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Judge Michael McConnell: Obama Suspends the Rule of Law

Photo Credit: David G. KleinPresident Obama’s decision last week to suspend the employer mandate of the Affordable Care Act may be welcome relief to businesses affected by this provision, but it raises grave concerns about his understanding of the role of the executive in our system of government.

Article II, Section 3, of the Constitution states that the president “shall take Care that the Laws be faithfully executed.” This is a duty, not a discretionary power. While the president does have substantial discretion about how to enforce a law, he has no discretion about whether to do so.

This matter—the limits of executive power—has deep historical roots. During the period of royal absolutism, English monarchs asserted a right to dispense with parliamentary statutes they disliked. King James II’s use of the prerogative was a key grievance that lead to the Glorious Revolution of 1688. The very first provision of the English Bill of Rights of 1689—the most important precursor to the U.S. Constitution—declared that “the pretended power of suspending of laws, or the execution of laws, by regal authority, without consent of parliament, is illegal.”

To make sure that American presidents could not resurrect a similar prerogative, the Framers of the Constitution made the faithful enforcement of the law a constitutional duty.

The Justice Department’s Office of Legal Counsel, which advises the president on legal and constitutional issues, has repeatedly opined that the president may decline to enforce laws he believes are unconstitutional. But these opinions have always insisted that the president has no authority, as one such memo put it in 1990, to “refuse to enforce a statute he opposes for policy reasons.”

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Conservative Group Targeting McConnell in Kentucky Over Fiscal-Cliff Deal

photo credit: gage skidmore

A conservative group has begun running online ads in Kentucky targeting Senate Republican Leader Mitch McConnell (Ky.), who is up for reelection in 2014, because of the “fiscal-cliff” deal he brokered.

Brent Bozell, the chairman of ForAmerica, which reports an online membership of 3 million, has launched one of the first ads of the 2014 cycle on conservative websites in Kentucky. The group says it is a five-figure buy.

The ad, titled “Whose Side Are You On,” asks conservatives to sign a petition letting Republican lawmakers know they will be held accountable if they vote for legislation to further increase taxes.

“As negotiations over the so-called ‘fiscal cliff’ were intensifying, conservatives called on McConnell and congressional Republicans to hold the line on tax rates and demand cuts to spending, as they had promised,” the petition states. “But when the deadline was looming, McConnell called Vice President Joe Biden and signed off on a deal with the White House that included tax increases and virtually no spending cuts.”

Bozell said in an interview that he “wouldn’t be surprised” if McConnell faced a conservative challenger in the 2014 Kentucky Republican primary.

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Surrender: McConnell Prepares to Raise the White Flag on Taxes

Senate Minority Leader Mitch McConnell is privately signaling that Senate Republicans are open to a strategy that would effectively allow the Bush-era tax rates for high earners to expire in order to avert the year-end fiscal cliff.

At a dinner with lobbyists Thursday night, McConnell disclosed that Senate Republicans were eyeing a so-called “two-bill strategy” increasingly being pushed by lawmakers in both parties, according to multiple sources in the room.

The idea would be to advance two bills, giving each party an opportunity to vote on the approach they favored, but only one would be signed into law: The extension of the Bush-era rates for families who earn less than $250,000 annually.

But House Republicans haven’t bought into this scenario yet, the latest divide between the House and Senate GOP in the already tense negotiations.

Under one possible scenario, the House would take up a Senate-passed bill to extend the Bush-era rates for all but the top 2 percent of wage earners and increase taxes on capital gains and dividends from 15 percent to 20 percent, sending that to President Barack Obama’s desk on the backs of Democratic votes in the House.

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Republicans Have Failed the Nation

photo credit: donkey hotey

Over the next couple of years, Barack Obama wants to raise the national debt to $18.9 trillion or so.

John Boehner, Mitch McConnell, and the congressional Republicans want to raise the national debt to $18.4 trillion or so.

The present leadership of the Republican Party has gone from making the case that government is the problem and the American people are the solution to making the case that Democratic controlled government is the problem and Republican controlled government is the solution.

By giving up on making the case that government is the problem and pivoting to “Democrats are the problem,” the Republican Party has failed the American people. Historically, when parties lost, their leadership went and hid for an appropriate amount of time under a rock after an acceptance of blame and a resignation.

The present Republican leaders in Washington, instead of hiding under a rock, have taken to standing on the rock and demanding conservatives self flagellate. Neither John Boehner nor Mitch McConnell are visionaries. They are survivors. They survive by recognizing the biggest threat to them and trying to befriend it or neutralize it.

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McConnell ‘Burst Into Laughter’ as Geithner Outlined Obama’s Plan

photo credit: gage skidmore

Mitch McConnell, the Senate Republican leader, says he “burst into laughter” Thursday when Treasury Secretary Tim Geithner outlined the administration proposal for averting the fiscal cliff. He wasn’t trying to embarrass Geithner, McConnell says, only responding candidly to his one-sided plan, explicit on tax increases, vague on spending cuts.

Geithner’s visit to his office left McConnell discouraged about reaching a “balanced” deal on tax hikes and spending reductions designed to prevent a shock to the economy in January. “Nothing good is happening” in the negotiations, McConnell says, because of Obama’s insistence on tax rate hikes for the wealthy but unwillingness to embrace serious spending cuts.

Geithner suggested $1.6 trillion in tax increases, McConnell says, but showed “minimal or no interest” in spending cuts. When congressional leaders went to the White House three days after the election, Obama talked of possible curbs on the explosive growth of food stamps and Social Security disability payments. But since Geithner didn’t mention them, those reductions appear to be off the table now, McConnell says.

Obama is pushing to raise the tax rates on couples earning more than $250,000 and individuals earning more than $200,000. But those wouldn’t produce revenues anywhere near $1.6 trillion over a decade.

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GOP Minority Leader McConnell Ignores Akin in His Own Hometown, Seems to Be Supporting the Democrat

When Senate Minority Leader Mitch McConnell visited St. Louis Wednesday, he did so quietly, touring Monsanto’s headquarters and holding a fundraising event for his his 2014 campaign.

Not on the Kentucky Republican’s schedule? A meeting with or an endorsement of Rep. Todd Akin, who is challenging Democratic Sen. Claire McCaskill for her seat.

While Akin may have been persona non grata with virtually all Republicans after his inflammatory “legitimate rape” comments, only McConnell has so far toed the harsh line the GOP drew in the sand in August when they tried — in vain — to force him out of the race.

On the contrary, a day after the deadline for him to bow out of the race had passed, Akin was basking in the glow of endorsements from Newt Gingrich, Rick Santorum and fellow Missourian Sen. Roy Blunt, among others.

“Just like all of our GOP candidates elected in the August primary, the Missouri Republican Party stands behind Congressman Todd Akin in his race for United State Senate,” said David Cole, the chair of the Missouri GOP, in one statement.

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