Tuesday, October 08, 2013

Department of Justice Reigns in Civil Litigation Because of Shutdown

How is it possible that the Department of Justice unnecessarily allows itself to be brought to its knees by a bunch of power-hungry political extremists in the House of Representatives?

DOJ asks US attorneys to postpone or curtail civil litigation during shutdown.

The Current US Coup d'Etat by the House of Representatives and the Question of Can a "Debt Ceiling" Be Ignored by the President? Absolutely. Those Who Do Not Play By the Rules are Ultimately Thrown Out of the Game, and that Means the House

Debra Cassens Weiss has the story at Can Obama ignore the debt ceiling? Three constitutional arguments provide a 'yes' answer.

The fact is that the House of Representatives is not playing according to the rules. Real life especially, just as any "game" or "sport", requires that those who do not play by the rules be thrown out of the game, sooner or later, because they endanger everyone else. That is an inexorable rule of life.

The legislature is nothing without the power of the executive.

Congress can only pass measures, nothing more, and must depend on the executive to enforce them. He can choose not to do so if there is a lack of good faith on the part of the legislature. Any branch of government that does not play by the rules can not expect the other branches to do so.

When, as now, a part of the legislature, such as the extremist faction of the House of Representatives, and the exceedingly weak groupie Republicans in that House, support a virtual coup d'etat, and usurp government functions of the executive, then the chief executive has ALL options open. All.

He could restart federal government and disband or ignore the House until a proper budget is passed and there is really nothing that the House could do about it. Nor can the Supreme Court do anything if the chief executive wields emergency powers. They are powerless without the good will of the President.

That solution is not an option anyone wants, but you have to distinguish power from prudence. The President, as any chief executive, has ultimate power.

The House has pushed its own power far beyond its limits and the inevitable backlash will send it back-pedaling, with a division of the Republican Party into two separate parties as the possible long-term result, i.e. a GOP of traditional Republicans holding to the rule of law and to long-standing American political and moral values, and a Tea Party of right wing extremists, scorning democracy, violating the rule of law and scoffing at the U.S. legal system.

Given the current situation, no good result for the Republican Party can be imagined, either internally, or among the voters.

They have simply gone too far and now stand on the edge of a cliff of their own making, once again showing that human stupidty and greed have no bounds.


Fareed Zakaria via Daily Kos Correctly Analyzes House Actions Leading to Government Shutdown as Unconstitutional

See Daily Kos and US Debt Ceiling Impasse is a Constitutional Crisis in the Making where Maynard writes, correctly in our opinion:
"But it's the ACA [Affordable Care Act] measure in this shutdown battle that has really roiled widespread protest against these tactics. In a CNN video editorial, Fareed Zakaria does a good job explaining why in simple terms.



In short, his argument is that: Because this is settled law that has already passed through congress, already been signed by the President, and already even been confirmed as constitutional by the Supreme Court, for the House - a single legislative body - to use the threat of default to overrule agreement with the Senate and the President in prior lawmaking, is to extra-constitutionally usurp powers it does not enjoy. Essentially, the House asserts a new postfacto veto authority over prior Senate and conference committee deliberations after reconciliation and passage. Even a law agreed upon by all three branches of government, as is the case of the ACA, could - after the fact - be 'vetoed' by only the House of Representatives simply with the procedural move of refusing to pass a budget or continuing resolution.
This appears unconstitutional. Article I Section VII requires that budgetary bills originate in the House, where they are debated in the Senate. Differences between House and Senate Bills are reconciled in conference committee. The final bill passed is then sent to the President for a signature or vetoed.
Article IV Section I ('full faith and credit') of the US Constitution demands the financial solvency of states, and provides the judiciary with the authority to resolve private financial disputes.
The Fourteenth Amendment clearly states that US Federal debt is sacrosanct and must be honored. This was affirmed in 1935 by the Supreme Court in Perry v. United States.
The Fourteenth Amendment, in its fourth section, explicitly declares: 'The validity of the public debt of the United States, authorized by law, ... shall not be questioned.' While this provision was undoubtedly inspired by the desire to put beyond question the obligations of the government issued during the Civil War, its language indicates a broader connotation. We regard it as confirmatory of a fundamental principle which applies as well to the government bonds in question, and to others duly authorized by the Congress, as to those issued before the amendment was adopted. Nor can we perceive any reason for not considering the expression 'the validity of the public debt' as embracing whatever concerns the integrity of the public obligations."
We conclude that the Joint Resolution of June 5, 1933, in so far as it attempted to override the obligation created by the bond in suit, went beyond the congressional power.
There is absolutely no rational argument that either legislative body in congress has the authority to withhold fulfilling its constitutional fiduciary responsibilities for the sole purpose of exacting policy concessions otherwise unrealizable through normal legislative practice. Funding the government is explicitly their job. For one legislative body to refuse to fund government without policy concessions from either another legislative body, the Executive, or Judicial clearly expropriates authority in an extra-constitutional manner and thus violates the balance of powers our founders initially intended." [emphasis added]
Not only that, but as we noted in our previous posting,

Government Shutdown Crisis Planned in Secret, Months in Advance by Republican Anarchists: A Criminal Conspiracy?

the criminal "conspirators against rights" in the House of Representatives and those outside of it should be sent to jail.

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