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Monday, November 17, 2014

This is not a fight the Republicans should run from

Remember it was your congressman who wanted to run for office not you. Now with the impending constitutional crisis brought about by executive amnesty it is his burden. It is not his place to complain about his lot but rather to protect and defend the constitution as is his sworn duty.
Hey buddy, if you didn't want to work you shouldn't have hired out. Just because your Democratic colleagues are willing to scrap two hundred years of fidelity to representative government and embrace autocratic rule does not give you leave to do the same. This may be the biggest moment of your career. Don't blow it.
Yesterday, the Republicans on the Sunday talk shows conducted themselves with poise and conviction. They did not address the merits of executive amnesty but instead addressed the constitutionally mandated separation of powers and checks and balances. Call it seventh grade civics if you will but the greater public still maintains a reverence for the legal process even if it has gone out of vogue in the Democratic Party.
Several commentators wondered aloud if this was not a contrived event orchestrated by grandmaster Barack Obama when as soon as the Republicans snatch the gambit pawn they are beset by a devastating counter attack, destroyed with Morphyesque precision, and cast forever into the dustbin of history to the thunderous applause of Sandra Fluke, Wendy Davis, Alison Lundergan Grimes, and right thinking women everywhere. In your dreams, Bob Schieffer. A tactical genius Obama is not. He bumbles from crisis to crisis. He has been outplayed by every opponent from Assad to Karzai. He is boorish and overbearing but never clever.
I would hope his executive order would be followed by a joint press conference by Mitch McConnell and John Boehner. They should address the matter in constitutional terms forgoing a critique of Obama's order. The should make known their insistence on a short term continuing resolution that has language blocking the amnesty. They should also state that that Obama is operating under the delusion that his party won the recent elections, that he can no longer govern, and that an intervention is in order.
When the new Congress convenes the leaders should force the Democrats to vote on the issue executive amnesty. They can bring multiple resolutions to the floor until the voters back home know where each member stands. All major appropriation bills will be passed but spending bills will be broken into two month increments. Large amounts of each bill will be ear marked for specific spending leaving the administration as little discretionary spending as possible. Departments and agencies that have not complied with all subpoenas that may have been issued by the committees of the House and Senate should not expect to see any funding. All funding bills should prohibit spending for administrative leaves. All regulations created or proposed by the sundry agencies must be altered to comply with congressional prerogatives as a condition of funding.
Lastly the Republicans should blow up the regulatory regime. This could be done by including in the language of all spending bills language from the 6th amendment that guarantees " the right to a speedy and public trial, by an impartial jury of the State and district wherein the crime ( or civil infraction ) shall have been committed, which district shall have been previously ascertained by law, and to be informed of the nature and cause of the accusation; to be confronted with the witnesses against him; to have compulsory process for obtaining witnesses in his favor, and to have the Assistance of Counsel for his defense.” That should jam up agency intimidation for years.
This fight is winnable. The Republicans are at a modern zenith of power. They control both houses of Congress, have a nominal advantage in the Supreme Court and control 68 of 99 state legislative bodies while the Democrats control the fewest number of state legislatures since 1860. Obama is making a terminal tactical blunder.

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