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"courts casting congress" Discussed on James Wilson Institute Podcast

James Wilson Institute Podcast

16:32 min | 2 years ago

"courts casting congress" Discussed on James Wilson Institute Podcast

"Revising. I by the press release or email important provisions of the Obamacare Act Several Welfare Labor Immigration Education Environmental Statutes of the Constitution Clear appointment requirements. Many of these acts have been unconstitutional. The courts of blocked some of them. They have exceeded to a few others with obvious. Great Reluctance But in most cases the actor immune from legal challenge because nobody has the Standing that demonstrate tangible personal Harms to bring a suit and so the. House has now approved a lawsuit of its own at constitutional suit throwing itself on the Bercy of the Courts Casting Congress. A pitiful helpless giant an innocent bystander to presidential use of patients. Well Congress is not innocent Congress has been and continues to be an active partner in transferring legislative power to the executive branch since the early Nineteen Seventies. It has a debt established dozens of agencies such as the Environmental Protection Agency That have unilateral authority to enact sweeping costly contentious national laws under very vague statutory standards in recent years Obamacare and Dodd Frank of established new standards of Congressional Delegation of lawmaking power providing a fleet of new agencies and committees and councils with sweeping legislative most dramatic abdications of involve taxing spending and borrowing These powers you can read them right there. In Article One section eight and section nine. They are specific. Planetary exclusive the linchpins of Congress's position in the balance of powers Congress now appropriates only thirty percent of federal spending. The rest seventy percent is interest on the debt in Small Park but mostly on entitlement spending the proceeds without any congressional authorization for appropriation from year to year and in almost all year. Congress doesn't appropriate the thirty percent either because of the utter collapse of its budgeting procedures. It has not passed Full the full twelve appropriations bills in many years. A new fiscal year begins next week. Needless to say Congress is not SPEC passed a single propagation out for fiscal year. Two Thousand Fifteen things get rolled up into these enormous blunderbuss continuing resolutions controlled by the party. Hierarchies Congress Has a strong propensity to spend much more than taxes and the result is continuous annual deficits deficits. And that's a separate kind of delegation delegation to future citizens and Congress's who are going to have to figure out somehow some way to pay the costs of today's mounting debt. An issue I talk about an article. That heavily has distributed. But in the meantime this propensity of continuous deficit spending has also led. Congress to transfer tax spending and borrowing powers with the Constitution gives to it alone downtown to the executive agencies. It has recently handed several in the past ten twenty years several agencies to set the power to set and collect their own broad based taxes the FCC runs eight nine billion dollars a year quote Universal Access Fund which provides subsidies for a grab bag of worthy causes rural health clinics for example and now subsidies to people who attest online that their income is below a certain level can get iphones and the rising accounts at super bowl cost. This is funded by a tax that it sets and collects by itself it just sit on a quarterly basis to keep track with its Spending designs. The ways and Means Committee would love to be able to do that. The Public Company Accounting Oversight Board called peekaboo sometimes which was set up by the two thousand and two Sarbanes Oxley Act. It supports itself with a corporation tax to cover its annual budget. It takes its budget for the year has a spreadsheet with all of the public companies in the country weighted by their current asset values and it just punches it in and it divides the bill and it sends them all. And if you don't hey what they call a contribution. You can't have your books audited. So it's pretty powerful incentive to Contribution much has been said about the dodd. Frank Act Newest Regulatory Agency the consumer financial protection. Bureau it is not financed by its own taxes rather it gets a automatic share a draw from the profits of the Federal Reserve Banks these prophets which are collected from Banks in the course of conducting monetary Operations AREN'T IMPLICIT TAX. After cracking its own operating costs at turns them all over to the Treasury Department is General revenues. But now before that happens it also gives an automatic cut to this new bureau a cut that with otherwise supporting other ongoing Government programs so the way to think of this new departure financial independence for the executive branch is. It's an entitlement. It isn't entitlement not for Social Security. But an entitlement for a regulatory agency and it's a debt financed entitlement As well we set up a new agency we took money from other agencies and gave it automatically to this new agency The feds annual profits. This year will be well over one hundred billion dollars. It's operating costs are six billion and this year's cut for the consumer financial protection bureau is a half billion so that means there's lots of room for this idea of regulatory entitlements to grow the last surrender of its borrowing power has gone largely unnoticed and filled with irony. The borrowing power has been exercised since World War. Two by a debt limit. It used to be if the treasury needed to borrow money. They go up to the hill. They'd have a little bourbon branch water. Talk it over. We have a war on our hands down in the Caribbean. We need to borrow money. How much what are the markets? Look like they'd sit down. They designed the debt instruments The congressman of has some ideas of some good people to contact for brokerage for the new issues and so forth that we had to raise a lot of money. Fast in the middle of rebel when we got into World War One. We had this limit where Congress can't borrow more than a certain amount and if it gets up to that limit you need more Come back to us. It's right there in the constitution. It's number two enumerated power. It's legitimate congressional prerogative but in a time of constance deficits growing debt. It's an impotent feeble. Prerogative because by the time we hit the lemon and need to borrow more. Congress has already authorized and appropriated the dollars authorized the taxing the creates the gap that creates the need to borrow more may not be this