoint Ambassadors, Justices of the Supreme Court (again with Congressional approval necessary); and fill recess appointments that expire when Congress goes back into session.<\/p>\n
Nowhere in Article 2 does it say the President should have the power to decide the debt ceiling.\u00a0 IN FACT, that power is specifically given to the House of Representatives in Article 1!\u00a0 So let\u2019s review the \u201cMcConnell Rule.\u201d\u00a0 The President says \u201cI will raise the debt ceiling\u201d and Congress must vote against it by a two thirds majority, not just a simple majority. \u00a0Just to remind you, two thirds of the House is 290 of 435 Representatives, and two thirds of the Senate is 66 out of 100 Senators.<\/p>\n
Again, Article 1 (as opposed to 2) gives the HOUSE the power to \u201cTo borrow money on the credit of the United States<\/strong>\u201d (emphasis added).<\/p>\nNow why do you think our Founding Fathers divvied up the power of government, and made each branch a check on the other?\u00a0 Anyone?\u00a0 Anyone?\u00a0 Because one branch having too much power breeds tyranny.\u00a0 Having another branch be something other than a rubber stamp means that the interests and rights of the citizens are protected.<\/p>\n
I wrote last week about how law-by-law our rights under the Constitution are being eroded.\u00a0 This is another really big one.\u00a0 Every one of us needs to get in touch with our Senators and Representatives and remind them of why the President can\u2019t do this \u2013 our Constitution.\u00a0 Send them a copy of this column.\u00a0 Send them a copy of the Constitution, but send them your words saying loudly<\/em> \u201cABSOLUTELY NOT!\u201d\u00a0 And Senator Schumer, shame on you.\u00a0 You know better.<\/p>\nSource: http:\/\/clashdaily.com\/2013\/10\/constitution-101-congress-vs-potus-courtesy-sen-schumer\/<\/a><\/p>\n