congress. The Tea Party people would say well. I never approved the stuff. I just got here. But Congress has appropriated these things it shows the vertical concatenation and when they try to use the debt ceiling as leverage. They always fail In recent years as the The house was unwisely tried to use the need to raise the debt ceiling as a lever to extract policy and spending concessions out of the Obama Administration. President Obama wisely rejected the Council of several legal pundits that he simply ignored the borrowing power ignore Congress borrow beyond the ceiling. We had an emergency on our hands. The Abbot President is to solve emergency. So go in there and ignore that riffraff over in the House and borrow it will. He turned that down but then when the dust settled last October November after the failure after the government shutdown. He'd been restored the house. First of all Chagrin at discovering yet again That the debt ceiling is not a good lever in days continuous but then faced with the prospect of voting for a debt ceiling which would have had to be over eighteen trillion to get through the elections in the fall that we don't want to vote for that. So what they did was they suspended the debt ceiling so the Treasury may borrow atwill to meet what believes to be. It's through a certain time and that time is now next March fifteenth. I think that if Congress is going to take back presidential encroachments such as we've seen and they're not just Obama. I could give a litany of George Bush's brazen encroachments on legislative power. If Congress is going to take these back it first has to recover the arsenal of powers that it's given up itself. These Republicans that will be controlling the congress if they if they win in November would seem to be just the people for the task especially with the new tea party. Inspiration of adamant. Constitutionalism is their new guide. Word they are devoted to the constitution but if they actually try the task of reasserting their powers that try is going to put their devotion to the test because Congress did not give up its constitutional powers by inadvertent gave them up by calculation. And if it's going to get them back we're going to have to have a new political calculus and a new political culture in the United States. Congress let me explain what I being my that the Constitution's powers are also responsibilities. The first responsibility of the legislature is what I will call collective choice that is making choices on matters of public importance and dispute in league with many others that have differing and often sharply conflicting interests and viewpoints. The politician tends to be gregarious and assertive at but has to Has To reserve those natural instincts to be legislature legislator. You have to suffer fools gladly. You have to settle for half lobes you have to make wretched compromises. You have to endure that treachery of your opponents. And also the disappointment of your eyes when you make your compromises in compensation you are a member of a famous and powerful elite you possess many a perogatives and perquisites and you are referred to and addressed as honorable and all that deference I would say a lot of it simply has to do with your shear power but There's clearly more than that to be an elected. Legislator is a big deal. You are part of a tradition of democratic self government we actually make two representatives to laws that we obey a radical idea it extends back for centuries and is one of the great glorious of Western civilization. Now I believe that delegating lawmaking to the executive has been continues to be not entirely but to a considerable degree. A means of shirking the legislative responsibility while retaining and even augmenting increasing the power and parameters of the individual member in exchange for these burdens and risks of legislating of collective choice. The member becomes a solo practitioner with a public license and the license is to influence at the margin the operations of this vast executive apparatus through grant headed and a letter writing and regulatory tweaks putting your staff and your allies in key positions in regulatory agencies administrative agencies in the Executive Branch. Washington lobbying firms adding adding entrepreneur per neural writers and earmarks in line. Items to these blunderbuss Spending bills promising to either preserve or undo the latest executive action of before aroused constituency groups pell mell personal fundraising. Now a lot of these things are longtime legislative congressional perogatives but they have called last into all new Capitol Hill Culture. In recent decades that has acquired a logic and a momentum of its own is executive government grows so do the opportunities for influencing its choices at the margin and soak correspondingly value the value to outsiders to having access to the individual member a instantaneous communications continuous surveillance twenty four seven by interest groups and national constituency groups drives out all time in negotiated space for collective choice and puts a premium on snappy personal political message. So that is the Congress today if we're going to have a constitutional revival. I maintain we're going to have to have a cultural reliable. Congress is going to have to To regain its lost powers. It has to relearn legislative arts skills. Legislators energies have to be redirected and the Majority in Congress going to have to risk too I R- of Party constituencies who have grown unfamiliar with the obligations of legislating and the centrality of that task to our constitutional order but President. Obama just might cooperate at least up to a point. At least he should. Presidents have gotten too powerful for their own good and late-term presses have learned this the range and sheer high-velocity volume of executive branch lawmaking his grown far beyond the span of control or even understanding of its sole elected official and his immediate political staff. It brings surprises and dilemmas every day when the agencies act or when our president acts on his own initiative and volition he is seen today as exercising personal power unmediated by any sort of legislative engagement. He's different from parliamentary Prime Minister. He stands before the nation before the citizenry alone and apartment. Congressional participation is usually he stays in the form of a Greek chorus a discordant recourse to be sure to party leadership's with instantaneous. Party partisan messaging for the media. One hailing the.

Congress Executive Branch Courts Casting Congress executive Obama treasury President Environmental Protection Agenc Dodd Frank Federal Reserve Banks House Tea Party Caribbean government FCC United States